Morgan Hill City Council
June 26, 2024

Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Marilyn Librers - Mayor Pro Tem
Gino Borgioli - Council Member
Rene Spring - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, June 26, 2024 6:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
AMENDED AGENDA - This agenda has been amended to include remote participation.

Council Member Yvonne Martinez Beltran will be participating remotely as follows:

Kumiai Inn, Benito Juarez 1451, Encanto Sur, 21440, Tecate, B.C., Mexico Public comment shall be allowed from this location.
_____________________________________________________________ Morgan Hill City Council meetings are held in person with the option for the public to attend in-person or participate by teleconference/video conference. Information on how the public may observe and participate in the meeting is below.

MEETING PARTICIPATION
Morgan Hill City Council meetings are held in person. The community may attend in person or via Zoom (video/teleconference). The meetings are also live-streamed on the City’s website, Facebook page, and Channel 17.

Those wishing to participate in the meetings remotely must register in advance at https://bit.ly/CityCouncilZoomRegistration. Additionally, Zoom participants must be running the latest version or will be required to update to the latest version before being able to join the meeting remotely.

Remote participation is also available by calling (669) 900-9128 and entering webinar

June 26, 2024
2 id: 873 3200 8380#. Dial *9 to raise your hand, and be called upon to speak for up to 3 minutes. Dial *6 to unmute.

PUBLIC COMMENT
Public comment may be offered verbally at the meeting or in writing before the meeting.

Those attending remotely may only offer public comment for items on the agenda in one of four categories:
• Consent Calendar
• Other Business
• Public Hearings
• Closed Session
Public comment will be heard from those attending in person first with the submission of a speaker card. Once that is complete, we will move to those on Zoom who have their hand raised. Following public comment from Zoom, we will close the public comment period for that item.

Remote public comment for items not on the agenda will not be accepted.

Written public comment may be submitted to the City Clerk:
• In person at the City Council Meeting;
• Via email to [email protected]; or
• Hand delivered or mailed to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037
Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) so that your comments can be submitted to the members of the City Council with sufficient time to review them. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting.

Public comments submitted to the City Clerk after noon (12:00 p.m.) the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City's website. It is recommended that you do not include any personal information that you do not want to be posted on the web. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and

June 26, 2024
3 you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259 or by email at [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

CITY COUNCIL REPORTS
Council Member Martinez Beltran

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

June 26, 2024
4 ADOPTION OF AGENDA

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

1. APPROVE A CONSULTANT AGREEMENT WITH BIGGS CARDOSA
ASSOCIATES, INC. FOR THE COMPLETION OF DESIGN AND

ENGINEERING WORK FOR GRADE SEPARATIONS FOR DUNNE AND

TENNANT AVENUE AND DOWNTOWN CALTRAIN STATION PEDESTRIAN CROSSING FOR THE NOT TO EXCEED AMOUNT OF $2 MILLION,
INCLUDING A CONTINGENCY OF $200,000
Recommendation:

1. Approve an agreement with Biggs Cardosa Associates, Inc. for design and engineering work for Phase 1 for grade separations for Dunne Avenue and the Downtown Caltrain Station Pedestrian crossing for an amount not to exceed $1 million ($900,000 with $100,000 contingency);

2. Authorize the City Manager to increase the maximum compensation paid to Biggs Cardosa Associates, Inc. by $1 million ($900,000 with $100,000 contingency) for design and engineering work for Phase 2 to include Tennant Avenue upon award and receipt of the Federal Railroad Administration grant; and

3. Authorize the City Manager to execute the Agreement with Biggs Cardosa Associates, Inc. and necessary amendments.

2. APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVERS AND DENY

CONCESSION REQUEST FOR THE BARNELL - HAREN PROPERTIES LLC

RESIDENTIAL PROJECT AT BARNELL AVENUE AND DUNNE AVENUE (LJ

COMMONS)
Recommendation:

Adopt resolution approving the request for four waivers and denying the request for a concession to the City's Objective Development Standards for residential development.

3. APPROVE REQUEST BY EDEN HOUSING, INC. (EHI) TO WAIVE THE 2023

ANNUAL SURPLUS PAYMENT TO CITY FOR VILLA CIOLINO

AFFORDABLE APARTMENTS TO MAKE NECESSARY REPAIRS
Recommendation:

Authorize the approval of a waiver for the receipt of the 2023 annual payment from Villa Ciolino's surplus cash in the amount of $101,197 to support the property's urgent rehabilitation needs.

June 26, 2024
5 4. APPROVE THIRD AMENDMENT TO AGREEMENT WITH CITY OF GILROY

FOR PROVIDING STAFF SERVICES
Recommendation:

Authorize the City Manager to execute the Third Amendment to the City of Gilroy Staff Services Agreement for Stormwater Permitting Requirements and Environmental Management Services.

5. APPROVE THE CLOSEOUT ANALYSIS REPORT FOR THE
REASSESSMENT DISTRICT 2015-1 (MORGAN HILL RANCH)
Recommendation:

1. Adopt resolution declaring the remaining reassessment revenue fund balance to be surplus, ordering the disposition of such surplus; and

2. Approve the Closeout Analysis Report for the Reassessment District 2015-1 (Morgan Hill Ranch).

6. APPROVE THE JUNE 19, 2024 CITY COUNCIL MEETING MINUTES Recommendation:

Approve minutes.

7. AUTHORIZE EXECUTION OF COST SHARING AGREEMENT WITH VALLEY

WATER FOR THE UPPER LLAGAS FLOOD CONTROL PROJECT PHASE
2B
Recommendation:

1. Authorize the City Manager to execute and administer a cost-share agreement with Valley Water for the construction of improvements supporting the Upper Llagas Creek Flood Control Project for up to $4.5 million; and

2. Authorize the City Manager to make minor modifications to the agreement as necessary with the approval of the City Attorney.

8. AWARD THE EAST DUNNE HILLSIDE WATER RESERVOIR PROJECT TO AZUL WORKS, INC. IN THE AMOUNT OF $8,296,000 AND APPROVE

CONSULTANT AGREEMENT WITH KENNEDY/JENKS CONSULTANTS FOR

CONSTRUCTION SUPPORT SERVICES FOR A NOT TO EXCEED AMOUNT OF $300,000
Recommendation:

1. Approve the East Dunne Hillside Water Reservoir Project plans and specifications;

June 26, 2024
6 2. Award contract to Azul Works, Inc. for the East Dunne Hillside Water Reservoir Project in the amount of $8,296,000;

3. Authorize expenditures of construction contingency not to exceed $829,600;

4. Approve consultant agreement with Kennedy/Jenks Consultants for Construction Support Services for a not to exceed amount of $300,000; and

5. Authorize the City Manager to execute and administer the construction contract with Azul Works, Inc. and consultant agreement with Kennedy/Jenks Consultants.

9. RECEIVE MONTHLY BUDGET UPDATE AND MAY 2024 FINANCIAL AND

INVESTMENT REPORTS
Recommendation:

Accept and file report.

PUBLIC HEARINGS

10. AWARD THE ENERGY SERVICES CONTRACT TO SYSERCO ENERGY SOLUTIONS, INC. FOR DESIGN AND CONSTRUCTION OF SOLAR
SYSTEMS AT MULTIPLE CITY FACILITIES IN THE AMOUNT OF $7,583,500 Recommendation:

1. Open and close the Public Hearing;

2. Authorize the City Manager to execute and administer an energy service contract with Syserco Energy Services for $7,583,500;

3. Authorize contingency funds of $379,175; and

4. Adopt a resolution making findings in compliance with California Government Code Section 4217.12 on Energy Conservation Contracts.

OTHER BUSINESS

11. AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

HOTEL MOHI BY APPELLATION FOR A TRANSIENT OCCUPANCY TAX

AND SALES TAX SHARING AGREEMENT
Recommendation:

Authorize the City Manager to prepare and execute a Transient Occupancy Tax (TOT) and Sales Tax Sharing Agreement for the Hotel MOHI by Appellation project based on the Draft Deal Points as memorialized by KMA.

12. RECEIVE WASTEWATER RATE STUDY REPORT, ADOPT RESOLUTION

DECLARING INTENT TO IMPLEMENT NEW WASTEWATER RATES AND

June 26, 2024
7 COMMENCING PROPOSITION 218 NOTICES, AND SET AUGUST 28, 2024,

AS THE DATE FOR A PUBLIC HEARING
Recommendation:

1. Receive Wastewater Rate Study report;

2. Consider implementing an alternative rate structure of a 100% fixed wastewater rate charge for residential customers and/or an additional wastewater meter account charge for those residential customers with detached Accessory Dwelling Units (ADU);

3. Adopt resolution declaring intent to adjust wastewater rates and authorizing the commencement of Proposition 218 noticing; and

4. Set August 28, 2024, as the date for the Public Hearing and adoption of new wastewater rates.

PROPOSED FUTURE COUNCIL INITIATED AGENDA ITEMS

13. PROVIDE DIRECTION TO STAFF ON PROPOSED FUTURE COUNCIL

INITIATED AGENDA ITEM
Recommendation:

Determine if the majority of the City Council wants the following item agendized at a future meeting for discussion:

Bring Viva Calle to Morgan Hill.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

June 26, 2024
8 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item described in the notice of this meeting during consideration of that item. If you wish to address the Council on any item on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk before the City Council discussion on the item. You are not required to give your name on the speaker card to speak to the Council, but it is very helpful. When you are called, proceed to the podium, and the Mayor will recognize you. If participating via Zoom, please raise your virtual hand to be called. When called, you will be unmuted and recognized for speaking. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Please note that public comment for items not on the agenda are not accepted virtually.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may request an item on the agenda for a future City Council meeting. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

June 26, 2024
9

1 CITY COUNCIL STAFF REPORT
MEETING DATE: June 26, 2024
PREPARED BY:

Tiffany Brown, Associate Planner
APPROVED BY: City Manager

APPROVE A CONSULTANT AGREEMENT WITH BIGGS CARDOSA
ASSOCIATES, INC. FOR THE COMPLETION OF DESIGN AND

ENGINEERING WORK FOR GRADE SEPARATIONS FOR DUNNE AND

TENNANT AVENUE AND DOWNTOWN CALTRAIN STATION
PEDESTRIAN CROSSING FOR THE NOT TO EXCEED AMOUNT OF $2
MILLION, INCLUDING A CONTINGENCY OF $200,000

RECOMMENDATION(S)

1. Approve an agreement with Biggs Cardosa Associates, Inc. for design and engineering work for Phase 1 for grade separations for Dunne Avenue and the Downtown Caltrain Station Pedestrian crossing for an amount not to exceed $1 million ($900,000 with $100,000 contingency);

2. Authorize the City Manager to increase the maximum compensation paid to Biggs Cardosa Associates, Inc. by $1 million ($900,000 with $100,000 contingency) for design and engineering work for Phase 2 to include Tennant Avenue upon award and receipt of the Federal Railroad Administration grant; and

3. Authorize the City Manager to execute the Agreement with Biggs Cardosa Associates, Inc. and necessary amendments.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2024-2025 Strategic Priorities
Fiscal Sustainability
Transportation
Guiding Documents
Morgan Hill 2035 General Plan
Downtown Specific Plan
REPORT NARRATIVE:

BACKGROUND

1 In January 2024, the City of Morgan Hill was awarded $1 million by the California Department of Transportation (DOT) for grade separation design and engineering work at the railroad crossings and the pedestrian crossing at the Caltrain Station. In addition to the DOT grant, the City received earmarks from the Federal Railroad Administration (FRA) for an additional $1 million for grade separations, $500,000 for Quiet Zones, and $500,000 for the widening of US Highway 101. The FRA funding requires a 20% match and can be satisfied by the time the City staff worked on the project. The DOT grant does not require a match and may also be used to meet the 20% match requirement from the FRA grant.

On February 21, 2024, the Council adopted a Resolution approving a Funds Transfer Agreement (FTA) with DOT for grade separations and directed the City Manager to negotiate a consultant agreement with Biggs Cardosa Associates, Inc. for design and engineering work for grade separations and the Caltrain Station pedestrian crossing.

Biggs Cardosa Associates, Inc. is a California corporation established in 1986 that specializes in the planning, design, and construction management of bridges, transportation structures, and supporting infrastructure facilities. Biggs Cardosa is an award-winning company that has completed over 50 grade separation projects in California, over 100 Heavy Rail Bridge projects, and over 20 signature pedestrian/Bicycle Facility projects in California. In 2022, the City issued a Request for Proposals to multiple engineering firms and received one proposal from a multidisciplinary team of engineering and land use consultants led by Biggs Cardosa.

The staff has been working with Biggs Carodsa to develop a scope of work that allows design work for grade separations at Dunne Avenue, Tennant Avenue, and the Caltrain Station. The scope of work allows flexibility in expanding the design work services if the City successfully secures the second grant for a total amount not exceeding $2 million.

Biggs Cardosa Associates, Inc. Qualifications
Biggs Cardosa will lead as the City's primary consultant and manage a sub-consultant team, including BKF Engineers, Perkins & Will, David J. Powers, Hexagon, JMA for Railroad Engineering, and PARIKH Consultants for Geological Engineering. The consulting team is familiar with Morgan Hill and the High-Speed Rail (HSR) project and has provided services to Morgan Hill for assistance in commenting on the HSR project EIR.

Scope of Work
The scope of work includes two phases. Phase 1 develops conceptual designs for the crossings at Dunne Avenue and the Caltrain Station. Phase 2 develops conceptual designs for the crossing at Tennant Avenue and brings conceptual designs for Dunne Avenue and the Caltrain Station to 30% designs. The agreement with Biggs Cardosa is for $1.8 million. It disperses $900,000 for Phase 1 and $900,000 for Phase 2 - leaving $200,000 ($100,000 in each phase) for contingencies that may cover optional tasks for conceptual design cost estimates, landscaping plan, or completion of 30% design for Phase 2, or the contingency funds may cover City administrative work performed on the

1 project. More details on the scope, deliverables, and pricing are included in the contract.

This work will require coordination with the California High-Speed Rail Authority, CalTrain, and VTA. Below is a summary of what tasks will be performed in each phase.

TASK E.

DUNNE
AVE.

TENNANT
AVE.

CALTRAIN

STATION
PUBLIC

CROSSING
TASK 1: PROJECT

MANAGEMENT
Phase
1 Phase 2 Phase 1
TASK 2: DATA

COLLECTION
Phase
1 Phase 2 Phase 1
TASK 3: CEQA AND NEPA

CONSULTATION AND

CLEARANCE
Phase
1 Phase 2 Phase 1
TASK 4: GEOTECHNICAL

CONSULTATION
Phase
1 Phase 2 Phase 1
TASK 5: TRAFFIC

ENGINEERING SUPPORT
Phase
1 Phase 2 Phase 1
TASK 6: CONCEPTUAL
DESIGN (RailPro Track
Design)
Phase
1 Phase 2 Phase 1
TASK 7: DESIGN
DEVELOPMENT - 30%
DESIGN
Phase
2 Optional
task in
Phase 2
Phase 2
COMMUNITY ENGAGEMENT:

This report serves to inform the Community of the consultant agreement with Biggs Cardosa Associates Inc. for the advancement of design and engineering work for grade separations and the downtown Caltrain Station pedestrian crossing.

ALTERNATIVE ACTIONS:

The City Council could choose to not include Phase 2 in the proposed contract with Biggs Cardosa and limit the design and engineering work to $1 million.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On February 21, 2024, the City Council adopted a resolution for a Funds Transfer Agreement to receive $1 million in funding for the design and engineering work for grade separations and pedestrian crossing from the California Department of Transportation.

1 FISCAL AND RESOURCE IMPACT:

There is no financial impact for the City to advance design work for grade separations as it will be funded by the DOT grant which has been received by the City. If the City secures the second grant from the FRA, the 20% matching requirement will be met through the initial DOT grant.

CEQA (California Environmental Quality Act):

Environmental review is included in the scope of work of the contract. Approval of the grade separations is understood to be exempt from both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The consultant will prepare and file a CEQA Notice of Exemption. The consultant will also complete forms and documentation required by the Federal Railroad Administration (FRA) for approval of a Categorical Exclusion under NEPA.

For the Caltrain Station Pedestrian Undercrossing, as a baseline, the consultant will research the design of the proposed modifications to the Morgan Hill Caltrain Station that are described in the approved CHSR EIS/EIR. Changes to that design now being contemplated by the City will be reviewed and the environmental effects of those changes will be described in an Addendum to the CHSR EIS/EIR to be prepared as part of the contract.

1 Revised June 2024

CONSULTANT AGREEMENT FOR DESIGN PROFESSIONALS
Biggs Cardosa Associates, Inc.

THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Biggs Cardosa Associates, Inc. a California corporation ("CONSULTANT") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on _____________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until March 18, 2026 at which time CONSULTANT’S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum period of one year. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by CONSULTANT shall be engineering and consulting services design of a grade separation at E. Dunne Avenue, a grade separation at Tennant Avenue, and a pedestrian undercrossing at Caltrain station as further described in Exhibit A.

4. Compensation. CONSULTANT shall be compensated as follows:

4.1. Amount. $900,000.00. $900,000. Total compensation to CONSULTANT under this Agreement for Phase 1 shall not exceed Nine Hundred Thousand dollars, and shall be billed based on the rate and basis set forth in Exhibit B.

4.1.1. Additional Compensation. If the City is awarded the Federal Railroad Administration grant in the amount of $1,000,000, and the City Council accepts the grant award and appropriates the funds, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to CONSULTANT during Phase 2. The City Manager shall have the authority to approve additional compensation in an amount not to exceed $900,000 for Phase 2, for a combined total maximum compensation amount of $1,800,000 and shall be billed based on the rate and basis set forth in Exhibit B.

4.1.2. Contingency. Dependent on the availability of funds, the City Manager shall have the authority to approve up to $200,000 for additional services as needed.

4.2. Billing. CONSULTANT shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by CONSULTANT on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 13 Notices. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’S judgment were necessary and reasonable. Services DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

2 Revised June 2024
for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or CONSULTANT shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require CONSULTANT to complete certain work product or documents and CONSULTANT shall deliver to CITY all documents in its possession without additional compensation to CONSULTANT. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify CONSULTANT of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. CONSULTANT represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by CONSULTANT in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the CONSULTANT’S profession. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. CONSULTANT shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY'S City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If CONSULTANT desires to leave or store any of CONSULTANT’S equipment at a CITY site while CONSULTANT is performing work or service pursuant to this Agreement, CONSULTANT will first obtain the consent of CITY'S City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at CONSULTANT’S sole risk.

7. Insurance Requirements. CONSULTANT shall procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of CONSULTANT, including its subcontractors, employees, and agents, relating to, or arising from, the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. CONSULTANT further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to CONSULTANT, at any time as deemed necessary to protect the interests of the CITY.

7.1. Insurance Types and Amounts.

7.1.1. Commercial General Liability (CGL). CONSULTANT shall maintain CGL against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3 Revised June 2024
combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.2. Automobile Liability. CONSULTANT shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if CONSULTANT does not own automobiles, then CONSULTANT shall maintain Hired/Non-owned Automobile Liability) against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.3. Workers’ Compensation Insurance and Employer’s Liability. CONSULTANT shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If CONSULTANT is selfinsured, CONSULTANT shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

7.1.4. Pollution (Environmental) Liability. If the performance of CONSULTANT’S work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, CONSULTANT shall procure and maintain Pollution Liability covering the CONSULTANT’S liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.5. Professional Liability.

7.1.5.1. If the performance of CONSULTANT’S work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), CONSULTANT shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater. Further, if CONSULTANT maintains a claims-made policy, CONSULTANT shall provide written evidence of such insurance to the CITY for DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

4 Revised June 2024
at least five (5) years after the completion of work performed under this Agreement.

7.1.5.2. If the performance of CONSULTANT’S work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), CONSULTANT shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of CONSULTANT’S work or service under this Agreement involves contact with minors, CONSULTANT shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to CONSULTANT under CONSULTANT’S combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

7.2. Endorsements. CONSULTANT shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

7.2.1. General Liability and pollution liability (when pollution liability applies).

7.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

7.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

7.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20

01. 7.2.2. Workers Compensation.

If the performance of CONSULTANT’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, CONSULTANT’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

7.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

5 Revised June 2024
insurance business in the State of California, and each insurer must have a current A.M.

Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

7.4. Certificates. CONSULTANT shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the CONSULTANT’S agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in noncompliance with any insurance requirements in this section 7. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

8. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

9. Compliance with Law.

9.1. CONSULTANT and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. CONSULTANT and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon any basis prohibited by State or Federal law, including but not limited to, race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

9.2. Compliance with Wage and Hour Laws: Consultant, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against CONSULTANT and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS DISCLOSED ANY FINAL

JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONSULTANT OR ITS SUBCONTRACTOR(S) HAS DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

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VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that CONSULTANT or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or CONSULTANT learns of such a judgment, decision, or order that was not previously disclosed, CONSULTANT shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision, or order.

CONSULTANT and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require CONSULTANT to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where CONSULTANT or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to CONSULTANT until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

10. Independent Contractor. CONSULTANT is an independent contractor and not an agent or employee of CITY.

11. Confidentiality. All data, documents, or other information received by CONSULTANT from CITY or prepared in connection with CONSULTANT’S services under this Agreement are deemed confidential and shall not be disclosed to any third party by CONSULTANT without prior written consent by CITY.

12. Conflict of Interest and Reporting. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

13. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

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Address of CONSULTANT is as follows:

Biggs Cardosa Associates
Att. Mahvash Harms
865 The Alameda
San Jose CA
95126

Address of CITY is as follows:

Tiffany Brown
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

14. Licenses, Permits and Fees. CONSULTANT shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes, and regulations of the federal, state, and local government.

15. Consultant's Proposal. If applicable, this Agreement shall include CONSULTANT'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

16. Maintenance of Records.

16.1. Maintenance. CONSULTANT shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. CONSULTANT shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then CONSULTANT shall retain said records until such action is resolved.

16.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONSULTANT and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

16.3. Ownership of Work Product. All documents or other information developed or received by CONSULTANT for work performed under this Agreement shall be the property of CITY. CONSULTANT shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

17. Familiarity with Work. By executing this Agreement, CONSULTANT represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

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Should CONSULTANT discover any conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

19. No Assignment. Neither this Agreement nor any portion shall be assigned by CONSULTANT, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY'S option, shall terminate this Agreement effective as of the date of such attempted assignment.

20. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred.

21. Defense and Indemnification.

21.1. Defense and Indemnification for Design Professional Services. Consistent with California Civil Code Section 2782.8, for design professional services to be performed under this agreement by a design professional, as that term is defined under said Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors in performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement (“CLAIM”) to the extent of CONSULTANT’S proportionate percentage of fault.

21.2. Defense and Indemnification for Non-Design Professional Services. For all services performed under this agreement not covered by Section 21.1 above, CONSULTANT shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (“INDEMNITEES”) from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by CONSULTANT, and/or its agents, officers, employees, subcontractors, or independent contractors (“CLAIM”).

21.3. Exceptions. CONSULTANT is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct of the CITY.

21.4. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by CONSULTANT.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

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21.5. Right to Offset. CITY shall have the right to offset against any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’S failure to pay CITY promptly any indemnification arising under this Section (21) and any amount due CITY from CONSULTANT arising from CONSULTANT’S failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

21.6. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the CONSULTANT to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this Agreement.

22. Entire Agreement; Modification; Conflicting Provisions. This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified, or provisions waived, only by a subsequent mutual written agreement executed by CITY and CONSULTANT. If the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement.

23. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara. Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County.

24. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

25. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

26. Binding Agreement. Notwithstanding the provisions of Section 19 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of CONSULTANT in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

27. ☐ Data Sharing. This Agreement requires access by CONSULTANT to CITY’S Geographic Information System (GIS) DATA for CONSULTANT to perform the work. CITY agrees to provide the GIS DATA to CONSULTANT solely for the purpose of performance of contracted work with the CITY upon the terms and conditions specified in Exhibit D, incorporated herein by this reference.

28. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

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[Signatures on Next Page]
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

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29. Authority to Execute. Those individuals who are signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the day and year shown below.

AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
City Clerk/Deputy City Clerk City Manager
Michelle Bigelow Christina J. Turner
Print Name Print Name
Date: Date:

APPROVED AS TO FORM: Biggs Cardosa Associates, Inc.

City Attorney By:

Donald A. Larkin
Print Name
Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or Vice
President
Date:

By:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
U:\Legal Forms\Consultant Agreements\City Services Agreement For Design Professionals.Docx DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1 6/19/2024
Mahvash Harms / Executive Vice President

REVISED SCOPE OF WORK 1
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans SCOPE OF WORK Revised June 11, 2024
Project Understanding:

The City of Morgan Hill (City) is requesting proposals from engineering firms to provide engineering and consulting services for the 30% design of a grade separation at E. Dunne Avenue, a grade separation at Tennant Avenue, and a pedestrian undercrossing at the Morgan Hill Caltrain Station (Station). These improvements would plan for additional future service and enhance the design for the San Jose to Merced California High Speed Rail (CHSR) Project, that was approved in 2022 by the California High Speed Rail Authority (CHSRA), while maintaining uninterrupted east-west access through the City’s most vital corridor.

The City of Morgan Hill is prioritizing the grade separations at E. Dunne Avenue and Tennant Avenue since they have the highest daily traffic. The Morgan Hill Caltrain Station pedestrian undercrossing is included because the current access to the Station is at grade via the east side of the tracks. The CHSR Project introduces new tracks that require the Caltrain Station Access to be grade separated and accessed in the middle of the tracks. To ensure the Caltrain Station meets the City’s needs, the station is also prioritized for design. These grade separations support future rail services and address the safety response and circulation concerns that result from the at-grade crossings identified within the CHSR Final EIR. As stated in the RFP, the City is seeking qualified consultant firms to advance these conceptual exhibits to the level needed for coordination with CHSRA and UPRR/Caltrain. Ultimately, the City would like to have 30% engineered design plans for all three crossings, and the City would like these preliminary design plans to become the basis for the incorporation of these additional improvements into CHSRA’s Alternative 4.

Types of Services:

Biggs Cardosa Associates (Biggs Cardosa) will provide all the project management and structural engineering services for this project. We have also included subconsultants which will allow our team to provide the following services as required to deliver this project:
• Project Management
• Structural Engineering
• Civil Engineering
• Rail Engineering
• Architectural Design / Urban Planning
• Surveying
• Preliminary Right-of-way Evaluation
• Preliminary Utilities Evaluation
• Geotechnical Engineering
• Traffic Engineering
• Environmental Consultation
The Biggs Cardosa Team understands that the design of the CHSR project that was approved in 2022 by the CHSRA calls for at-grade crossings through the City, except for the pedestrian undercrossing at the station. The City is seeking to engage CHSRA regarding the at-grade crossings, and is requesting inclusion of grade separations at E. Dunne Avenue and Tennant Avenue. The City is also seeking refinements to the conceptual plans that CHSRA has produced for the Caltrain station pedestrian undercrossing, which do not sufficiently address the City’s needs for the station, and leave several design requirements unsatisfied.

In its response letter for the EIR, the City developed conceptual refinements for the Caltrain station and the pedestrian undercrossing, which improve the experience of pedestrians and bicyclists, as well as preserving available parking to the maximum extent possible. The City also developed conceptual grade separation exhibits for E. Dunne Avenue, Tennant Avenue, and Tilton Avenue. Based on the City’s RFP, we understand that the City of Morgan Hill is not pursuing the grade separation at Tilton Avenue at this time.

EXHIBIT A
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 2
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Scope of Work Summary:

The Biggs Cardosa Team proposes a scope of work that involves the following stages (see below). Further information is provided in the detailed Scope of Work beginning on page 3 of this document. • PHASE 1:

Conceptual Design for E. Dunne Avenue Grade Separation and Caltrain Station PUC:
 Data Collection, Site Visits and Preliminary Investigations  Aerial Topography, Supplemental Field Surveys and Base Mapping  Preliminary Right of Way Mapping and Impacts Evaluation  Preliminary Utility Impacts Evaluation
 CEQA and NEPA Consultation and Environmental Memoranda  Preliminary Geotechnical and Hazardous Materials Evaluation  Traffic Engineering Support
 Develop one (1) draft conceptual alternative for the grade separation at East Dunne Avenue  Develop two (2) draft conceptual alternatives for the pedestrian undercrossing at the Caltrain Station  Refine and advance conceptual alternatives based on City and HSR preferences  Develop architectural 3D and plan and section exhibits for refined conceptual alternatives  Support the City during stakeholder engagement
• PHASE 2:

Conceptual Design for Tennant Avenue Grade Separation
 Data Collection, Site Visits and Preliminary Investigations  Aerial Topography, Supplemental Field Surveys and Base Mapping  Preliminary Right of Way Mapping and Impacts Evaluation  Preliminary Utility Impacts Evaluation
 CEQA and NEPA Consultation and Environmental Memoranda  Preliminary Geotechnical and Hazardous Materials Evaluation  Traffic Engineering Support
 Develop one (1) draft conceptual alternative for the grade separation at Tennant Avenue  Refine and advance conceptual alternative based on City and HSR preferences  Develop architectural 3D and plan and section exhibits for refined conceptual alternative  Support the City during stakeholder engagement
30% Design for E. Dunne Avenue Grade Separation and Caltrain Station PUC:
 Upon approval by the City, advance the conceptual designs to 30%  City to choose one design to develop for the pedestrian undercrossing at the Caltrain Station  30% Design Development services will include:
 Preliminary Rail Design Plans
 Preliminary Roadway Design Plans, to include:
 Typical Section
 Alignment and geometry information
 Affected intersections
 Affected access points
 Roadway improvements
 Proposed Striping
 Drainage (Plan only)
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 3
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans  Stormwater treatment/ green infrastructure
 Pedestrian and bicycle improvements
 New and existing utilities
 Preliminary Structure Design Plans (Advanced Planning Study Level General Plans)  Refinements to architectural exhibits as needed to coordinate with 30% plans The above work will also include meetings with the City, HSR, VTA and Caltrain as needed for design coordination.

OPTIONAL SERVICES:
 30% Design for the Tennant Avenue Grade Separation
 30% Design for Landscaping and Lighting Design for E. Dunne Ave., Tennant Ave., and the Caltrain Station PUC  Conceptual and 30% Opinion of Probable Construction Costs for the 3 Grade Separations A detailed scope of work for the PHASE 1 and PHASE 2 Design noted above is provided below.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 4
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

SCOPE OF WORK
TASK 1: PROJECT MANAGEMENT: [Biggs Cardosa and Design Team (meetings)] PHASE 1: PROVIDE PROJECT MANAGEMENT TASKS FOR:

CONCEPTUAL DESIGN FOR E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC PHASE 2: PROVIDE PROJECT MANAGEMENT TASKS FOR:

CONCEPTUAL DESIGN FOR TENNANT AVENUE GRADE SEPARATION
30% DESIGN FOR E. DUNNE AVENUE AND CALTRAIN STATION PUC In general, project management will include the supervision and scheduling of project staff, review of work prepared by staff and subconsultants, project coordination, acting as the client liaison, monitoring the project schedule and budget, preparation of project reports and attendance at meetings with the City to receive input and discuss and review the project during its critical design periods. More specific responsibilities include:

Task 1.1 - Project Administration / Budgeting / Cost Accounting: Supervise, coordinate, and monitor design for conformance with Caltrans, UPRR, CHSRA and City standards and policies. Prepare monthly progress reports and invoices.

Assist the City in obtaining permission to enter private property for environmental and engineering studies, as needed.

Employ and monitor subconsultants.

Consultant will prepare budgets for each task for the project; budgets will be monitored and will be used as a basis for cost monitoring and control.

Consultant will prepare monthly reports of expenditures for the project by task. Expenditure reports will serve as the basis for the Consultant’s monthly invoices. Consultant will also provide a summary of work completed that month and work anticipated the following month.

Task 1.2 - Coordination Meetings: To facilitate comprehensive input from the City and project stakeholders, the Consultant's Project Manager and selected Team Members will attend Project Development Team (PDT) coordination meetings with City staff members and other appropriate agency representatives at critical design junctures and key submittal milestones. These PDT meetings will include a project kickoff meeting, a conceptual design review meeting, and a 30% design review meeting with the City. Meetings will also include up to 8 check-in meetings with the City, HSR, Caltrain and VTA, as well as up to 4 in person meetings with the City Council, Planning Commission and the public. Agendas will be sent out to all participants prior to the meetings, and timely minutes will be produced and distributed after the meetings.

The purpose of the project kickoff meeting will be to review project intent, scope, approach, budget, schedule, regulatory items, City and other agency approval processes, and other administrative procedures with City staff. It will be important to have preliminary consensus with the City regarding project objectives, risks/opportunities, and priorities. The Design Team will meet with City staff to establish project expectations, review existing conditions, determine agency coordination, and review the preliminary schedule for the project.

Task 1.3 – Field Review Meetings: Consultant will attend up to two field visits at the three crossings with the City and Design Team, as needed during the design review process. It is assumed that each field visit would incorporate review of multiple crossing sites.

Task 1.4 - Project Schedule: Consultant will prepare and submit a Project Schedule in Microsoft Project to the City within 3 weeks of the project kickoff meeting. The schedule will indicate all tasks and project activities, deliverables, and will reflect necessary review time by affected agencies. Consultant will adjust and update the project schedule as necessary throughout the duration of the project.

Task 1.5 - General Project QA/QC: Consultant will perform quality assurance and quality control during the course of the design and submittals.

Task 1 Deliverables – PHASE 1 and PHASE 2:
 Invoices and Progress Reports
 PDT Meeting Agendas and Minutes
 Project Design Schedule and Updates
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3. Project Understanding, Approach & Scope of Work 5
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans TASK 2: DATA COLLECTION: [Design Team]
PHASE 1: PROVIDE DATA COLLECTION TASKS FOR:

CONCEPTUAL DESIGN FOR E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC PHASE 2: PROVIDE DATA COLLECTION TASKS FOR:

CONCEPTUAL DESIGN FOR TENNANT AVENUE GRADE SEPARATION
Task 2.1 – Data Collection and Review
Consultant will obtain and review relevant project information for the project limits and identify available and required documents. Consultant will review and assess any project material available from the City, including as-builts, base mapping, utility drawings, right-of-way record information, and geotechnical information. Additionally, the Design Team will review the updated Final California High Speed Rail Authority (CHSRA) San Jose to Merced Project Section EIR/EIS and communicate to the City relevant changes. As-builts, base mapping, right of way and utility information will be used to provide further detail and supplement base sheets and serve to document the need, purpose, constraints, and opportunities associated with the Project.

Task 2.2 - Site Investigation
Consultant will perform an initial reconnaissance-level investigation of the undercrossing sites at E. Dunne, Tennant and the Caltrain Station, to evaluate existing conditions, physical limitations and opportunities at the existing sites, to visualize and discuss specific access, circulation, traffic, bicycle and pedestrian circulation safety, utilities, groundwater levels and other pertinent coordination issues. In this manner notable features can be highlighted, and information obtained via data collection can be verified in the field for accuracy.

Existing utilities will be verified in conjunction with obtaining record utility/block maps from the City and utility companies under Task 2.1. This existing information includes railroad and roadway right of way, as-built mapping, utility maps and existing traffic information within the area. As the collected data is reviewed, information will be incorporated, as needed, to support other project tasks.

At the request of the City, Consultant can provide a separate scope and fee for utility potholing.

Key Assumption:
 If encroachment permits are required by the City to allow for site investigations and studies to be performed, it is assumed that the cost of the permits will be waived.  Utility potholing is not included in this scope.

Task 2.3 – Aerial Topo and Supplemental Ground Survey:

Consultant will obtain aerial topographic survey for the Project limits for each grade separation location. The aerial topo will be used as base mapping to develop drawings and will provide existing information such as lane configurations, curb lines, buildings, poles and above ground facilities. Field surveyors will provide control points for the aerial photogrammetry.

Surveyors will perform supplemental field surveying to locate key existing site improvements within the project limits, as needed along E. Dunne Avenue and at E. Dunne intersections.

Surveyors will perform supplemental field surveying to locate key existing site improvements within the project limits as needed along Tennant Avenue and at Tennant Avenue intersections.

Task 2.4 – Right of Way Mapping from Record Information Consultant will provide right of way mapping from record information for the grade separations at E. Dunne and Tennant, and the Caltrain station pedestrian undercrossing. This added level of detail will be used to establish right of way impacts, particularly along the depressed grade separations and at intersections where the City’s right of way may be constrained. It is essential to identify additional right of way for the City’s ultimate roadway section for the grade separations and the pedestrian undercrossing.

Task 2 Deliverables – PHASE 1:
 Utility Block Maps for E. Dunne Avenue and the Caltrain Station PUC (PDF)  Utility Base Mapping for E. Dunne Avenue and the Caltrain Station PUC (CAD)  Aerial Topo Base for E. Dunne Avenue and the Caltrain Station PUC (CAD)  Right of Way Mapping for E. Dunne Avenue and the Caltrain Station PUC (CAD) DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 6
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Task 2 Deliverables – PHASE 2:
 Utility Block Maps for Tennant Avenue (PDF)
 Utility Base Mapping for Tennant Avenue (CAD)
 Aerial Topo Base for Tennant Avenue (CAD)
 Right of Way Mapping for Tennant Avenue (CAD)
TASK 3: CEQA AND NEPA CONSULTATION AND CLEARANCE: [DJPA] PHASE 1: PROVIDE ENVIRONMENTAL CONSULTATION AND CLEARANCE FOR:

E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC PHASE 2: PROVIDE ENVIRONMENTAL CONSULTATION AND CLEARANCE FOR:

TENNANT AVENUE GRADE SEPARATION
E. Dunne Avenue and Tennant Avenue Grade Separations
Environmental input and consultation will be provided for issues associated with the undercrossing design concepts to be developed for the grade separations at E. Dunne and Tennant Avenues. Approval of the grade separations are assumed to be exempt from both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA).

On behalf of the City, Consultant will prepare and file a CEQA Notice of Exemption with the Santa Clara County ClerkRecorder. Consultant will also complete forms and documentation required by the Federal Railroad Administration (FRA) for approval of a Categorical Exclusion under NEPA.

Caltrain Station Pedestrian Undercrossing
As a baseline, Consultant will research the design of the proposed modifications to the Morgan Hill Caltrain Station that are described in the approved CHSR EIS/EIR. Changes to that design now being contemplated by the City will be reviewed and the environmental effects of those changes will be described in an Addendum to the CHSR EIS/EIR to be prepared as part of this task.

Task 3 Deliverables – PHASE 1:
 Notice of Exemption Memorandum for E. Dunne Avenue (PDF)  CHSR EIS/EIR Addendum for Caltrain Station PUC
Task 3 Deliverables – Phase 2:
 Notice of Exemption Memorandum for Tennant Avenue (PDF) TASK 4: GEOTECHNICAL CONSULTATION: [Parikh]
PHASE 1: PROVIDE GEOTECHNICAL CONSULTATION FOR:

CONCEPTUAL DESIGN FOR E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC PHASE 2: PROVIDE GEOTECHNICAL CONSULTATION FOR:

CONCEPTUAL DESIGN FOR TENNANT AVENUE GRADE SEPARATION
30% DESIGN FOR E. DUNNE AVENUE AND CALTRAIN STATION PUC Geotechnical input and consultation will be provided for the development of the E. Dunne, Tennant and Caltrain station undercrossing designs, based on available geotechnical data and previous geotechnical investigations performed for the Caltrain Double-Tracking project for the Coyote and Morgan Hill Extension, as well as previous investigations performed at E. Dunne Avenue OC at Route 101.

The subsoils in the area generally consist of stiff to hard low-plasticity clays at shallow depth, overlying primarily mediumdense to dense clayey sand/silty sand with gravel. Groundwater levels are an important consideration for the design of undercrossings, and although groundwater levels vary over time, the available data indicates that the highest groundwater level could possibly be above or very close to the planned depressed grades, which will impact both design and construction.

Recommendations on foundation support for undercrossing structures and the Caltrain station pedestrian tunnel will be provided, as well as for the retaining wall type, and groundwater and construction dewatering issues. Recommendations will be based on qualitative review of the available geotechnical data.

As part of the geotechnical review, available borings and hazardous materials information will be reviewed to evaluate whether existing hazardous materials may have an impact on the project.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 7
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Key Assumption:
 No geotechnical borings or engineering analysis is included in the scope but may be provided as an additional service upon City request.
 Hazardous materials borings and/or testing are not included.

Task 4 Deliverables – PHASE 1:
 Preliminary Geotechnical Memo for E. Dunne Avenue and the Caltrain Station PUC (PDF) Task 4 Deliverables – PHASE 2:
 Preliminary Geotechnical Memo for Tennant Avenue (PDF) TASK 5: TRAFFIC ENGINEERING SUPPORT: [Hexagon]
PHASE 1: PROVIDE TRAFFIC ENGINEERING SUPPORT FOR:

CONCEPTUAL DESIGN FOR E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC PHASE 2: PROVIDE TRAFFIC ENGINEERING SUPPORT FOR:

CONCEPTUAL DESIGN FOR TENNANT AVENUE GRADE SEPARATION
30% DESIGN FOR E. DUNNE AVENUE AND CALTRAIN STATION PUC Traffic engineering support will be provided to the design team for the proposed improvements at E. Dunne Avenue, Tennant Avenue and the Caltrain Station.

Support will include answering questions and providing recommendations based on available traffic information, reports, and analyses with respect to intersection and roadway lane configurations and intersection geometrics. This task will also include identifying the potential effects of construction on the transportation network, such as vehicular circulation, parking, pedestrians, bicycles, and existing transit services. Available traffic data will be utilized to provide recommendations for construction, such as limitations on work hours and limitations on allowable lane closures and/or road closures.

The project site plan for the Caltrain station work will also be reviewed to determine the overall adequacy of the site access and on-site circulation in accordance with generally accepted traffic engineering standards and to identify any access or circulation issues that should be improved.

TASK 6: CONCEPTUAL DESIGN: [Design Team]
Consultant will conduct an initial assessment of the grade separation locations as noted below, and develop one (1) conceptual alternative for each location, for City review. Consultant will also conduct an initial assessment of the Caltrain station pedestrian undercrossing and develop two (2) conceptual alternatives for City review. Concept alternatives will consider temporary shoofly track requirements, roadway alignment and geometry options, affected intersections and access points, urban design and pedestrian and bicycle access and user experience, ADA requirements, roadway approaches to the bridge, roadway improvements, drainage, stormwater treatment, new and existing utilities, lighting, landscaping, bridge and retaining wall structure types, and environmental issues.

PHASE 1: PROVIDE CONCEPTUAL DESIGN FOR:

E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC • E. Dunne Avenue Grade Separation
E. Dunne Avenue is a primary connection from the freeway and surrounding road network to Downtown Morgan Hill, and an integral part of the City’s proposed Bikeway, Trails, Parks and Recreation System. The grade separated undercrossing will minimize disruption to vehicular, pedestrian and bicycle flow. The undercrossing will be evaluated with the following design alternatives/ characteristics:
 One conceptual alternative will be provided for the for the grade separation.  Keep tracks at Main Street at grade.
 Slight elevation of the railroad tracks south of Main Street to East Dunne, with tracks coming back down to grade by San Pedro Avenue.
 Minimization of bridge structure depth to reduce required depth of roadway.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 8
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans  Reduction of grade separation impacts to properties along East Dunne and ensuring intersection access is still viable at the East Dunne and Church Street intersection and the Butterfield Boulevard and East Dunne intersection.  Identify whether Butterfield Boulevard, Church Street, and the Community and Cultural Center (CCC) parking lot entrance off East Dunne will need to be depressed slightly to continue through vehicular access.  Depression amount will be identified in feet and percentage slope.  Evaluation of impacts to traffic, intersections and traffic signal facilities, as well as the realignment of Depot Street with Church Street.
 Consideration of separated pedestrian access and bicycle lanes, to meet ADA requirements and provide additional safety/separation from vehicular traffic and minimization of disruptions to pedestrian and bicycle flow.

Sketches that lay out and define the major roadway features, structural elements, track alignment and architectural/urban planning features will be provided for review and discussion of the conceptual design with the City.

One rendering/3D exhibit is planned for the E. Dunne Avenue undercrossing and will be developed upon completion of concept discussions with the City. An exhibit style plan and section will also be developed, and precedent images showing proposed or similar features will be included as applicable.

The Consultant will work with the City in establishing the design alternatives/features that will be advanced to 30% design.

Stormwater Treatment: Consultant will prepare preliminary stormwater treatment calculations to identify the stormwater treatment area required for the E. Dunne Avenue grade separation and work with the City to identify a location(s) for Low Impact Development (LID) treatment in the form of bioretention areas. • Caltrain Station Pedestrian Undercrossing
The Caltrain Station is a critical alternative transportation connection located at the core of the City and is within walking distance of the nearby downtown area, which hosts restaurants and bars, parks, and civic services. The pedestrian undercrossing will be evaluated with the following design alternatives/ characteristics:
 Two conceptual alignment options will be provided for the access ramps and tunnel.  The location of the undercrossing will be considered with the planning and design of the pedestrian paths, access way, pick-up/drop-off, parking, and potential for future development on the adjacent properties.

Emphasis will be placed on creating a welcoming, generously landscaped, safe and well-lit connection between the two sides of the station.
 The degree to which the design of the ramps can be compacted will be explored, in order to allow for future flexibility in the use of the public properties adjacent to the station.  The tunnel will be a minimum of 20-feet wide and 10-feet tall, and its length beneath the tracks will be minimized. Ramps will be a minimum of 16-feet wide. A staircase will be provided at each end of the tunnel.

The location for an elevator to serve the underpass and the central portion of the station platform will be explored.
 Use of natural light will be maximized and enhanced with additional lighting to improve user experience and enhance safety.
 Integration of landscape features, art, sculpture and wayfinding signage, as well as inclusion of typical station infrastructure such as telecommunications, seating, and charging stations will also be considered.

Sketches that lay out the geometric alternatives for the undercrossing and define the major features, structural elements, track alignment and architectural/urban design features will be provided for review and discussion of the conceptual alternatives with the City. An initial cursory assessment of impacts and feasibility will be conducted for each alternative.

Given the site constraints at this location, the Consultant will work with the City in establishing the design alternatives/features that will be refined to a final concept for the undercrossing.

Two renderings/3D exhibits are planned for the Caltrain station undercrossing. 3D sketches or precedent images showing proposed or similar landscape/art/lighting features for the station will also be provided.

Stormwater Treatment: Consultant will prepare preliminary stormwater treatment calculations to identify the stormwater treatment area required for the Caltrain Station PUC and work with the City to identify a location(s) for Low Impact Development (LID) treatment in the form of bioretention areas.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 9
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Key Assumption:
 The City will select one alternative for the Caltrain Station PUC, to be advanced to 30% Design.

Task 6 Deliverables – PHASE 1:
 Stormwater Treatment Calculations for E. Dunne Avenue and the Caltrain Station PUC (PDF)  Draft Concept Alternative Sketches for E. Dunne Avenue and the Caltrain Station PUC (PDF)  Pro and Cons Matrix for Evaluation of Alternatives for the Caltrain Station PUC (PDF) PHASE 2: PROVIDE CONCEPTUAL DESIGN FOR:

TENNANT AVENUE GRADE SEPARATION
• Tennant Avenue Grade Separation
Tennant Avenue is a primary connection from the freeway and surrounding road network to the commercial and residential areas south of Downtown Morgan Hill. The grade separated undercrossing will minimize disruption to vehicular, pedestrian and bicycle flow. The undercrossing will be evaluated with the following design alternatives/ characteristics:
 One conceptual alternative will be provided for the for the grade separation.  Rerouting Railroad Avenue vs depressing Railroad Avenue, with clarification of impacts  Minimization of bridge structure depth to reduce required depth of roadway and minimize impacts.  Verification of connection to Vineyard Boulevard.
 Evaluation of impacts to traffic, intersections and traffic signal facilities, including the potential realignment or lowering of Railroad Avenue.
 Consideration of separated pedestrian access and bicycle lanes, to meet ADA requirements and provide additional safety/separation from vehicular traffic.
 Options will also be explored for creating a public pedestrian path at grade to preserve existing building access to the homes along the north face of the Larkspur Loop block.

Sketches that lay out and define the major roadway features, structural elements, track alignment and architectural/urban planning features will be provided for review and discussion of the conceptual design with the City.

One rendering/3D exhibit is planned for the Tennant Avenue undercrossing and will be developed upon completion of concept discussions with the City. An exhibit style plan and section will also be developed, and precedent images showing proposed or similar features will be included as applicable.

If the optional scope for 30% Design of the Tennant Avenue undercrossing is authorized, the Consultant will work with the City in establishing the design alternatives/features that will be advanced to 30% design.

Stormwater Treatment: Consultant will prepare preliminary stormwater treatment calculations to identify the stormwater treatment area required for the Tennant Avenue grade separation and work with the City to identify a location(s) for Low Impact Development (LID) treatment in the form of bioretention areas.

Task 6 Deliverables – PHASE 2:
 Stormwater Treatment Calculations for Tennant Avenue (PDF)  Draft Concept Alternative Sketches for Tennant Avenue (PDF) TASK 7: DESIGN DEVELOPMENT - 30% DESIGN: [Design Team]
PHASE 2: PROVIDE 30% DESIGN FOR:

E. DUNNE AVENUE GRADE SEPARATION AND CALTRAIN STATION PUC 30% Plans
After the City has identified and vetted the alternatives from the Conceptual Design Task, Consultant will develop the 30% Design for the E. Dunne Avenue and Caltrain station undercrossings, to include the following:

Cover Sheet: A cover sheet will be prepared for the project using City standard title block.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 10
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans General Civil Notes: General civil notes will include standard City construction notes, project notes, erosion and sediment control notes, and applicable utility notes.

Project Control and Key Map: The horizontal control, vertical control and key map drawing will contain the alignment information for the project, cut sheets, right of way information, found monument information, street names and basis of bearing with applicable survey notes.

Typical Cross Sections: Typical cross sections will be developed for the proposed grade separation improvements outlining the limits of proposed curb and gutter, and width of proposed improvements including sidewalks, bike lanes, and vehicle lanes.

Demolition / Existing Conditions Plan: The Demolition Plan will identify work to be removed or demolished within the project limits, including demolition of existing curb and gutter, sidewalk, driveway, curb ramps and other existing items in conflict with the proposed improvements. Protection of existing facilities will also be identified on this plan.

Roadway Layout Plans: Layout plans will be prepared showing the limits and scope of proposed improvements. Plan sheets will include basic horizontal information and identify all major construction features including areas of reconstruction for the grade separations and limits of conform. The plan will also identify the location of new curb ramps and intersection improvements with respect to new or relocated facilities. Right of way lines will also be shown on this plan.

Roadway Profile: The roadway profile will be prepared to show existing grades and the vertical alignment of the roadway and separate pedestrian access. Profile will also show intersecting streets and driveways to be adjusted to grade and/or to remain.

Drainage Plan: A drainage plan will show modifications to the existing drainage system such as inlets to be relocated, modified or added as part of the proposed improvements. Manholes in conflict with proposed improvements will also be relocated, modified, or adjusted to grade.

Draft/preliminary underdrain plans will also be prepared as part of the drainage plans. However, not having a full geotechnical investigation, Consultant will use an assumed typical section for the roadway based on available geotechnical data and prior grade separation experience. Consultant will cite a potential location for the pump station, however, no design for the pump station will be provided at the 30% design level.

Utility Impacts Plan: Consultant will map all existing utilities within the project limits and identify potential conflicts with proposed improvements. Evaluation of locations for future lift stations will be included, as well as consideration of rerouting of sewer lines to eliminate the need for lift stations. Utility impacts and adjustments to grade will be shown on these plans. Any utility boxes, telecom manholes, water valves or sanitary sewer manholes in conflict with the work will be shown as impacted by the project or as adjusted to grade. Consultant will also work with the fire department to confirm location and access to existing fire hydrants.

Traffic Signal Modification Plan: Traffic signal modification plans will be prepared for the following intersections:
• E. Dunne/Church Street - Existing Signalized Intersection • E. Dunne/Butterfield Boulevard - Existing Signalized Intersection Site Plan and Cross Sections: A site plan will be developed for each undercrossing. Cross sections depicting key pedestrian, bicycle and public realm features will also be developed. Please note that 30% Landscape Plans have been detailed under “Optional Additional Scope” to be included if budget permits.

Bridge General Plan: A general plan will be developed for the undercrossings and will include retaining walls.

Rail/Shoofly Plans: Temporary track/shoofly plans will be developed for the undercrossings.

Updated Architectural Renderings
Architectural renderings and exhibits developed during Conceptual Design will be refined as needed to incorporate any notable updates from the 30% design process.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 11
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans 30% Design Review
As part of the 30% design process and plan development, the Consultant will perform a conceptual design review of the proposed alignment, approach roadways, intersections, bridge types, retaining wall types and impacts to local features by experienced senior staff, to verify constructability and cost effectiveness.

Task 7 Deliverables – PHASE 2:
 30% Civil and Roadway Plans for E. Dunne Avenue and the Caltrain Station PUC (PDF)  Temporary track/shoofly plans for E. Dunne Avenue and the Caltrain Station PUC (PDF)  Structure Plans for E. Dunne Avenue and the Caltrain Station PUC (APS level) (PDF)  Updated Architectural Renderings and Exhibits for E. Dunne Avenue and the Caltrain Station PUC (PDF) Key Assumptions:
 At the start of the work, the project schedule will be discussed with the City, to confirm the project timeline and the required steps for coordination with HSR and other stakeholders.  The designs for the grade separations will assume that the railroad remains at (or near) its current elevation and that E. Dunne Avenue and Tennant Avenue will be depressed under the railroad.  It is assumed that meetings will be held online, except for the 4 meetings noted as in person under Task 1.2.  Grade separation designs will be based on work completed by BKF and Perkins & Will for the HSR PEPD 15% design.
 Hydraulic analysis is not included. High groundwater levels will be assumed for 30% design of the undercrossings.
 Geotechnical borings are not included.
 Hazardous materials borings, sampling and testing are not included.  A Bridge Type Selection Report is not included.
 Traffic studies are not included.
 Detailed traffic handling plans are not included
 Railroad coordination and the required documents are not included.  If encroachment permits are required by the City to allow for site investigations and studies to be performed, it is assumed that the cost of the permits will be waived.  PHASE 1 and PHASE 2 scope are separate phases that will be funded by two separate funding sources. PHASE 2 scope will be provided upon authorization of PHASE 2 funding.  Landscape Plans have been detailed under “Optional Additional Scope”, to be included if budget permits.  30% Design for the Tennant Avenue Undercrossing has been detailed under “Optional Additional Scope”, to be included if budget permits.
 Opinion of Probable Construction Costs (Estimate) for the Concept Design and 30% Design at each undercrossing have been detailed under “Optional Additional Scope”, to be included if budget permits.  The BCA team has prepared the above scope of work and fee proposal based on our understanding of the City’s needs for this preliminary engineering effort.

PHASE 2 OPTIONAL ADDITIONAL SCOPE
30% Design to Include Landscape Drawings [Perkins & Will] This task would be to prepare landscape plans for the 30% Design Package. The goal would be to illustrate human comfort, safety and the richness of experience desired for the pedestrian and bicyclists along the E. Dunne, Tenant, and Caltrain Undercrossings. The task would document landscaping (planting design), lighting, irrigation, and improvements to promote community ownership, placemaking, and health and safety.

Irrigation and lighting consultants would need to be engaged and brought on board if this optional task is approved. This effort would be done in conjunction with Civil and Structural consultants to ensure a wholistic 30% Design Package and a more true cost estimate.

DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 12
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Deliverables:
 30% Landscape Plans (PDF)
30% Design for the Tennant Avenue Undercrossing [Design Team] This task would be for development of the 30% Design for the Tennant Avenue undercrossing. Work involved and deliverables would be similar to those provided for the E. Dunne Avenue undercrossing under Task 7.

Deliverables:
 30% Civil and Roadway Plans for Tennant Avenue Undercrossing (PDF)  Temporary track/shoofly plans for Tennant Avenue Undercrossing (PDF)  Structure Plans for Tennant Avenue Undercrossing (APS level) (PDF)  Updated Architectural Renderings and Exhibits for Tennant Avenue Undercrossing (PDF) Conceptual Level and 30% Level Opinion of Probable Construction Costs [Design Team] An opinion of probable construction costs will be provided for each undercrossing at the Conceptual Design stage and at the 30% design stage. Estimates of unit costs will be based on current Caltrans construction cost data, as well as current bid data for similar projects in the area, if available. It should be noted that the Consultant cannot guarantee the actual cost of work to be performed by others due to issues like market and bidding conditions at the time of project advertisement, contractor means and methods, profit margins, etc. which may affect the project costs.

Deliverables:
 Conceptual Design Level Opinion of Probable Construction Costs for E. Dunne Avenue, Tennant Avenue and Caltrain Station Undercrossings (PDF)
 30% Design Level Opinion of Probable Construction Costs for E. Dunne Avenue, Tennant Avenue and Caltrain Station Undercrossings (PDF)
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
PHASE 1 AND PHASE 2
PHASE 1: MORGAN HILL GRADE SEPARATIONS PROJECT
Engineering and Design services summary – Phase 1
TASK E.

Dunne
Ave
Tennant Ave. CalTrain
Station
PUC
Total
TASK 1: Project Management – Phase 1 $69,646 $50,000 $119,646 Task 1 Deliverables – Phase 1
 Invoices and Progress Reports
 PDT Meeting Agendas and Minutes
 Project Design Schedule and Updates
$20,897 $17,132 $38,209
TASK 2: Data Collection (Fee included in Task 6)
Task 2 Deliverables – Phase 1
 Utility Block Maps for E. Dunne and
Caltrain Station PUC (PDF)
 Utility Base Mapping for E. Dunne and
Caltrain Station PUC (CAD)
 Aerial Topo Base for E. Dunne and
Caltrain Station PUC (CAD)
 Right of Way Mapping for E. Dunne and
Caltrain Station PUC (CAD)
TASK 3: CEQA and NEPA Consultation and
Clearance
Task 3 Deliverables – Phase 1
 Notice of Exemption Memorandum for E.

Dunne (PDF)
 CHSR EIS/EIR addendum or exemption
for Caltrain Station PUC (PDF)
$6,881 $9,295 $16,176
TASK 4: Geotechnical Consultation
Task 4 Deliverables – Phase 1
 Preliminary Geotechnical Memorandum
for E. Dunne and Caltrain Station PUC
(PDF)
$26,939 $20,626 $47,566
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

EXHIBIT B
TASK 5: Traffic Engineering Support $15,124 $11,761 $26,885 TASK 6: Conceptual Design
Task 6 Deliverables – Phase 1
 Stormwater Treatment Calculations for
E. Dunne and Caltrain Station PUC (PDF)
 Draft Concept Alternative Sketches for
E. Dunne and Caltrain Station PUC (PDF)
 Pro and Cons Matrix for Evaluation of
Alternatives for the Caltrain Station PUC
(PDF)
$269,931 $280,880 $550,811
 RailPro Track Design $51,473 $49,414 $100,887
TOTAL $460,891 $439,109 $900,000
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

EXHIBIT B
PHASE 2: MORGAN HILL GRADE SEPARATIONS PROJECT
Engineering and Design services summary – Phase 2
TASK E.

Dunne
Ave
Tennant Ave. CalTrain
Station
PUC
Total
TASK 1: Project Management – Phase 2 $42,688 $82,275 $19,304 $143,997 Task 1 Deliverables – Phase 2
 Invoices and Progress Reports
 PDT Meeting Agendas and Minutes
 Project Design Schedule and Updates
 Reimb. and Direct Costs
$18,441 $18,441
TASK 2: Data Collection (Fee included in Task 6)
Task 2 Deliverables – Phase 2
 Utility Block Maps for Tennant Ave. (PDF)
 Utility Base Mapping Tennant Ave. (CAD)
 Aerial Topo Base for Tennant Ave.(CAD)
 Right of Way Mapping for Tennant Ave
(CAD)
TASK 3: CEQA and NEPA Consultation and
Clearance
Task 3 Deliverables – Phase 2
 Notice of Exemption Memorandum for
Tennant Ave. (PDF)
$6,881 $6,881
TASK 4: Geotechnical Consultation
Task 4 Deliverables – Phase 2
 Preliminary Geotechnical Memorandum
for Tennant Ave (PDF)
$26,939 $26,939
TASK 5: Traffic Engineering Support $13,637 $13,637
TASK 6: Conceptual Design
Task 6 Deliverables – Phase 2
 Stormwater Treatment Calculations for
Tennant Ave (PDF)
 Draft Concept Alternative Sketches for
Tennant Ave (PDF)
$253,571 $253,571
 RailPro Track Design $79,756 $79,756
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

EXHIBIT B
TASK 7: Design Development – 30% Design
(Does not include landscaping)
Deliverables – Phase 2
 30% Civil and Roadway Plans for E.

Dunne Avenue and Caltrain Station PUC
(PDF)
 Temporary track/shoofly plans for E.

Dunne Avenue and Caltrain Station PUC
(PDF)
 Structure Plans for E. Dunne Avenue and
Caltrain Station PUC APS Level (PDF)
 Updated Architectural Renderings and
Exhibits for E. Dunne Avenue and the
Caltrain Station PUC (PDF)
$181,638 $126,272 $307,910
 RailPro Track Design $28,283 $20,585 $48,868
TOTAL $252,609 $481,500 $165,891 $900,000
Optional Items for Phase 1 or Phase 2
E. Dunne Ave and Caltrain Station PUC
conceptual Design Cost Estimates
$90,000
Landscaping $197,200
Task 7: 30% Design for Tennant Ave + PM $186,500
Conceptual Design cost Estimate for Tennant
Ave + 30% Design Cost Estimate for all 3
crossings
$120,000
DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

3. Project Understanding, Approach & Scope of Work 13
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Project Schedule of Performance

TASK DURATION TIME ELAPSED
PHASE 1
Conceptual Design for E. Dunne Avenue Grade Separation and Caltrain Station PUC

1. Kickoff Meeting with City 1 day

2. Kickoff Meeting with City and HSR – Grade Separation Design Criteria 1 day

3. Kickoff Meeting with City, HSR, VTA, Caltrain – PUC Design Criteria 1 day

4. Data Collection, Site Investigations, Surveying, Utilities, Right of Way, Preliminary Geotechnical and Hazardous Materials Evaluation, Traffic Engineering 8 weeks 8 weeks

5. Field Review Meeting with City (Both Sites) 1 day

6. Develop Conceptual Designs 25 weeks 33 weeks

7. City Review of Conceptual Designs 2 weeks

8. Update Conceptual Designs per City Comments 3 weeks 40 weeks

9. Develop CEQA and NEPA Memoranda 6 weeks

10. Meet with City and HSR to Review Grade Sep. Conceptual Design 1 day

11. Meet with City, HSR, VTA, Caltrain to Review PUC Conceptual Design 1 day

12. Finalize Conceptual Designs per City and Other Stakeholder Comments 2 weeks

13. Develop 3D Exhibits for Approved Conceptual Designs 4 weeks

14. Meet with Planning Commission, City Council – Conceptual Designs 1 day 46 weeks PHASE 2
Conceptual Design for Tennant Ave GS and 30% Design for E. Dunne Ave GS & Caltrain Station PUC Tennant Avenue Conceptual Design

1. Data Collection, Site Investigations, Surveying, Utilities, Right of Way, Preliminary Geotechnical and Hazardous Materials Evaluation, Traffic Engineering 4 weeks

2. Field Review Meeting with City (Tennant Avenue Site) 1 day

3. Develop Conceptual Design 12 weeks

4. City Review of Conceptual Design 2 weeks

5. Update Conceptual Design per City Comments 2 weeks

6. Develop CEQA and NEPA Memorandum 3 weeks

7. Meet with City and HSR to Review Grade Sep. Conceptual Design 1 day

8. Finalize Conceptual Design per City and Other Stakeholder Comments 2 weeks

9. Develop 3D Exhibits for Approved Conceptual Design 2 weeks

10. Meet with Planning Commission, City Council – Conceptual Design 1 day 30% Design for E Dunne Avenue and Caltrain Station PUC

11. Development of 30% Designs 25 weeks 75 weeks

12. City Review of 30% Designs 4 weeks

13. Update 30% Designs per City Comments 3 weeks 82 weeks

14. Meet with City and HSR to Review Grade Sep. 30% Designs 1 day

15. Meet with City, HSR, VTA, Caltrain to Review PUC 30% Design 1 day

16. Finalize 30% Designs per City and Other Stakeholder Comments 3 weeks

17. Update 3D and Other Exhibits per Approved 30% Designs 3 weeks

18. Meet with Planning Commission, City Council – 30% Designs 1 day

19. Meet with Public – 30% Designs 1 day *90 weeks
*Schedule is assuming Tennant conceptual design is concurrent with the 30% Design for Dunne and Station PUC. If not at same time, could take up to 110 weeks.

EXHIBIT C DocuSign Envelope ID: 3670BB3F-480E-4AB4-97F4-C9C6FC5426F1

FIRM QUALIFICATIONS
Tustin Ave / Rose Dr Railroad Grade Separation, Placentia / Anaheim, CA 1 1. Firm Qualifications

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Cover Letter
THE TEAM: Biggs Cardosa brings our Team’s extensive experience as well as the relationships we have established with key stakeholders including CHSR, Caltrain, and UPRR. Biggs Cardosa brings our expertise in leading dozens of complex grade separation projects throughout California. Biggs Cardosa has worked on two segments of High-Speed Rail project in California, and has a deep understanding of HSR’s goals, requirements, and constraints.

Biggs Cardosa will lead this project as the Prime Consultant and will provide project management, structural engineering and QA/QC services. Biggs Cardosa has worked on California High Speed Rail San Francisco to San Jose Segment and CP 2-3 (Fresno to Kern/Tulare Counties Segment). Biggs Cardosa is also a powerhouse grade separation firm. In our 36 years in business, we have delivered over 100 grade separation and rail-related projects throughout California. We have served as the Prime Consultant for numerous grade separation projects, including several in the Bay Area. Several of these projects have received industry awards.

We have included on our team BKF Engineers, Perkins& Will, David J Powers and Hexagon, who have been already working on this project and have provided concept alternatives included in the Draft EIR/EIS Technical/Engineering Review Support. BKF is our “sister” firm and we have worked on hundreds of projects with them. Our team also includes JMA for Railroad Engineering, PARIKH Consultants for Geotechnical Engineering.

The Biggs Cardosa Team is proficient at collaborative conceptual design, seamless project execution, and the timely production and delivery of contract documents. Our project team members have a history of working together on multi-disciplinary projects and have developed excellent working relationships. Our team members have extensive experience in complex grade separation projects in California, hazardous materials and environmental remediation, and have worked with Biggs Cardosa on transportation-related projects.

Exceptions Statement: We have no exceptions to this RFP.

Our team is capable of providing comprehensive, all-inclusive services for this project. We welcome this opportunity and hope that you will select Biggs Cardosa to deliver this critical project for the City of Morgan Hill.

Sincerely,
Biggs Cardosa Associates, Inc.

Mahvash Harms, PE, SE
Principal-in-Charge

PRIMARY PROPOSAL CONTACT
Mahvash Harms, PE, SE
Principal-in-Charge
Biggs Cardosa Associates, Inc.
865 The Alameda
San Jose, CA 95126
408.550.8528 direct
408.839.8878 cell
[email protected]

Wage Theft Prevention Bid Certification
(To be executed by Consultant and submitted with proposal) All Consultants are expected to have read and understand the “Wage Theft Prevention Policy” adopted on July 26, 2017, which can be found at http://www.morganhill.ca.gov/DocumentCenter/View/22921/CP-17-01-Wage-Theft-Prevention The undersigned Consultant hereby certifies that Consultant and its principals have ܆, have not տ been found by a final court judgement or final administrative action of an investigatory agency to have violated federal, State, or local wage and hour laws within the past five years from the date of the submitted bid or proposal. For each disclosed violation, the Consultant shall provide a copy of (i) the court order and judgment and/or final administrative decision; and (ii) documents demonstrating either that the order/judgment has been satisfied, or if the order/judgment has not been fully satisfied, a written and signed description of Consultant’s efforts to date to satisfy the order/judgment. The completed Certification shall be submitted by the Consultant to the City as a part of its bid or proposal. The City, at its sole discretion, may disqualify a Consultant based on one or more disclosed judgments consistent with the criteria set forth in the Policy.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that this certification is executed on _______________ [date], at __________________________________ [city], _________________ [state]. ________________________________________
Signature
________________________________________
Print Name and Title
________________________________________
Company

FIRM QUALIFICATIONS
1 1
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Biggs Cardosa is a California corporation established
in 1986 that specializes in the planning, design,
construction management and inspections of
bridges, transportation structures, and supporting
infrastructure facilities. Biggs Cardosa has focused its engineering practice on leading complex multi-disciplinary transportation projects, for which bridges are a central component and has grown into one of the largest bridgefocused engineering firms in California.

Biggs Cardosa manages all phases of transportation
projects for local agencies and Caltrans. We place special emphasis on grade separations and railroad bridges, and we have delivered more than 100 bridge projects over or under heavy rail lines. We have extensive experience with California High Speed Rail Authority (CAHSRA), Caltrain and Union Pacific Railroad (UPRR) and understand what it takes to get projects approved by the railroads.

Biggs Cardosa’s capabilities are well matched to the needs of the City. We have all the required technical resources, expertise and capabilities to efficiently deliver this project.

Key aspects of our qualifications include:
▪ Design of railroad grade separations (Overpass and
Underpass) throughout the State - from conception
through final design and construciton.
▪ Project Management of multidisciplinary teams on
complex transportation projects.
▪ Coordination with pertinent stakeholders including
High Speed Rail, Caltrain, UPRR, CPUC, and others.
▪ Street and Roadway Improvements, Intersection
Improvements, Bridge Overpasses/Underpasses,
Freeway Interchanges and Roundabouts.
▪ Pedestrian/bicycle access solutions improving access, connectivity and safety for pedestrian and bicyclists at railroad stations including UPRR, Caltrain and BART.
▪ Stations improvements and modificaitons
▪ Schedule-driven projects with significant right of way and utility coordination elements.
▪ Technical visualizations and rendering ability.
▪ Previous successful partnering with the City of
Morgan Hill.

Grade Separation Projects in
California
Heavy Rail
Bridge Projects
Signature Pedestrian/Bicycle
Facilities in California
Grade Separation projects
with industry awards
50+ >100
9 >20
36 years of bridge
design experience
employees in
6 California offices
112
>11k
projects delivered
since 1986
registered Civil and
Structural engineers
58 Bradley Moody Memorial Underpass, Richmond
Biggs Cardosa Qualifications Summary

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 2

GRADE SEPARATION EXPERIENCE
Biggs Cardosa’s experience includes over 50 grade separation projects in Cafifornia, including over 20 with UPRR. Our projects have received multiple ACEC, APWA, CMAA, ASCE and CTF awards. Biggs Cardosa has worked with HSR, UPRR, Metrolink/SCRRA, BNSF, Amtrak, Caltrain, RPRC, PCJPB, and BART. The map below summarizes and illustrates this experience.

BIGGS CARDOSA

GRADE SEPARATION

EXPERIENCE

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 3

EXPERIENCE WITH THE CITY OF MORGAN HILL & OTHER PUBLIC AGENCIES Biggs Cardosa has been working with the City of Morgan hill for over 25 years, and has completed nearly 30 projects for the City. In 2021 we performed structural assessment of Monterey Road (old highway 101) UPRR Underpass upon the request of the City to address a public concern of the visibly deteriorating condition of this bridge. The project consisted of a site structural assessment inspection and a report summarizing the findings of the assessment. Per the last available Caltrans Bridge Inspection Report dated October 3, 2001, the Union Pacific Rail Road (UPRR) is responsible for maintenance and inspection of superstructure of the bridge and the City of Morgan Hill is responsible for maintenance and inspection of the substructure, including abutments, footings, and retaining walls since Monterey Road was no longer part of the State highway system with the realignment of US 101.

During our 36 years in business, Biggs Cardosa has provided professional design, consulting and construction management services to over 100 California Public Agencies including 24 counties, 60 cities and over 20 other agencies (towns, redevelopment agencies, water districts, and transportation agencies). In addition to the City of Morgan Hill, Biggs Cardosa has worked with the City of Gilroy, City of San Jose, City of Sunnyvale, City of Watsonville, Santa Clara Valley Transportation Authority (VTA), Santa Clara County, Monterey County, San Benito County, as well as and Caltrans Districts 1, 3, 4, 5, 6, 7, 8, 10 and 12.

Biggs Cardosa has assisted numerous cities across California with designing and constructing Capital Improvement Projects (CIP) and Public Works (PW) projects. Having an accurate picture of anticipated expenditures over the next five years is critical to allocating funds appropriately. Our resource-loaded schedule provides a month-to-month prediction of planned expenditures and, along with helping the City plan for design expenditures, allows us to track and demonstrate adherence to our approved budget. Extensive local experience and experience with pedestrian undercrossings allows us to correctly estimate construction costs at the start of the project. Our in-house Construction Management group can provide input on the construction schedule so that dollars can be allocated to the appropriate fiscal years.

Coupled with design/construction budgets, our knowledge and experience with various city procedures will help streamline the project. We constantly work with City Staff to make presentations to City Council, Commissions, and we have hosted and participated in Study Sessions that drive crucial project decisions. The Design Services Agreement and Construction & Maintenance Agreement will likely require the review/approval of the City Attorney and City Council. Biggs Cardosa has executed these types of agreements with railroads operating in California, and we can help the City expedite the review/ approval process.

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 4

CPUC COORDINATION
The California Public Utilities Commission’s Rail Crossing Engineering Section ensures that all rail crossings are designed, constructed, and properly maintained to ensure public safety. Biggs Cardosa has worked on numerous projects that require CPUC coordination and approvals including South Bayfront Pedestrian Bridge over UPRR in Emeryville, Santa Clara Caltrain Station Pedestrian Undercrossing Extension, and numerous grade separation projects throughout the State. 3-D VISUALIZATIONS &

RENDERING CAPABILITIES
Biggs Cardosa has successfully used 3-D visualization
on a variety of projects to communicate the project’s
features to key stakeholders. Our visualizations
are delivered using methods ranging from
photosimulations and technical illustrations. These
graphics have been extremely beneficial for design
coordination meetings, public outreach meetings,
and City Council presentations. Unlike traditional
2-D graphics, 3-D graphics allow the project to be
visualized in a real-world setting, and improve the
public’s comprehension of the project.

Our visualizations are more than just pretty pictures.

We are able to create the 3-D visualizations inhouse and are therefore developed by practicing engineers, instead of artists. The result is a physically accurate 3-D model which can be used for conflict
mitigation (e.g. addressing potential conflicts
between structures and utilities) and constructability
review, among other uses. By using accurate 3-D
models, we are able to detect and address issues
during design, minimizing RFIs and change orders
during construction.

Rendering for BART Warm Springs
Pedestrian Overcrossing, Fremont
Rendering for VTA Montague Expressway
Pedestrian Overcrossing, Milpitas
Rendering for Rosecrans/Marquardt Grade Separation (BNSF), Santa Fe Springs, CA Rendering for McKinley Grade Separation, City of Corona, CA

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 5
Biggs Cardosa has selected a team of highly qualified, experienced and dedicated subconsultants for this project.

SUBCONSULTANT QUALIFICATIONS SUMMARY
Since 1915, BKF Engineers has earned a reputation for its ability to successfully plan, design, survey, and implement complex projects - delivering inspired infrastructure for over 100 years. They draw upon and utilize their experience, diligently guiding projects from the initial due diligence and feasibility stages, progressing project designs and permitting approvals, and concluding with construction and implementation. This proven approach recognizes that developing dynamic projects is informed by focused team collaboration, mitigating physical constraints and potential risks, and balancing design goals with value engineering solutions. BKF provides civil engineering, land surveying, and land planning services for government and transportation agencies, institutions, developers, design professionals, contractors, school districts, and corporations. They offer a number of specialty services, including agency permit expediting, sustainable infrastructure, complete street design, site accessibility consulting, hydrology/hydraulics, traffic signal and traffic handling designs, utility locating services, automated construction surveying monitoring, and 3D laser scanning.

As one of the largest engineering firms in Silicon Valley, BKF has notable resources with extensive depth of expertise and ability to draw upon diverse services and staff. BKF has successfully managed, designed, and processed complex highway, roadway, and rail projects through their strong blend of civil engineers, transportation engineers, traffic engineers, hydrologists, utility designers, right of way engineers and surveyors who have worked on several notable and award winning rail grade separation feasibility and construction projects throughout the San Francisco Bay Area, including the Kato Road, Warren Avenue and Mission Blvd projects in Fremont; the Navy Drive project in Stockton; the Sunnyvale Avenue and Mary Avenue Grade Separations in Sunnyvale, the City Place Parkway and 2nd Street Grade Separations in Santa Clara, and the Marina Bay Parkway Grade Separation in Richmond.

Biggs Cardosa and BKF have worked on hundreds of successful projects together over the last 36 years. This type of longrunning history has proven to be a key element to our success streamlining design efforts and delivering projects onschedule, on-budget and meeting or exceeding project goals and objectives. We clearly understand each other’s roles and expectations and we are often thought of as “sister” companies.

Founded in 1935, Perkins & Will is an architecture firm with 26 studios and over 2,000 staff members. They believe that design has the power to make the world a better, more beautiful place. That’s why clients and communities on nearly every continent partner with them to design healthy, happy places in which to live, learn, work, play, and heal. They are passionate about human-centered design and are committed to creating a positive impact in people’s lives through sustainability, resilience, wellbeing, diversity, inclusion, and research. In fact, Fast Company named them one of the World’s Most Innovative Companies in Architecture.

Their global team of creatives and critical thinkers provides integrated services in architecture, interior design, landscape architecture, and more. Their San Francisco studio uses design to craft the human experience. They believe in a researchbased, interdisciplinary approach that creates sites and buildings focused on the people who inhabit them. Located along San Francisco’s waterfront, they are more than 70 professionals strong with deep Bay Area roots and the resources of a global firm. A community-focused team, they thrive on projects which contribute to the greater good, and help make a lasting, positive change. For the past four years, they were ranked as one of the top three transit architecture firms by Building Design + Construction Giants 300. They have a great deal of experience in landscape architecture, transportation, and urban design.

JMA Civil, Inc. is a Civil Engineering and Rail Design and Consulting Firm that specializes in Railroad and Transit projects, especially mainline track, at-grade crossing and grade separation projects.

Jon Marshall, PE, founded the firm in 2011 to focus on serving public agencies and industrial clients with high quality and innovative design solutions. Previously, he was an Assistant Vice President and project manager for a national transportation AEP firm where he completed over 200 railinvolved projects for freight railroads (primarily Union Pacific Railroad), transit operators, public agencies and rail-served customers. JMA is well-qualified to lead many aspects of rail planning and conceptual and final design, including: shoofly design, separation studies and design, at-grade crossing modifications, grade culvert design and bridge hydraulic analyses,

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 6
Hexagon Transportation Consultants, Inc. was founded in 1998 in San Jose, California with the goal of providing quality, professional transportation consulting services to private and public entities. Hexagon provides services in all major aspects of transportation planning and traffic engineering. They have built their firm around three fundamental principles. First, they deliver the highest quality work with findings that are double-checked and presented clearly and concisely. Second, they deliver work results when promised. Among their top priorities is delivering their services in a way that ensures the overall scheduling needs of their clients are met. Lastly, they are accessible and responsive. They understand their clients are pressed for time and often faced with the challenge of managing complex projects, so anything they can do to keep the transportation aspects of those projects moving along smoothly is a valued service. Hexagon has 29 employees within its three offices. Hexagon’s professional staff has a broad range of transportation expertise and is experienced in all technical aspects of transportation consulting. This gives them the ability to plan and design a transportation project that will operate as intended when construction is complete and the improvements are brought online. Their traffic engineers and transportation planners are experts in the preparation of traffic impact studies for CEQA analysis, traffic operations studies, queueing studies, long-range travel demand forecasting, traffic simulation studies, signal coordination studies, bike and pedestrian studies, parking studies, accident analyses, and much more. Their design staff has extensive experience in the design of intersection geometrics, traffic signal improvements, traffic signing, and pavement delineation. protection and relocation of utility crossings, maintenance, CPUC coordination, rail operations and alternatives analyses, cost estimating, construction phase services, and feasibility studies. JMA has advised and designed rail improvements for many California transit operators, including: the California High-Speed Rail Authority, ACE, Caltrain, VTA, BART, SMART and Valley Link, both directly and as a subconsultant under the prime designer or design-build contractor. JMA is a California S Corporation with offices in Oakland, CA and Boston, MA. JMA currently has a staff of 17 including 7 licensed civil engineers licensed in California. JMA is certified by Cal DGS as an SBE.

PARIKH Consultants, Inc. (PARIKH), established in 1993, is a California Corporation specializing in geotechnical engineering services for public agencies, (self-help measure counties, Caltrans), cities, and local municipalities. PARIKH employs around twenty highly skilled and dedicated engineers, geologists, technicians, and administrative personnel. PARIKH has successfully delivered more than 1,400 projects throughout California, with both local and federal funding sources, including services for transit, transportation, and public works projects.

Typical projects include public works and associated infrastruture elements. PARIKH’s projects have received more than 40 engineering excellence awards from local and state agencies, including American Council of Engineering Companies (ACEC), American Public Works Association (APWA) and California Transportation Foundation (CTF). PARIKH offers a laboratory testing facility in Milpitas, CA to perform tests according to ASTM and CTM guidelines. The lab is accredited under the AASHTO Materials Reference Laboratory (AMRL) program and is certified by Caltrans. PARIKH’s principals are experienced in design build, rail, public works and infrastructure projects, with an excellent reputation for high-quality services and an ability to maintain cost-effective operations. Cross-functional expertise coupled with years of dedication to geotechnical services have made PARIKH’s knowledge unparalleled within the industry. The PARIKH team excels in client services by consistently meeting schedules, budgets, and project requirements.

DJP&A has been preparing environmental documents in California, and particularly, the Bay Area since 1972. DJP&A has extensive experience completing State and Federal environmental review for complex and controversial public sector infrastructure projects that require coordination with numerous regulatory agencies and conformance with CEQA and NEPA requirements. DJP&A’s clients have included local City, County, and State agencies, numerous private developers, and school districts. The firm has offices in San Jose and Oakland. DJP&A is a CUCP-certified woman-owned UDBE and DBE. DJP&A has worked on projects with jurisdictions throughout San Mateo County on both public and private sector clients. Their recent CEQA/NEPA work with local Lead Agencies include projects in Daly City, South San Francisco, San Bruno, Half Moon Bay, Burlingame, San Mateo, Redwood City, and East Palo Alto. Notable infrastructure projects include the Main Street Bridge Rehabilitation in Half Moon Bay, Coastal Trail Crossing at Pilarcitos Creek in Half Moon Bay, Bermuda Drive Bridge Replacement in San Mateo, and Grand Boulevard Improvements Phase 3 in South San Francisco. DJP&A has worked with Biggs Cardosa on over 35 projects.

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 7

HIGH SPEED RAIL PROJECT, SAN JOSE TO SAN FRANCISCO

SAN FRANCISCO TO SAN JOSE, CA

PROJECT DESCRIPTION
Biggs Cardosa provided structural engineering design services for one of the nine segments that extends from the new Transbay Terminal in San Francisco to the redeveloped station at Diridon in San Jose. While this segment is the shortest at around 50 miles, it is recognized as one of the most challenging due to the existing infrastructure and developments along the narrow corridor. The new High Speed Rail alignment will follow the existing Caltrain alignment, and as part of the project, all of the existing at-grade crossings will be grade separated and the existing lines will be electrified.

Biggs Cardosa was responsible for the structural design of the replacement and new grade separations for the southern 17 mile portion that extends through Sunnyvale, Santa Clara and San Jose. The alignment and structural design were developed to a 30% level so that the Environmental Impact Report can be completed. Three alternatives of the vertical and horizontal rail alignments were developed to study the relative merits of the new tracks being at-grade, below grade or above grade at various locations. Structures designed by Biggs Cardosa included:

1.Redevelopment of Diridon Station, which will consist of the new High Speed Rail platforms and tracks approximately 60 feet above the existing Caltrain tracks and the historic platforms. There will be a mezzanine level between the two platform levels to provide passenger circulation.

2.Replacing three existing road bridges and two existing pedestrian bridges over the existing rail corridor to provide increased vertical and horizontal clearance.

3.Widening or replacing four existing rail bridges.

4.Replacing two existing road bridges with underpasses below new rail bridges.

5. Designing three new viaducts for two and four new High Speed Rail tracks, at up to 60 feet above grade and extending over 8.5 miles.

Firms Involved:
▪ Biggs Cardosa: structural
engineering design to
30%
Relevance:
▪ Grade Separations
▪ Bay Area Location
▪ Pedestrian Facilities
Cost
Transbay Terminal:
$3,000,000,000
Subsections 8 to 9:
$827 Million
We have also completed evaluations into the preliminary design of a new four track trench within a narrow corridor.

Preliminary construction sequencing was developed that would maintain two of the four tracks active during construction.

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 8
HIGH SPEED RAIL PROJECT, CENTRAL VALLEY SEG D/B (CP2-3)

FRESNO, CA TO TULARE/KERN COUNTY, CA

PROJECT DESCRIPTION
The California High Speed Rail project is the largest infrastructure project in the nation and is planned to operate trains at more than 200 miles an hour over 800 miles of new tracks. The project will be the first high speed rail project in the Country, and will transport passengers more efficiently, safely and with less environmental impact than other forms of transportation. Biggs Cardosa has been involved in several segments of the project, including the Central Valley Segment.

For this segment, Biggs Cardosa is the Independent Checking Engineer (ICE)/ Independent Site Engineer (ISE) for Construction Package 2-3 (CP 2-3). This contract stretches over 60 miles through the Central Valley from just south of Fresno to just north of the Tulare/Kern county line.

To address a recurring quality issue on many California D/B projects, which is believed to be caused at least in part by lax quality control and assurance by what is traditionally a Contractor-procured Quality Team (classic conundrum of fox guarding the chicken coup), the Authority deviated from the standard D/B model for this contract, and extricated the independent check function from the Design/Builder and moved it to the PCM’s.

Biggs Cardosa was contracted by the PCM explicitly to fulfill this function on the Project.

Biggs Cardosa’s responsibilities as the Project’s ICE including reviewing and recommending the disposition for all Technical Design Submittals, performing full independent structural design calculations for over 50 high-speed rail and roadway bridge structures along or over/under the alignment, and identifying, checking, and tracking that each structure will be in compliance with the project’s design criteria.

Many of the submittals in this segment also required Caltrans oversight, or approval by BNSF and/or the jurisdictions in which the bridges are located.

Firms Involved:
▪ Biggs Cardosa:

Independent Check,
Independent Site
Engineer
Relevance:
▪ Grade Separations
▪ Bay Area Location
▪ Feasibility/Alternative
Studies
Year Completed
2022 (est.)
Cost
$2,200,000,000

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 9
BRADLEY A. MOODY MEMORIAL UNDERPASS (RPRC/BNSF)

RICHMOND, CA

PROJECT DESCRIPTION
This project consisted of a feasibility study, final design and construction support services to separate railroad traffic from vehicular traffic in the City of Richmond. Due to growing business development and train traffic along this railroad segment, which is used by Richmond Pacific Railroad Corporation (RPRC) and BNSF Railway Company, a grade separation was needed to relieve congestion and delays at the existing railroad crossing.

BKF Engineers (BKF) was appointed by the City of Richmond to provide the Feasibility Report and PS&E for the Marina Bay Parkway Grade Separation Project which included the civil engineering design, right of way engineering and surveying. Biggs Cardosa performed structural feasibility studies on six undercrossing and overcrossing alternatives at various site locations in the area. An undercrossing alternative along Marina Bay Parkway was selected for final design. The project was completed and opened to traffic in 2015.

The grade separation consisted of lowering a 900-foot long by 80-foot wide roadway under a RPRC/BNSF track. The lowered roadway, with excavation depths reaching approximately 30 feet, is supported by retaining walls on both sides. The wall system includes cement deep soil mix (CDSM) walls reinforced with steel soldier piles and tiebacks, and cast-in-place concrete cantilever walls. The wall system also includes underground concrete compression struts between the walls. Rail traffic crosses over the lowered portion of Marina Bay Parkway via a 103-foot long by 34-foot wide, two-span steel beam bridge. The new bridge was designed to accommodate the existing track and a future track. Due to railroad and vehicular traffic operation requirements, the lowered roadway had to be constructed in stages, from the top down. Since the site is located in close proximity to a 9-track railroad switch yard with heavy train volume, maintaining railroad operations to the fullest extent was a key priority. With close coordination with PRPC/BNSF, the railroad bridge including all bridge supports were effectively installed over four weekend closures. Biggs Cardosa provided railroad coordination support and structural engineering services.

This project received an Honorable Mention Award from CMAA in the Category of Transportation for projects with a construction cost greater than $10M.

Firms Involved:
▪ BKF: Prime Consultant,
Civil
▪ Biggs Cardosa:

Structural Engineering
Relevance:
▪ Grade Separations
▪ Bay Area Location
▪ Feasibility/Alternative
Studies
Year Completed
2015
Cost
$35,000,000
Reference
Chadrick Smalley
City of Richmond
440 Civic Center Plaza,
Richmond, CA 94804
510.307.8140
chadrick_smalley@
ci.richmond.ca.us

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 10

KATO ROAD, DIXON LANDING ROAD, WARREN AVENUE
& MISSION BLVD GRADE SEPARATIONS FREMONT AND MILPITAS, CA

PROJECT DESCRIPTION
As a part of the BART extension to San Jose, Biggs Cardosa performed as the Structural Design Lead for the SVBX Northern Area Guideway project. Among other structural tasks, SVBX included four major Grade Separation in the cities of Fremont and Milpitas at Mission Blvd, Warren Ave, Kato Road, and Dixon Landing Road, and the relocation of over six miles of UPRR tracks.

The grade separations and the UPRR track relocation were needed to extend the BART tracks into San Jose along the west side of the UPRR corridor. Each of these four grade separation projects initially consisted of depressing the roadways beneath the UPRR/BART tracks and constructing at least two underpass structures for each of the UPRR and BART tracks.

At Mission Blvd, the existing UPRR Underpass was replaced and the depressed roadway widened with new soil nailed retaining walls. At Warren Ave, Kato Road and Dixon Landing Road, the projects depressed the roadway with Deep Soil Mix (DSM) walls, and also included a third bridge structure for UPRR access vehicles.

All structures required close coordination with UPRR in order to minimize track closures.

Kato Road and Warren Avenue were closed during construction.

Both projects required the tracks to be raised 8”. All four projects also required extensive stage construction.

The bridges at Kato and Warren were supported on DSM
abutments and pier walls, which utilized steel soldier pile deep foundations that enabled top-down construction, reducing shoring costs and impacts to UPRR. All BART bridges and UPRR access bridges consisted of cast-in-place prestressed concrete box girders.

The Mission/Warren/Freight Railroad Relocation Program
received the APWA Silicon Valley project of the year award and the 2016 ASCE (San Francisco Section) Transportation Project of the Year award.

Firms Involved:
▪ Biggs Cardosa: Structural
Engineering
▪ BKF
Relevance:
▪ Grade Separations
▪ Bay Area Location
▪ UPRR/BART
Year Completed
2013
Cost
>$75,000,000 (combined)

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 11

BROADWAY BURLINGAME GRADE SEPARATION

BURLINGAME, CA

PROJECT DESCRIPTION
Biggs Cardosa is providing structural engineering services for the design of the Broadway Burlingame Grade Separation. The existing at-grade crossing at Broadway has documented safety and mobility issues. Since 2015 there have been more than 10 collisions involving trains and vehicles or pedestrians. The crossing also experiences high volumes of vehicles and trains at the crossing resulting in significant down time and congestion. This new grade separation will benefit Caltrain, the City, transit riders and residents.

The project includes raising the Caltrain tracks approximately 18 ½ feet and lowering Broadway approximately 6 feet to accommodate a grade separation. The project will include a new raised station platform with connections from the street level to the center of the platform, a new parking structure on the east side on Carolan Avenue and new gradeseparated pedestrian overcrossing.

To accommodate construction, natural drainage channels will need to be relocated; the existing tracks will need a shoofly with a temporary at-grade crossing at Broadway; right of way will need to be acquired, with retaining walls constructed to minimize impacts; and major utilities in the roadway will need to be lowered or relocated.

Firms Involved:
▪ Biggs Cardosa:

Structural Engineering
Relevance:
▪ Grade Separation
▪ Bay Area Location
▪ Caltrain
▪ Pedestrian design
elements
Year to be Completed
2023 (est.)

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 12

CALTRAIN SANTA CLARA STATION PUC EXTENSION

SANTA CLARA, CA

PROJECT DESCRIPTION
The Santa Clara Valley Transportation Authority (VTA) proposed to construct a pedestrian undercrossing extension at the Santa Clara Caltrain Station. The structure serves as a connection to the new Caltrain station platform and extends the undercrossing that is currently being constructed by Caltrain. The structure extends the Caltrain undercrossing to the east and below the existing Union Pacific Railroad (UPRR) tracks, and provides access to the Santa Clara Caltrain Station from Brokaw Road. Biggs Cardosa Associates was the prime consultant responsible for the project management, structural design and the coordination of a team of subconsultants in providing the VTA with concepts, preliminary design, engineering reports, construction schedule, full PS&E package, construction support services and support services in coordination with UPRR.

The project involved the design and construction of two integral components to be able to provide the desired access: an undercrossing extension and a ramp walkway that connects the undercrossing to Brokaw Road, east of the UPRR tracks.

Numerous concepts were developed to study various alignments and construction types.

They included PUCs, overpasses, DSM walls with precast roof slabs and concrete lining, CIP tunnels and ramps, and precast tunnel segments.

The undercrossing was constructed using precast concrete tunnel segments, and castin-place (CIP) concrete wall lining with architectural finishes to match existing tunnel in addition to topping slab and closure rings at the tunnel ends. The undercrossing extension is approximately 83 feet long with interior dimensions of 16 feet wide and varying vertical clearances. The ramp is approximately 250 feet long with varying width and stem wall heights. The ramp was constructed with CIP concrete and features architectural planters along a reverse-curved alignment.

Firms Involved:
▪ Biggs Cardosa: Prime
Consultant,
▪ PARIKH
Relevance:
▪ Pedestrian
Undercrossing at
Caltrain/UPRR Tracks
▪ Biggs Cardosa - Prime
▪ Rail Coordination
▪ Station Improvements/
Modifications
▪ Utility Coordination
▪ Multi-agency
Coordination
Year Completed
2017
Cost
$13,800,000
Reference
Mohamed Basma
VTA
408.546.7939

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 13
Numerous factors had to be taken into consideration with respect to the construction of both of these structures that includes, but were not limited to, railway operations and limitations, geologic conditions, future proposed
BART station to the northeast of the existing UPRR tracks, the current Caltrain undercrossing project parameters,
constructability aspects, code compliance, client safety concerns, existing and proposed utilities, architectural/ aesthetic issues, and project cost and schedule.

Construction schedule included a four-day shutdown (over Thanksgiving weekend 2016) of all tracks for the installation of precast concrete tunnels segments.

During the 4 day rail shutdown over Thanksgiving 2016, a portion of three rail tracks were removed while a precast concrete underpass was installed in an open trench. The Biggs Cardosa Project Manager was on site for most of the period from the end of the initial excavation until the underpass had been installed and waterproofed and backfilling had commenced. He was able to provide technical input and
assist in resolving issues as they arose to keep critical activities on schedule during the shutdown. One example was the
placement of the first of the fourteen precast concrete segments. Since all tunnel segments would be aligned with the first segment that was set, the alignment of that first segment was critical. Weighing more than 95,000 pounds
and at the extreme reach of the crane, the precise location and alignment of first 5-feet long segment was adjusted numerous times over a six hour period, significantly longer than planned. With knowledge of the project constraints including minimum ramp lengths, our Project Manager was able to review impacts and determine that changes could be made to the ramp layout to accommodate the projected misalignment. The alignment of the first concrete segment was approved without further adjustment allowing construction to proceed and the tracks to be re-installed and restored to service on schedule.

This project has received the following awards:
2019 APWA National: American Public Works
Association Project of the Year for 2019 in the category of Transportation $5 million but less than $25 million
2018 ACEC California Golden State Award
2018 ACEC California Honor Award in the Structural
Systems Category
2018 APWA California Project of the Year Award
2018 CTF Transportation Award in the Pedestrian/
Bicycle Category
Silicon Valley Business Journal: Silicon Valley Structures 2017: Public/Civic Project of the Year
Funding Sources: The $13.8M project cost will draw from Measures A and B, The City of San Jose, State and Federal Sources, Safe Routes to Transit (funded by Bay Area Bridge Tolls), the Transportation Fund for Clean Air (State Fund), and Hunter Properties.

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 14

WARM SPRINGS BART PEDESTRIAN ACCESS

BRIDGE & ENTRY PLAZA, FREMONT, CA

PROJECT DESCRIPTION
This new pedestrian and bicycle bridge crosses over the five sets of Union Pacific railroad tracks and connects the Warm Springs BART station to a new public plaza and the growing Fremont Innovation District. In 2013, Biggs Cardosa was the prime consultant responsible for the feasibility study and conceptual design of the Warm Springs BART West Access Bridge and Plaza. Subsequently in 2015, the Biggs Cardosa team was selected by the City of Fremont to provide final design services for the project.

The project consists of an iconic pedestrian bridge spanning the UPRR mainline west of the new Warm Springs BART station, an entry plaza that connects the bridge to planned transitoriented development, a UPRR spur track relocation, utility relocations, and preliminary design studies that will outline infrastructure improvements to the new development area.

The Warm Springs BART pedestrian bridge and plaza are an integral part of the City of Fremont’s vision to enhance the pedestrian environment and create an urban neighborhood.

This signature bridge and plaza project will provide a vital pedestrian/bicycle link which will demonstrate the City of Fremont’s commitment to creating a transit-oriented, connected urban environment, enhancing pedestrian experience and accounting for the new demographic.

Remaining work to open the bridge includes integrating BART station infrastructure related to safety, security, electrical, and mechanical systems. Following which the project coordinator and BART will conduct inspection, testing, and training.

The total project cost is $41 million. Preconstruction, planning, design, and utility relocation work was funded by the City of Fremont ($11 million). The construction cost of $30 million is funded by the Alameda County Transportation Commission.

Firms Involved:
▪ Biggs Cardosa: prime
consultant
▪ BKF
▪ PARIKH
Relevance:
▪ Pedestrian Bridge and
Plaza
▪ Bay Area Project
▪ Facility over BART and
UPRR Tracks
▪ Railroad Coordination
▪ ADA Compliance
▪ Extensive Renderings
during design phase
Year Completed
January 2022
Cost
$41,000,000

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 15

SOUTH BAYFRONT PEDESTRIAN BICYCLE BRIDGE

EMERYVILLE, CA

PROJECT DESCRIPTION
The centerpiece of the South Bayfront Pedestrian Bridge Project is a bicycle and pedestrian bridge over the Union Pacific Railroad tracks in the City of Emeryville. The project includes design of the main bridge structure, access ramps, stairs, and landscaping, as well as community outreach, stakeholder coordination and permitting for all elements of the project.

The bridge and ramps accommodate bicycles and pedestrians, and will be ADA-compliant.

The 230-foot long main bridge is a tied single arch structure that will span across nine UPRR tracks. This bridge is designed for construction over UPRR tracks within a very limited track closure window. Over 1000 feet of ramps will be required for the bridge approaches. The west ramp is a switch-back ramp that connects to the Bay Street shopping center. The west ramp is adjacent to the mall’s parking structure within a 30-foot setback from the UPRR property line. The east ramp will connect to the proposed Horton Landing Park. Both ramp structures are cast-in-place concrete structures. The project also includes access stair structures on each side of the railroad corridor for pedestrian access to the main bridge.

Firms Involved:
▪ Biggs Cardosa: prime
consultant, structural
engineering
▪ PARIKH - Geotechnical
▪ David J. Powers -
Environmental
Relevance:
▪ Pedestrian Bridge and
Plaza
▪ Bay Area Project
▪ Facility over BART and
UPRR Tracks
▪ CPUC Coordination
▪ Railroad Coordination
▪ ADA Compliance
▪ Public Outreach
▪ Extensive Renderings
during design phase
Year Completed
2021
Cost
$31,000,000
Reference
Todd Teachout,
City Engineer
City of Emeryville
510.596.4334
[email protected]
Public Outreach: Biggs Cardosa, along with our lead
architect, led participatory public workshops, or “charrettes”, during all phases of planning and design. During type
selection and preliminary design, Biggs Cardosa’s team
developed comparative exhibits and simulations of a range of signature bridge types including single and double tied arches, trusses, and single and twin-tower cable-stayed spans. These exhibits and simulations were critical elements in the participatory type selection and conceptual design process.

Union Pacific Railroad Coordination and Permits and
Utility Relocation Design/Coordination: Biggs Cardosa
team performed all the services to obtain the required
permit, including UPRR and CPUC. Our team also performed the design coordination effort services for many impacted utilities within and outside the UPRR and City right-of-way.

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 16
17TH STREET GRADE SEPARATION (SCRRA)

SANTA ANA, CA

PROJECT DESCRIPTION
The Orange County Transportation Authority (OCTA) and the City of Santa Ana, in coordination with Caltrans District 12, proposes to grade separate the existing at-grade crossing of 17th Street with the Metrolink Southern California Regional Rail Authority (SCRRA) double tracks in the City of Santa Ana. The project proposes to construct a railroad underpass to carry the SCRRA double tracks over 17th Street, lowering the existing grade of the roadway by approximately 20.5 feet and raising the railroad profile by approximately 2 feet.

Biggs Cardosa was responsible for developing the structural concepts and cost estimates for inclusion in the Project Report Equivalent (PRE). Close coordination with the City of Santa Ana and SCRRA was required. Biggs Cardosa’s structural concepts met SCRRA’s requirements, and included aesthetic features to satisfy City requirements. Rolled steel beams with precast concrete fascia panels are specified for the railroad bridge over the lowered portion of 17th Street. The use of steel beams satisfies SCRRA’s requirements, and the precast concrete fascia panels are used to improve the aesthetics of the Underpass structure. A series of secant pile walls and cantilevered cast-in-place walls are used along the lowered portion of 17th Street. Retaining walls will also include aesthetic treatment.

The PRE and associated conceptual plans and cost estimates, along with obtaining environmental clearance, will setup OCTA to prepare final design documents.

Firms Involved:
▪ Biggs Cardosa:

Structural Engineering
Relevance:
▪ Grade Separation
▪ PSRE
Year to be Completed
2016
Cost
$55,000,000 (est.)

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 17

ACE FULLERTON ROAD GRADE SEPARATION (UPRR)

CITY OF INDUSTRY, CA

PROJECT DESCRIPTION
Biggs Cardosa is the Prime Consultant on the $204.1 million Fullerton Road Grade Separation Project, the largest and most complex of ACE’s Phase II grade separations. To minimize impacts to adjacent properties, the mainline UPRR will be raised by 8.5 feet using T-Walls, and Fullerton Road will be lowered 16 feet under the existing tracks. The project includes the grade separation of Railroad Street, which runs parallel to the UPRR tracks on the north, from Fullerton Road.

Plans call for constructing a six-lane roadway underpass on Fullerton Road with retaining walls, a new railroad bridge, a new roadway bridge and a new pedestrian bridge, which was an innovative solution to address ADA concerns. This complex project also includes addressing impacts to the adjacent properties and numerous utilities.

Biggs Cardosa’s services included the management of all design components, including structures, railroad and shoofly, staging, civil and roadway, drainage, utility relocations, signal, geotechnical, surveying, pump station, constructability and right-of-way engineering.

The design will reduce right-of-way acquisitions. Biggs Cardosa spearheaded difficult approvals through the rail agency to support the raising of the railroad tracks, and to obtain approval of complex but effective construction staging, that included shooflies and impacts to industry lead tracks.

To address the numerous utilities involved in the project, Biggs Cardosa produced 3D models of all structures and utilities to show where they conflicted. Biggs Cardosa provided successful public outreach support with renderings of each location to show how each property would be affected by the project. These renderings were instrumental in gaining support for the project from many of the impacted properties.

Firms Involved:
▪ Biggs Cardosa: Prime
Consultant, Project
Management, Structural
Engineering
Relevance:
▪ Grade Separation
▪ Biggs Cardosa - Prime
▪ Rail Coordination
▪ Utility Coordination
▪ Multi-agency
Coordination
▪ Extensive Renderings
during design phase
Year to be Completed
2023 (est.)
Cost
$204.1 M

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 18

MORGAN HILL/SAN JOSE - MERCED HSR DRAFT EIR/EIS SUPPORT

CITY OF MORGAN HILL, CA

PROJECT DESCRIPTION
BKF provided civil engineering support services to assist the City of Morgan Hill (City) to evaluate the California High Speed Rail (HSR) alignments proposed in the Draft Environmental Impact Report (EIR) for the San Jose-Merced segment. BKF’s responsibilities included the review of the UPRR rail crossings at E. Dunne Avenue and Tennant Avenue that crosses the proposed HSR alignment in Downtown Morgan Hill. Additionally, BKF assisted Perkins & Will and David J. Powers & Associates with the review of the HSR alternative alignments, especially at the rail crossings at City street intersections, to ensure that refinements suggested for City’s consideration to forward to the HSR Authority would be peer reviewed and thus were based on a solid engineering foundation. BKF prepared grade separation exhibits for the HSR crossings at E. Dunne Avenue and Tennant Avenue as well as performed civil engineering review of the pedestrian undercrossing for the Morgan Hill Caltrain Station.

BKF attended team meetings and contributed to various topics including safety, emergency response time, pedestrian, bicycle and vehicular access, drainage, utilities, and right of way impacts. BKF worked with the City’s team in making recommendations to the HSR Authority on potential refinements that would improve the alignments and provide a safer facility to the community from the City’s perspective.

Hexagon provided review the High-Speed Rail EIR. The EIR includes 4 alternatives for the rail tracks. It was determined that some of the alternatives would create impacts to the transportation system in Morgan Hill. All alternatives would create impacts during construction. Hexagon evaluated AM and PM peak-hour intersection levels of service at key intersections for projected long-range traffic conditions with and without the HSR project Firms Involved:
▪ BKF
▪ Perkins & Will
▪ Hexagon
▪ David J. Powers
Relevance:
▪ CIty of Morgan Hill
Project
▪ Studies & Reports for
this project location
Year Completed
2020
Cost
$10,000 Contract
Reference
Tiffany Brown
City of Morgan Hill
408.310.4655
under all project alternatives. Projected maximum peak-hour vehicle queues for proposed at-grade crossings were also evaluated. Impacts on property access and on bicycle, pedestrian, and transit circulation were evaluated for each of the project alternatives, as well as potential short-term traffic impacts due to the construction of the various alternatives.

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 19

CALTRAIN GRADE SEPARATIONS FEASIBILITY STUDY

CITY OF SUNNYVALE, CA

PROJECT DESCRIPTION
The VTA Measure B program included the funding of 8 grade separation projects along the Caltrain corridor in the cities of Sunnyvale, Mountain View and Palo Alto with the intent to separate the Caltrain tracks from roadways to provide increased safety benefits for drivers, bicyclists and pedestrians; to reduce traffic congestion at the adjacent intersections; and to incorporate Complete Streets design features.

BKF Engineers (BKF) assisted the City of Sunnyvale (City) with developing detailed grade separation alternative designs and an assessment of impacts and requirements for 2 new grade separation locations at major east-west arterials: Sunnyvale Avenue and Mary Avenue.

The new grade separations are vital to the City objectives of increasing the attractiveness of the downtown area for businesses and residents. The current situation with at-grade crossings essentially blocks east-west traffic flow, creates an offensive noise disturbance when passing trains sound horns and crossing gate bells ring, and presents a continual risk of dangerous accidents when vehicles or pedestrians are crossing the tracks.

The grade separation design alternatives were configured as either roadway overpasses or underpasses, permitting safe and efficient flow of multimodal traffic in and out of the downtown area to other key City locations and to US 101. The design of the grade separations additionally took into consideration future track improvements such as the electrification of the Caltrain system and the High Speed Rail running along the Caltrain tracks. The two grade separations locations had site-specific features that affected the design configurations and impacts, such as their relative adjacency to Evelyn Avenue and the Sunnyvale Caltrain Station, maintaining accessibility to local businesses and residences, the relocation of major utilities and the right of way needs. At the conclusion of the design work, assessment of impacts and public outreach, the results were presented to the City Council and a feasibility study drafted identifying the preferred alternatives so that the project can proceed to the environmental and PS&E phases of work.

Firms Involved:
▪ BKF
▪ Biggs Cardosa
Relevance:
▪ Rail Coordination
Year to be Completed
2022
Cost
$432,000,000
Reference
Angela Obeso
Principal Transportation
Engineer
City of Sunnyvale
408.730.7557

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 20

ANALYSIS OF CA HIGH SPEED RAIL ALIGNMENT OPTIONS

CITY OF MORGAN HILL, CA

PROJECT DESCRIPTION
Perkins & Will provided urban design and placemaking expertise in order to support the City of Morgan Hill’s efforts to review and comment upon proposed alignments for California High Speed Rail.

The team assessed all proposed alignments by how well they aligned with the City’s planning vision and goals, evaluated their impacts on the downtown environment and future economic vitality, and identified mitigation measures focusing on the preferred alignment recommended by the California High Speed Rail Authority.

A conceptual design study was conducted on impacted areas near Morgan Hill’s downtown.

This study focused on safe grade-separated crossings and public-realm improvements designed to provide continuous access to pedestrians, cyclists, cars, and emergency vehicles across the High Speed Rail corridor.

Firms Involved:
▪ Perkins & Will
Relevance:
▪ CA High Speed Rail
project
▪ Rail Alignment Options
Study

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 21

ATLANTA BELTLINE CORRIDOR DESIGN AND TRAILS

CITY OF ALTANTA, GA

PROJECT DESCRIPTION
Perkins & Will co-designed the popular Atlanta Beltline Corridor and Trails, transforming an abandoned industrial railway with uncooperative old land with unmarked utilities and buried objects into a thriving hub for pedestrian and bicycle traffic. The Beltline provides a 22 mile path that connects housing units, business units, and train stations.

Perkins & Will guided the Corridor Design, Eastside Trail, and Westside Trail from initial guidelines to real-world execution under extremely tight deadlines.

Today, more than a million people use the Eastside Trail alone. From large civic events like the Lantern Parade that pumps more than 10,000 enthusiastic people through its arteries to informal art strolls by individuals, the BeltLine is host to a true cross section of the city—a society on its way to work, shop, school, and social events—happily enjoying the company of each other. Best of all, no one entity can control it. It belongs to everybody.

Since 2005, more than 50 projects representing more than $2.4 billion in private investment have taken shape around the Atlanta BeltLine, with $638 million in new development along the Eastside Trail alone. Ponce City Market, once an empty hull, stands as a marquee example for reuse, while bordering neighborhood businesses and restaurants have reoriented themselves toward the trail to take advantage of the heavy foot traffic.

The project received numerous awards, including:

Building Healthy Places Award, Urban Land Institute, Atlanta, 2015 Honor Award, Tri-State ASLA, 2014
Award of Excellence, Georgia ASLA, 2014
Overall Excellence in Smart Growth Award, US Environmental Protection Agency, 2014 Firms Involved:
▪ Perkins & Will
Relevance:
▪ Pedestrian/bicycle
corridor

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 22
CA HIGH-SPEED RAIL AUTHORITY CP1 UPRR SHOOFLY

CITY OF FRESNO, CA

PROJECT DESCRIPTION
Construction Package 1, a 32-mile stretch between Madera to Fresno, was the first significant construction contract executed for the high-speed rail program. This package includes 12 grade separations, two viaducts, one tunnel, a major river crossing, and the realignment of State Route 99.

Jon Marshall was the Rail Design Manager for the Tutor/Perini/Zachry/ Parsons joint venture for the design of the three shooflies of the Union Pacific Railroad (UPRR) mainline in Fresno, including at Downtown, Westside Wye and Herndon. These 3 shooflies, totaling over 14,000 feet of new track, enable the construction of four underpasses of UPRR required for establishing the high-speed train alignment adjacent to UPRR through Fresno. The work has involved substantial interface with UPRR design criteria and standards and engagement with UPRR staff and consultants to identify the specific constraints at each crossing and develop effective solutions to these constraints that meet UPRR criteria and construction phasing, staging and methods that minimize impacts to UPRR to the greatest extent possible.

Due to very significant UPRR concerns with the preliminary design for the Westside Wye shoofly presented in the environmental document, Jon led an alternatives analysis including significant engagement with UPRR that resulted in a consensus for a feasible approach for the final design that simplified the construction phasing of the highly spaced constrained site. The JMA team was also engaged by TPZP to prepare other elements of the design related to UPRR, including modifications to 2 temporary at-grade crossings and 1 permanent reconfigured crossing. JMA also designed and coordinated numerous utility relocations and special protections required by the shooflies, for Kinder Morgan and PG&E facilities.

Firms Involved:
▪ JMA Civil
Relevance:
▪ Rail Coordination
Year to be Completed
2022, ongoing
construction
Cost
$50 M
Reference
James Labanowski, PE,
Railroad/Utility Manager
California High-Speed Rail
Authority
James.labanowski@hsr.
ca.gov
916.669.6634

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 23
CA HIGH-SPEED RAIL AUTHORITY CP4 BNSF SHOOFLY

CITY OF WASCO, CA

PROJECT DESCRIPTION
Supporting the design-build contractor, California Rail Builders, JMA has led the design of two adjacent shooflies of BNSF mainline for Construction Package 4 in Wasco. JMA developed the at-grade alternative technical concept during tender phase that avoided the expensive and impactful BNSF viaduct structure through Wasco shown in the environmental and base bid documents. Working closely with BNSF, a single long shoofly was modified to two shorter shooflies, eliminating impacts to the BNSF Wasco yard and adjacent Amtrak station, significantly reducing overall costs, enabling a more flexible construction plan and gaining BNSF’s consensus for the project.

In addition to designing over 23,000 feet of new mainline and shoofly tracks, JMA has coordinated all utility relocation submittals with BNSF (45 applications approved or pending), designed 10 miles of access roads within BNSF ROW, designed a long, deep bore relocation of Level 3/Century Link fiber line through Wasco, and led the CPUC applications for 14 new and modified crossings. JMA additionally performed independent technical review of the HST and associated project drainage for a 3+-mile segment through Wasco. BNSF approved the 100% submittals in early 2019 and substantial construction is underway with completion of the Poso shoofly expected in 2022.

At the 2019 general session of the American Railway Engineering and Maintenance of Way Association (AREMA), Jon Marshall co-presented with Michael Keating of BNSF and Antonio Canete of California Rail Builders the strategy the team developed for addressing the challenging technical considerations associated with the shooflies, and the team’s collaborative approach that achieved BNSF approvals in under 24 months, from alternatives analysis to structure and shoofly 100% approvals.

Firms Involved:
▪ JMA Civil
Relevance:
▪ Railroad Coordination
Year to be Completed
2022, ongoing
construction
Cost
$20 M
Reference
Michael Keating, Manager
of Engineering
BNSF Railway
4006 E. Vine Ave.

Fresno, CA 93725
[email protected]

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

1. Firm Qualifications 24

ADDITIONAL RELEVANT PROJECTS
To better illustrate our team’s depth of experience with grade separation projects, as well as our previous successful experience working together, we have included examples of a few additional recent projects:

Mount Vernon Viaduct at BNSF Intermodal Yard, SBCTA
Firms: Biggs Cardosa | Services: Program and Construction Management (PCM)
The scope of the Biggs Cardosa-led team consists of supporting SBCTA in managing all phases of the D/B contract to replace an aging 1,000-footlong bridge spanning over 22 BNSF and Metrolink tracks across the San Bernardino BNSF Intermodal Yard. The cost of the project is estimated at $140M and it is currently under construction.

G Street / BNSF Underpass, Merced
Firm: Biggs Cardosa | Services: Full Design and CM
Biggs Cardosa led the design team of the G Street Underpass. The project provided the City of Merced with its first grade separation of this heavily used rail corridor, improving safety, reducing noise and travel details, and providing reliable route for the City’s emergency services. This project received the 2012 ACEC California Honor Award in Engineering Excellence in the Transportation category.

Hamilton Station Pedestrian Overcrossing, Campbell
Firm: Biggs Cardosa | Services: Structural Engineering
Part of VTA’s Vasona Light Rail Project, this signature arch structure spans the UPRR line to connect the Hamilton Station Plaza with the elevated station platform. This project received the ACEC 2007 Merit Award for Engineering Excellence.

Tustin Ave / Rose Dr / BNSF Grade Sep., OCTA
Firms: Biggs Cardosa | Services: Full Design
Biggs Cardosa managed and designed one of five grade separation projects for OCTA’s Bridge Program. The project included an overhead structure over BNSF along with multiple concrete, masonry and MSE retaining walls totaling over 4,500 feet in length. This project received the 2017 ACEC California Honor Award in the Transportation Category.

Central Ave Bridge over UPRR/Amtrak/Metrolink, Montclair Firms: Biggs Cardosa Services: Full Design
Biggs Cardosa is the prime consultant leading a multidisciplinary team on this bridge design project. The project includes the replacement of a bridge that spans seven UPRR tracks, a flood control channel, and local streets. This project showcases the team’s recent and relevant experience working together with UPRR.

STAFF QUALIFICATIONS
Bradley Moody Memorial Underpass, Richmond
2 2. Staff Qualifications

STAFF QUALIFICATIONS
25 2
City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans Sarah Moyles PE 1
Structures Engineer
Key Personnel FIRMS

1. Biggs Cardosa: Project Management,
Structural Engineering

2. BKF: Civil, Roadway, Utility Coordination

3. Perkins & Will: Architectural Renderings,
Landscape Concepts, Urban Design

4. JMA: Railroad Coordination, Track Design

5. PARIKH: Geotechnical, Hazardous Waste
6: Hexagon: Traffic (if needed)

7. DJP: Environmental (if needed)
Shaun Sumpter, PE, SE 1
QA/QC Manager
Mahvash Harms, PE, SE1
Principal-in-Charge,
Project Manager
Jon Marshall, PE 4
Rail Manager
John Alciati, PE 1
Structures Engineer
CAHSR, UPRR, Caltrain
CPUC, Utility Companies
Regulatory Agencies
Residents & Businesses
Organization Chart KEY STAKEHOLDERS
Martin Bodemar, PE, SE1
Structures Lead
Natalina Bernardi, PE2
Civil PIC /Technical
Advisor
Jeffrey Elia, PE 6
Traffic Manager
Marcelo Cosentino, PE 2
Roadway Manager
Andrew Michel, PE 2
Utilities Engineer
Yao Lu, AICP, ENV, SP 3
Urban Designer
Mohammed
Abushaban, PE 4
Rail Engineer
David Wang, PhD, PE 5
Geotech Manager
Ashley Sun 3
Landscape Architect Davis Thresh, PLS 2
Survey/Right of Way Manager
Akoni Danielsen 7
Environmental
Manager
As with all our clients, Biggs Cardosa will be committed to the City of Morgan Hill with maximum efficiency and professional integrity.

If selected, our Key Personnel will be committed to the entire duration of the project from start to completion, and will not be replaced without the City’s prior approval. Our team has the depth of staff to deliver this project in an effective and timely manner. The availability of human and financial resources, the depth and breadth of our successful engineering experience for bridge projects, and the leading-edge technical expertise of our personnel give us maximum levels of capability and flexibility to provide the professional services required to complete this project on time and within budget. Our staffing plan assures availability of sufficient qualified staffing resources throughout the duration of the contract.

Anthony Notaro, PE 1
Technical Advisor

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

3. STAFF QUALIFICATIONS 26
Key Personnel

MAHVASH HARMS, PE, SE
Principal-in-Charge, Project Manager
years of experience in project
management and structural
engineering. leading multidisciplinary design teams on multi-million dollar public
transportation and infrastructure
projects. 25 years with Biggs
Cardosa
multi-million dollar pedestrian/
bicycle bridge and tunnel projects
in California, including 6 rail
crossings

SELECT RELEVANT PROJECT EXPERIENCE
Santa Clara Caltrain Station Pedestrian Undercrossing Extension at UPRR/Caltrain/ Amtrack, Santa Clara, CA
Bernardo Pedestrian Undercrossing at Central Expressway and Caltrain ROW, Mountain View, CA
SVBX Montague Expressway Pedestrian Overcrossing, Milpitas, CA Warm Springs BART West Access Ped. Bridge and Plaza, Fremont, CA Campbell Avenue Portals Project at Highway 17, Campbell, CA South Bayfront Pedestrian Bicycle Bridge over UPPR Right-of-Way, Emeryville, CA

REGISTRATION
Professional Engineer
(Civil) CA C31736
Structural Engineer
CA S2639

EDUCATION
B.S. Civil Engineering
San Jose State University
M.S. Civil Engineering
San Jose State University
30+
20+
heavy rail and lightrail projects
including UPRR, Amtrak, Caltrain,
BART and SMART
of projects are for Public Sector
clients including cities, counties and
transportation agencies
award-winning pedestrian/bicycle
projects in the last 5 years
15+
99%
5 REGISTRATION
Professional Engineer
(Civil) CA C57856
Structural Engineer
CA S4869

EDUCATION
B.S. Civil Engineering
Santa Clara University

MARTIN BODEMAR, PE, SE
Structures Lead
years of experience in project
management and structural
engineering, leading multidisciplinary design teams on various public transportation
and infrastructure projects. 25
years with Biggs Cardosa
of projects are for Public Sector
clients
28 99%
multi-million dollar signature
pedestrian/bicycle bridge and
tunnel projects in California,
including a recent award-winning
PUC
heavy rail and lightrail projects
including UPRR, Amtrak, Caltrain,
and BART
10+
15+

SELECT RELEVANT PROJECT EXPERIENCE
Santa Clara Caltrain Station Pedestrian Undercrossing Extension at UPRR/Caltrain/ Amtrack, Santa Clara, CA
California High Speed Rail, Construction Package 2-3, Fresno to Bakersfield, CA Jefferson Avenue Underpass, Redwood City, CA

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

3. STAFF QUALIFICATIONS 27

NATALINA BERNARDI, PE
Civil Principal-in-Charge/Technical Advisor
years of experience in project
management and civil
engineering. leading multidisciplinary design teams on multi-million dollar public
transportation and infrastructure
projects. 34 years with BKF
multi-million dollar grade
separation projects in California
including 12 rail crossings

SELECT RELEVANT PROJECT EXPERIENCE
Sunnyvale Caltrain Grade Separations Study, Sunnyvale, CA Marina Bay Parkway Grade Separation, Richmond, CA
City Place Grade Separations, Santa Clara, CA
Mission Boulevard/Warren Avenue, UPRR Railroad Relocation, Fremont, CA Kato Road Grade Separations, Fremont, CA

REGISTRATION
Professional Engineer
(Civil) CA C45407

EDUCATION
B.S. Civil Engineering
University of California,
Berkeley
37 50+
heavy rail and lightrail projects
including UPRR, Amtrak, Caltrain,
BART and SMART
of projects are for Public Sector
clients including cities, counties and
transportation agencies
award-winning grade separation
projects in the last 5 years
30+
90%
4 MARCELO CONSENTINO, PE
Civil Project Manager
years of experience in project
management and civil
engineering. leading multidisciplinary design teams on multi-million dollar public
transportation and infrastructure
projects. 15 years with BKF.
multi-million dollar grade
separation projects in California
including 12 rail crossings

SELECT RELEVANT PROJECT EXPERIENCE
Morgan Hill High Speed Rail EIR Support, Morgan Hill, CA Eastridge to BART Regional Connector (Capitol Expressway LRT Extension), San Jose, CA
TAMC Salinas Rail Kick-Start, Salinas, CA
Mission Boulevard/Warren Avenue Grade Separations and UPRR Railroad Relocation, Fremont, CA
Kato Road Grade Separation, Fremont, CA

REGISTRATION
Professional Engineer
(Civil) CA C9063

EDUCATION
B.S. Civil Engineering
Santa Clara University
M.B.A. San Jose State
University
24 25+
heavy rail and lightrail projects
including UPRR, Amtrak, Caltrain,
BART and SMART
of projects are for Public Sector
clients including cities, counties and
transportation agencies
award-winning grade separation
projects in the last 5 years
15+
98%
3

City of Morgan Hill Grade Separations | Proposal for 30% Engineered Design Plans

3. STAFF QUALIFICATIONS 28

JON MARSHALL, PE, QSD/QSP
Rail Manager
years of experience in in
railroad facility design,
consulting, and general civil
engineering; 10 years with JMA
20 years of experience
designing projects for and
impacting Union Pacific
Railroad
of Jon’s portfolio is rail related,
public sector projects.

SELECT RELEVANT PROJECT EXPERIENCE
High-Speed Rail CP1 UPRR Shoofly Design, Fresno, CA
CA High-Speed Rail Construction Package 4 (CP4), Wasco, CA Caltrain Underpass Studies, Whipple, South Linden and Scott, Redwood City, CA Laurel Street Grade Separation, Colton, CA
Design Support of City of Brisbane Comments on the CA High-Speed Rail San Francisco to San Jose Segment EIR

REGISTRATION
Professional Engineer
(Civil) CA 63424
Qualified SWPP
Developer/Practioner
(QSD/QSP)

EDUCATION
B.S. Civil Engineering
University of Waterloo
24 20+
75%
railroad projects in his career,
primarily with UPRR and BNSF
Railway. He has led the CPUC
coordination role for several dozen
rail grade separation and at-grade
crossing improvement projects.

AREMA Annual Conference General
Session Presenter where he
discussed the challenging technical
considerations of the UPRR and
BNSF Shooflies from the California
High-Speed Rail projects.
200+
2X

From: Christina Turner
To: Michelle Bigelow
Subject: Wednesday, June 26, 2024 City Council Meeting Questions Supplement for Item 1 - APPROVE A CONSULTANT AGREEMENT WITH BIGGS CARDOSA ASSOCIATES, INC. FOR THE COMPLETION OF DESIGN AND ENGINEERING WORK FOR GRADE

SEPARATIONS FOR DUNNE AND TENNANT AVENUE AND DOWNTOWN CALTRAIN STATION PEDESTRIAN CROSSING FOR THE NOT TO EXCEED AMOUNT OF $2 MILLION, INCLUDING A CONTINGENCY OF $200,000
Date: Monday, June 24, 2024
Staff Report: In January 2024, the City of Morgan Hill was awarded $1 million by the California Department of Transportation (DOT) for grade separation design and engineering work at the railroad crossings and the pedestrian crossing at the Caltrain Station. In addition to the DOT grant, the City received earmarks from the Federal Railroad Administration (FRA) for an additional $1 million for grade separations, $500,000 for Quiet Zones, and $500,000 for the widening of US Highway 101. The FRA funding requires a 20% match and can be satisfied by the time the City staff worked on the project. The DOT grant does not require a match and may also be used to meet the 20% match requirement from the FRA grant.

Question: It appears that all the awards and grants cover the expenditures of this project, correct? Response: Yes, the Grant from the State DOT does not require City funds. We will utilize the funding from the State Grant to cover the 20% match requirement for the Federal Railroad Administration DOT (FRA) funds.

2 CITY COUNCIL STAFF REPORT
MEETING DATE: June 26, 2024
PREPARED BY:

Joey Dinh, Associate Planner
APPROVED BY: City Manager

APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVERS AND

DENY CONCESSION REQUEST FOR THE BARNELL - HAREN

PROPERTIES LLC RESIDENTIAL PROJECT AT BARNELL AVENUE

AND DUNNE AVENUE (LJ COMMONS)

RECOMMENDATION(S)
Adopt resolution approving the request for four waivers and denying the request for a concession to the City's Objective Development Standards for residential development.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Preserving and Cultivating Public Trust
Advocating for Local, Regional, and State Legislative Initiatives 2024-2025 Strategic Priorities
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Barnell-Haren Properties, LLC (LJ Commons) has applied for a Design Permit for the development of a 4-unit multifamily development with two detached accessory dwelling units (ADUs) for a total of 6 units to be developed on a 0.2-acre parcel located on Barnell Avenue, approximately 0.07 miles south of its intersection with Dunne Avenue (APN 767-12-012). The proposed project is within the GeneraPlan's's Residential Attached Medium designation, which allows a residential density of 16–24 units per acre. The project provides one unit (or 17 percent of the project) to be restricted for-sale to qualified buyers with a low income. This allows the project to be eligible for a density bonus under California Density Bonus Law (DBL) per Government Code Section 65915[b] and Section 65915[f]. By meeting the eligibility requirements of DBL, the project would qualify for two incentives or concessions and an unlimited number of waivers or reductions in development standards that could have the effect of preventing the project from constructing at its allowed density. Under State law, projects that include certain levels of affordable housing are entitled to receive concessions and

2 waivers based on the number of affordable units and level of affordability provided within the project. The project is not requesting a density bonus. A complete list of requested waivers and concessions has been provided (Attachment 2).

THE PROJECT:

There will be three buildings on-site. Building A will contain one 1,238-square-foot unit, Building B will contain three units of approximately 867 square feet, and Building C will contain five 1-car garages with two ADUs on the second floor. All units will be two stories. The project will provide a shared common area in the rear of the buildings with a barbecue grill, picnic table, and shaded landscaping. One electric vehicle charging station and one ADA parking space will also be on-site. The seven total on-site parking spaces are consistent with AB 2097, which grants reduced parking requirements for residential projects with less than 20 housing units and is located within 1/2 mile of Monterey Road, which is considered a high-quality public transit corridor due to Valley Transportation Agency (VTA) bus route 68 providing 15-minute headways [Gov. Code §65863.2(c)(2)]. A request for reduced parking calculation under DBL does not require a concession or waiver and may be granted by the City once the project is deemed complete. The project will meet this reduced parking requirement by providing five covered parking spaces (garages) and two uncovered spaces on-site for a total of seven parking spaces.

As proposed, the project includes one unit, or 17% percent affordable units for persons and families of low income, and is consistent with the General Plan. Government Code Section 65915(d)(2)(B) requires the City to grant up to two incentives or concessions and an unlimited amount of waivers unless the City makes specific written findings described below. Concessions and waivers must be approved, even if the project is not requesting an increase in density. Waivers are a form of assistance under State law, separate from incentives/concessions. A waiver is a reduction or modification of “development standards” and other regulations when those requirements potentially make the project's construction physically infeasible if not approved. Unlike concessions and incentives, there is no limit to the number of waivers an applicant can request, and applicants are entitled to a waiver of any and all development standards that would physically preclude the development at the density permitted and with the incentive(s) granted. [Gov. Code §65915(e)(1) and §65915(e)(2)" “Development standards” include a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. [Gov. Code §65915(o)(2)]. Waivers are automatically allowed if they are necessary to achieve the full density allowed under the State Density Bonus Law.

Concessions are similar to waivers but focus on cost reduction as the barrier to development. This project is entitled to up to two concessions and unlimited waivers and is requesting one concession and four waivers. A complete project description and list of requested waivers has been provided (Attachment 2).

The project plans are available here: LJ Commons Plan Set.

2 CONCESSION REQUEST:

Concession: Park Dedication and Impact Fees. Barnell-Haren Properties, LLC is requesting a concession to waive all park dedication and impact fees relating to the project.

WAIVER REQUEST:

Waiver: Reduction in Minimum Rear Setback. Barnell-Haren Properties, LLC is requesting a waiver or reduction in the rear setback requirements applicable in the Residential Attached Medium (RAM) zone from 20 to 15 feet. This waiver is necessary because the application of a 20-foot front setback requirement would physically prevent the project from being built at its permitted density.

The Residential Attached Medium (RAM) District requires a minimum of 20 feet rear setback. The project is requesting a minimum of 15 feet front setback. The rears of the proposed residential buildings will be approximately 15 feet from the rear setback line.

On the other side of the rear property line is a neighboring single-family attached to a common landscaped area and also a parking lot.

Waiver: Parking Lot Layout. Barnell-Haren Properties, LLC is requesting a waiver or reduction in the parking lot layout requirement of Residential Design Standard, Number

19. This design standard requires parking areas for a multifamily project to be dispersed throughout the project in small segmented parking areas as opposed to the creation of a large single parking lot. Parking would also be required to be located in the interior of or at the back of the site, not visible from the street. This waiver is necessary because the application of a parking lot layout requirement would physically prevent the project from being built at its permitted density.

Waiver: Front Porches. Barnell-Haren Properties, LLC is requesting a waiver or reduction in the requirements related to front porches (Residential Design Standard Number 25). This design standard requires 50 percent of the homes facing either a street or common interior courtyard to include a front porch on the ground floor that is a minimum size of 6 feet by 5 feet or 30 square feet. The proposed project will include porches for all four units that are smaller than the minimum requirement. Three units will have a 2-foot by 4-foot porch, and one unit will have a 3-foot by 5-foot porch. Larger porches could not be accommodated without physically preventing the project from being built at its permitted density.

Waiver: Balconies. Barnell-Haren Properties, LLC is requesting a waiver or reduction in the requirement related to balconies (Residential Design Standard Number 26). This design standard requires 25 percent of homes facing a street, alley, or common interior courtyard to include a balcony overlooking the common area with a minimum size of 6 feet by 4 feet. The project is not proposing to accommodate any balconies as this would affect the design of the project and prevent the project from being built at its permitted density.

Can the Agency Deny a Concession/Incentive or Waiver?
Yes. Nothing within DBL requires a local government to grant an incentive or waiver that

2 will potentially result in a specific, adverse impact upon public health, safety, the environment or on any property listed in the California Register of Historic Resources. [Gov. Code §65915(d)(1) and §65915(e)(1)]. In addition, the State Density Bonus Law does not require a local government to provide direct financial incentives such as waiving of any fees or dedication requirements. [Gov. Code §65915(l)]. Therefore, staff recommends denying the applicant's concession request to waive all park dedication and impact fees.

How Do You Determine Physical Infeasibility? Waiver requests must be accompanied by sufficient documentation to demonstrate that the usual development standards would physically preclude development of the project with a density bonus. Furthermore, while the developer must justify the need for a waiver, a pro forma (or other similar analysis) is not required. An example of sufficient documentation is a written explanation of the requested waiver(s) and plans demonstrating the constraints of the project site. [Gov.

Code §65915(a)(2)]. This has been provided in Attachment 2 and the linked plans.

Under Government Code 65915(e)(1), the city shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:

A. The waiver would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B. The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

C. The waiver would be contrary to state or federal law.

Staff is unable to make any of these findings for the waiver requests. Staff recommends approval of the four waivers requested by the developer. However, given that the State Density Bonus Law does not require a local government to provide direct financial incentives, staff recommends denying the applicant's concession request to waive all park dedication and impact fees.

Next steps for the project include administrative review of the Design Permit by the Development Services Director.

COMMUNITY ENGAGEMENT:

When the City has completed its review of the Design Permit for the proposed project, the project will be publicly noticed with mailing to property owners within 300 feet of the project, newspaper legal noticing, and a sign posted on the project site pursuant to the Planning Division requirements.

ALTERNATIVE ACTIONS:

City Council may find the project request to not be consistent with Government Code Section 65915(e)(1). City Council may choose to provide a concession for reduced park dedication and impact fees. However, this would require the General Fund to offset

2 some of the impact fees to ensure the City can build adequate infrastructure to support the development.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

None.

FISCAL AND RESOURCE IMPACT:

Review costs for this project are paid for from development processing fees.

CEQA (California Environmental Quality Act):

An analysis pursuant to CEQA Guidelines will be prepared to identify and analyze potential environmental impacts of the proposed project.

RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORGAN HILL APPROVING 4 DEVELOPMENT
STANDARD WAIVERS AND DENYING 1 CONCESSION

FOR THE BARNELL-HAREN PROPERTIES LLC (LJ
COMMONS) RESIDENTIAL PROJECT CONTAINING 17

PERCENT AFFORDABLE UNITS LOCATED SOUTHWEST

OF THE INTERSECTION OF BARNELL AVENUE AND
DUNNE AVENUE (APN 767-12-012).

WHEREAS, Haren Properties, LLC submitted an application for LJ Commons (Project) a multi-family residential development project consisting of four multi-family apartments and two detached accessory dwelling units.

WHEREAS, Haren Properties, LLC has requested four waivers and one concession for the housing development.

WHEREAS, the Project is a market rate housing development that includes 17 percent of the units to be restricted for-sale to qualified buyers with low incomes (1 low income unit).

WHEREAS, pursuant to Government Code Section 65915(d)(2)(B), at least 17 percent of the total units will be available to persons and families of low income in a common interest development and therefore, is allowed two concessions and unlimited waivers.

WHEREAS, the city shall grant the waiver requested by the applicant unless the city makes a written finding as required by Government Code Section 65915(e)(l), based upon substantial evidence, of any of the following:

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

The waiver or reduced development standards would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or the waiver or reduction would be contrary to state or federal law.

WHEREAS, pursuant to Government Code Section 65915(l), the City is not required to provide direct financial incentives for a housing development, including the provision of publicly owned land, by the city, , or the waiver of fees or dedication requirements WHEREAS, the proposed project will provide a public benefit of a minimum of 17 percent of affordable units, for persons and families of low income, incorporated within the LJ Commons project located at southwest of the intersection of Barnell Avenue and Dunne Avenue and identified by Assessor's Parcel No. 767-12-012.

City of Morgan Hill
Resolution No. 24-xx

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. The City Council does hereby find that the foregoing recitals are true and correct.

Section 2. The project is consistent with the Zoning Ordinance and General Plan.

Section 3. The project is eligible for the proposed waivers per the Municipal Code Section 18.48.050 within the Municipal Code.

Section 4. The City Council of the City of Morgan Hill hereby approves the waiver request for the Barnell – Haren Properties LLC (LJ Commons) project.

Section 5. The City Council of the City of Morgan Hill hereby denies the concession request for the Barnell – Haren Properties LLC (LJ Commons) project.

Section 6. Thisresolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the 26th day of June 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

ATTEST:

CERTIFICATION
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 24-XXX, adopted by the City Council at a regular meeting held on June 26, 2024.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

20785440.1
May 14, 2024
AttentionJoey Dinh
Associate Planner
City of Morgan Hill
17575 Peak Ave.

Morgan Hill, CA 95037
RE: LJ Commons – SB330 Project Narrative
(SR2023-0015/EA2023-0007)
Haren Properties LLC is in receipt of the City of Morgan Hill's comments on the above application.

Please see below for a written description of the revised project, which includes a revised project description, the scope of work for which entitlement review is being requested, and revisions to the application in response to the City's comments.

Project Description
This 0.2-acre vacant lot (Assessor's Parcel Number: 767-12-012) is located between 16915 and 16935 Barnell Avenue, just a short walk south of West Dunne Avenue near Downtown Morgan Hill. It is within

0.5 miles of the public transportation stop at the intersection of West Dunne Avenue and Monterey Road.

This four-unit multiplex project is well integrated with the existing multifamily homes in the RAL-zoned neighborhood.

The project is anticipated to construct a four-unit multiplex with two detached accessory dwelling units (ADU’s) and five separate one-car parking garage stalls. The dwelling units will be two stories and range in size from 867 to 1,238 square feet, with 2 to 3 bedrooms and 1.5 to 2.5 bathrooms. The detached ADU units will be located atop the five-car parking garage and will include a 747 square feet with 2 bedrooms and 2 bathrooms, as well as another ADU unit with 702 square feet with 2 bedrooms and 1 bathroom.

Residents of the units will each have their own private backyards, with the exception of the Accessory Dwelling Units (ADU), which will have access to a shared common area with amenities such as a barbecue grill, picnic table, and shaded trees. This will provide a place for residents to gather and enjoy each other's company. Enhanced landscape design will add beauty to the surrounding community.

Drought-tolerant planting will be used along the perimeter of the property and in the frontage, which will help to conserve water during this time of critical need. All units will be powered by electricity and meet the Sustainable Design requirements as an environmentally friendly project. In an effort to provide longlasting sustainability, each unit will be equipped with solar paneling and electric vehicle charging stations in the garages. This will continue the move towards the use of clean energy.

Entitlement and Design
One Below Market Rate Unit Will Be Provided Pursuant to State Density Bonus Law Pursuant to Residential Design Standard No.1, the applicant intends to build one inclusionary below market rate unit, which is identified on the IHO checklist and architectural plans as unit “#4”. The BMR unit will be rented to a lower-income household pursuant to the City's BMR rental program. By providing one BMR unit that will be affordable to a lower-income household, the project is eligible for waivers of development standards and concessions pursuant to state density bonus law, to facilitate the production of affordable housing at a cost and density threshold that is feasible to construct. The project is eligible for

20785440.1
two concessions given that 17% of the base units will be affordable to a lower-income household. (Gov.

Code § 65915(d)(2)(C).)
Waivers of Development Standards
As noted in the attached application response, waivers to the following development standards are required, as their application would have the effect of physically precluding the construction of the proposed project at the densities permitted by state density bonus law (Gov. Code § 65915(e)). State density bonus law carries the presumption that any proposed waivers and concessions are needed to facilitate the proposed density and provision of onsite affordable units. State density bonus law imposes no requirement to supply financial backup to support the grant of cost-reduction incentives and concessions, or waivers of development standards.

Rear Setback of Property – Residential Design Standard No. 3 the property is zoned RAL 3500, however, under the general plan designation the property is zoned RAM. Whenever a requirement of an overlay zone or combining district conflicts with a requirement of the underlying base zone, the overlay zone or combining district requirement shall control. The project requests a waiver of Design Standard No. 3, because based on the constraints of the project layout the application of Standard No. 3 would preclude the project from proceeding at the level of density authorized under state density bonus law.

Parking Lot Layout – Residential Design Standard No. 19 provides that parking for the project should be dispersed throughout the project in smaller segmented parking areas, rather than the creation of a large parking lot, and that parking should be located interior to or at the back of the site where it is not visible to the street. The project requests a waiver of Design Standard No. 19 because, based on the narrow, rectangular geometry of the parcel, having dispersed or rear parking would reduce the number of units that could be built onsite and would preclude the development from proceeding at the level of density authorized under state density bonus law.

Front Porches – Residential Design Standard No. 25 provides that 50% of homes facing a street or common interior courtyard should include a front porch on the ground floor with a minimum size of 6 feet by 5 feet. The project requests a waiver of Design Standard No. 25 because, based on the narrow, rectangular geometry of the parcel, the project cannot physically accommodate larger porches. Larger porches would require other adjustments to the City's development standards, such as a reduction to the interior side setback, in order to physically accommodate the proposed units.

Balconies – Residential Design Standard No. 26 provides that 25% of homes facing a street, alley or common interior courtyard include a balcony overlooking a common area with a minimum size of 6'x4'. The project requests a waiver of Design Standard No. 26 for the same reasons above. The project site is physically constrained and balconies cannot be physically accommodated onsite without other adjustments to the City's development standards, such as a reduction to the interior side setback in order to physically accommodate the proposed units.

Incentives and Concessions
State density bonus law requires the issuance of incentives or concessions that will result in identifiable and actual cost reductions, to provide for the additional cost of providing affordable housing. (Gov. Code § 65915(k).) Concessions may include reductions in development standards, approval of mixed-uses in conjunction with housing, or any other regulatory incentives or concessions that result in identifiable cost reductions.

20785440.1
This project is eligible to receive two incentives or concessions, as the project is a rental project that reserves at least 17 percent of the base units to be affordable for lower-income households. (Gov. Code § 65915(d)(2)(C).) The project will set aside one of the six base units (Unit D) to be affordable for lowerincome households and therefore is eligible for up to two incentives for reserving 17% of the base units to be affordable to a lower-income household.

The project currently requests one concession, to waive all park dedication and impact fee requirements for the project; this concession will result in actual cost savings to make the provision of affordable housing more financially feasible. The applicant reserves the right to propose one additional concessions for the project prior to it being considered for approval. * * *
We look forward to working with the city on this development project. Our team is committed to building a housing development that meets the needs of our community and exceeds expectations. We will use only the highest-quality materials and construction techniques to build a housing development that is safe, durable, and comfortable for the residents of Morgan Hill.

From: Christina Turner
To: Michelle Bigelow
Subject: Wednesday, June 26, 2024 City Council Meeting Questions Supplement for Item 2 - APPROVE OBJECTIVE DEVELOPMENT STANDARD WAIVERS AND DENY CONCESSION REQUEST FOR THE BARNELL – HAREN PROPERTIES LLC RESIDENTIAL PROJECT AT

BARNELL AVENUE AND DUNNE AVENUE (LJ COMMONS)
Date: Monday, June 24, 2024
Staff Report: A request for reduced parking calculation under DBL does not require a concession or waiver and may be granted by the City once the project is deemed complete.

Question: The “may be granted” wording means it will come back to the Council for approval, correct?
Response: This project will not be coming back to Council unless appealed to Planning Commission and again to City Council.

Staff Report: The project will meet this reduced parking requirement by providing five covered parking spaces (garages) and two uncovered spaces on-site for a total of seven parking spaces.

Question: What is the required parking per City ordinance? Response: Under the Municipal Code, a total of 10 spaces would be required but our Code is preempted by AB2097 which allows a project within 1/2 mile of Monterey to have zero parking spaces. The applicant is providing parking for all units in the development.

3 CITY COUNCIL STAFF REPORT
MEETING DATE: June 26, 2024
PREPARED BY:

Rebecca Garcia, Housing Director
APPROVED BY: City Manager
APPROVE REQUEST BY EDEN HOUSING, INC. (EHI) TO WAIVE THE 2023 ANNUAL SURPLUS PAYMENT TO CITY FOR VILLA CIOLINO

AFFORDABLE APARTMENTS TO MAKE NECESSARY REPAIRS

RECOMMENDATION(S)
Authorize the approval of a waiver for the receipt of the 2023 annual payment from Villa Ciolino's surplus cash in the amount of $101,197 to support the property's urgent rehabilitation needs.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining and Enhancing Infrastructure
Advocating for Local, Regional, and State Legislative Initiatives 2024-2025 Strategic Priorities
Affordable Housing and Homelessness
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

Eden Housing is requesting that the City of Morgan Hill consider waiving the 2023 surplus cash distribution payment of $101,197 to help support the projected costs for urgent repairs. In 2000, the former Redevelopment Agency of the City of Morgan Hill (RDA) provided a loan of $2,375,000 for the development of Villa Ciolino Apartments ("The Property"), a 42-unit affordable housing project.

Villa Ciolino Associates ("The Partnership") is a California limited partnership formed in 1999. The Partnership is controlled by its general partner, Villa Ciolino LLC, whose sole member, Eden South Bay Inc., is under the control of the board of directors of Eden Housing, Inc. (EHI), a nonprofit public benefit corporation. Various loan, regulatory, and other agreements dictate the maximum income levels of new tenants and provide rent and other restrictions through the year 2054. The families that live here have incomes that range from $22,700 to $82,850 for a family of four.

EHI seeks approval to waive the 2023 surplus cash distribution owed to the City of

3 Morgan Hill. The diversion of funds is solely intended to help cover the projected capital needs, a benefit to the City as it will keep the affordable inventory in good condition. The City of Morgan Hill's housing policy towards its multifamily housing partnerships is to provide stewardship to guarantee investment and re-investment in quality, long-term housing stock. This generally results in supporting nonprofit partners as they raise rehabilitation dollars to renovate aging structures in the City of Morgan Hill. The City must consent to a waiver because the Loan Agreement requires this payment.

The requested waiver of the 2023 annual surplus payment will allow EHI to implement urgent capital needs at the Villa Ciolino Apartments quickly. EHI has a longer-term goal to continue to apply for and seek out Tax Credit and Bond Funds to do a full resyndication for the entire property (a much larger scale rehab of the property in 2025); however, these funds are competitive and not guaranteed. EHI has applied in previous years and has not been awarded the funds, which has delayed many of the site's capital needs.

EHI plans to use the surplus cash payment of $101,197 to help pay for replacing the roof and fence at Villa Ciolino. The roof has exceeded its useful life and is currently leaking. The fence is in disrepair, and replacing it will improve the property's appearance. The property currently has approximately $136,000 in replacement reserves, but the roof replacement alone is estimated to cost $240,000, and the fence replacement is estimated to cost $44,000. EHI is asking for the City's support of $101,197, which is the amount that would typically be paid to the City as part of the 2023 annual payment from the project's surplus cash. EHI will waive the distribution of surplus cash owed to themselves to support the repairs needed on the property. Staff recommends waiving the annual payment to support the immediate repairs and improve the integrity of the buildings.

COMMUNITY ENGAGEMENT:

This report is intended to inform the Morgan Hill community of the recommended waiver of the 2023 surplus cash payment due to the City of Morgan Hill from Villa Ciolino Associates.

ALTERNATIVE ACTIONS:

As an alternative action, the City Council may decide not to approve the waiver of the 2023 surplus cash payment, forego the improvements to the property, and require the Partnership to make the $101,197 payment.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On December 16, 1999, the former Morgan Hill Redevelopment Agency entered into an agreement with South County Housing for the development of Villa Ciolino. A first amendment to the loan agreement was entered into on October 30, 2000. On February 16, 2022, the City Council approved Eden Housing’s request to waive the 2020 annual surplus payment for Villa Ciolino affordable apartments to make necessary property repairs.

3 FISCAL AND RESOURCE IMPACT:

With the execution of the waiver, the City is anticipated to forego the $101,197 loan repayment to the Housing Program. The City will continue to receive future annual repayment through residual receipts for the remainder of the term, April 2054.

CEQA (California Environmental Quality Act):

This project is Categorically Exempt pursuant to Section 15301 of CEQA Guidelines as proposed repairs, maintenance, and minor alteration of existing facilities involving no expansion of existing use will not have a significant effect on the environment.

22645 Grand Street | Hayward, CA 94541 | Tel: 510-582-1460 | edenhousing.org Broker License No. 872400
June 12, 2024
Rebecca Garcia
Housing Manager
17575 Peak Ave
Morgan Hill, CA 95037
Re: Villa Ciolino Associates
Villa Ciolino Apartments
2023 Annual Payment from Surplus Cash
Dear Ms. Garcia,
Villa Ciolino Associates (the “Partnership”) is the owner of Villa Ciolino Apartments, a 42-unit affordable housing complex for families originally built in 2001 located at 80 Ciolino Avenue Morgan Hill, CA 95037 (the “Property”). Eden Housing is the sponsor, developer, and property manager of the Property.

The Partnership has a loan from the City of Morgan Hill in the principal amount of $2,375,000 which bears a 4% simple interest with payments made from excess/distributable cash.

The Property currently has an extensive list of urgent capital needs, including but not limited to:
- Leaking roof that is beyond repair and has passed its useful life. - Dry rot fence.

The Property currently has approximately $136,000 replacement reserves but the roof replacement is estimated to cost $240,000 and the fence replacement is estimated to cost $44,000.

Therefore, we respectfully request the City of Morgan Hill for the following:
- A waiver of the 2023 annual payment from surplus cash of $101,197 due to the City (Eden Housing has waived distributions from surplus cash owed to Eden Housing since 2023 to support the Property)
We thank you for your continued partnership. Should you have any questions, please contact Quyen Nguyen at (510) 247-8139 or via e-mail at [email protected].

Sincerely,
Quyen Nguyen
Asset Manager

4 CITY COUNCIL STAFF REPORT
MEETING DATE: June 26, 2024
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager

APPROVE THIRD AMENDMENT TO AGREEMENT WITH CITY OF

GILROY FOR PROVIDING STAFF SERVICES

RECOMMENDATION(S)
Authorize the City Manager to execute the Third Amendment to the City of Gilroy Staff Services Agreement for Stormwater Permitting Requirements and Environmental Management Services.

COUNCIL PRIORITIES, GOALS & STRATEGIES
2024-2025 Strategic Priorities
Fiscal Sustainability
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land REPORT NARRATIVE:

The purpose of this item is to provide the City Council with an opportunity to consider an amendment to the City’s staff services agreement with the City of Gilroy that would extend Stormwater Program and Environmental Management services for an additional year through FY 2024-25 (see Attachment 1). The Third Amendment to the Agreement would provide a 30-hour per week temporary staff person to support the coordination of Gilroy's Stormwater Program as well as ongoing Environmental Program management by the City of Morgan Hill.

Since 2015, the City of Morgan Hill has shared a full-time Environmental Programs Coordinator with the City of Gilroy to run the Stormwater Program in both cities. Gilroy has reimbursed the City for 50 percent of the Environmental Programs Coordinator position and associated overhead costs. This shared staff arrangement has resulted in efficient and effective use of resources to achieve stormwater compliance over the past nine years. As stormwater requirements have grown, both Morgan Hill and Gilroy have supplemented with consultant work and in-house interns to meet the increasing needs of the program. In January 2021, the City of Morgan Hill hired a part-time temporary Environmental Services Technician to provide additional focused help in meeting Water Board expectations for Stormwater Program compliance. The City of Gilroy determined that they also required additional Stormwater Program support and so, in addition to the shared Environmental Services Coordinator, the City has also shared an Environmental

4 Services Technician in fiscal years 2022-23 and 2023-24.

As the current Staff Services Agreement has neared the end of its term, the City of Morgan Hill and Gilroy have determined that focused in-house staff and program oversight is the best way to address increasingly complex environmental regulations and associated program needs. As such, Gilroy has begun recruiting for their own Environmental Programs Manager and has requested continued environmental programs staff support services from the City of Morgan Hill while they transition their environmental programs to an in-house setup over the coming 2024-25 fiscal year. The Third Amendment to the Agreement is intended to provide the requested transitional staffing for Gilroy in FY 2024-25 and also updates the agreement to include revised bill rates for Environmental Services Division staff plus related expenses.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the community of the proposed third amendment to the agreement with City of Gilroy for providing staff services.

ALTERNATIVE ACTIONS:

The City Council could decline to approve the Third Amendment to the Staff Services Agreement with Gilroy. In this case, the City of Morgan Hill would be unable to fulfill Gilroy's request for continued environmental staff services while they transition to an inhouse staffing setup.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

On March 16, 2015, the City entered into an agreement to provide staff services for the implementation of stormwater permitting requirements and environmental services through June 30, 2019.

On May 15, 2019, the City Council approved the First Amendment to the Agreement to extend the term of the Agreement for another five years through June 30, 2024.

On April 20, 2022, the City Council approved the Second Amendment to the Agreement to increase staffing to include a shared Environmental Services Technician to support the Stormwater Programs in both cities.

FISCAL AND RESOURCE IMPACT:

As indicated in Exhibit B of the Third Amendment to the Agreement, payments from the City of Gilroy to the City of Morgan Hill for staff services in FY 2024-25 are estimated at $178,542. The budget approved by the Council on June 19, 2024, includes the updated recommendation to increase revenue by approximately $153,500 and an increase in expenses of approximately $110,000. This will result in a positive net impact on the City’s General Fund.

Completing work for the City of Gilroy is included in the work program of the Public Services Department.

4 CEQA (California Environmental Quality Act):

Not a Project.

This is an organizational/administrative action that will not result in direct or indirect physical changes to the environment.

THIRD AMENDMENT TO AGREEMENT

FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION OF STORMWATER

PERMITTING REQUIREMENTS AND ENVIRONMENTAL SERVICES TO THE CITY OF GILROY
This THIRD AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by and between the CITY OF GILROY, a municipal corporation (“GILROY”), and the CITY OF MORGAN HILL, a municipal corporation (“MORGAN HILL”).

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Third Amendment to Agreement is entered into based upon the approval of the City of Morgan Hill City Council on ___________, 2024, and the City of Gilroy City Council approval on ____________, 2024.

2. GILROY and MORGAN HILL entered into that “Agreement for Providing Staff Services for the Implementation of Stormwater Permitting Requirements and Environmental Services to the City of Gilroy” (“STAFF SERVICES AGREEMENT”) to provide staff services on March 16, 2015.

3. GILROY and MORGAN HILL then entered into a “First Amendment to Agreement” made as of June 17, 2019, based upon the approval of the City of Morgan Hill City Council, and the City of Gilroy City Council extending the term to June 30, 2024, and increasing the reimbursable compensation under the STAFF SERVICES AGREEMENT.

4. GILROY and MORGAN HILL entered into a “Second Amendment to Agreement” made as of July 21, 2022, based upon the approval of the City of Morgan Hill City Council, and the City of Gilroy City Council, whereby the statement of costs, termination and waiver clauses were amended, and a new Exhibit A and Exhibit B incorporated. The STAFF SERVICES AGREEMENT, the First Amendment, and Second Amendment thereto are attached as Exhibit “1”.

5. GILROY and MORGAN HILL have agreed to a new staffing structure that will provide the services of a three-quarter-time staff position at the temporary Environmental Coordinator level to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN HILL' s costs incurred to employ this position.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended and attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Section 2 shall be amended and replaced in its entirety by the following:
“Section 2. TERM.

This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate on June 30, 2025, unless this AGREEMENT is amended, or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this Agreement.”

B. Section 3 shall be amended and replaced in its entirety by the following:
“Section 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits, field work supplies for use while in GILROY (e.g., PPE, boots, rain gear, inspection tools, etc.), and training and travel expenses. The terms related to staff resources to be provided by MORGAN HILL, as well as estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT “A” and REVISED EXHIBIT “B,” respectively, which are attached hereto. Cost estimates are for budgetary purposes only and are not intended to limit the parties’ obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $54,441 for FY 2014/2015; $94,614 for FY 2015/2016; $100,750 for FY 2016/2017; $107,341 for FY 2017/18; $114,423 for FY 2018/2019; $121,854 for FY 2019/2020; $130,036 for FY 2020/2021; $138,835 for FY 2021/2022; $187,097 for FY 2022/2023; $194,663 for FY 2023/2024; and $178, 542 for FY 2024/2025 unless MORGAN HILL has notified GILROY in writing that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees in writing that a change in the amount is warranted.”

2. Electronic Signatures. Unless otherwise prohibited by law or by GILROY or MORGAN HILL policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature.

The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format.

The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by GILROY or MORGAN HILL.

3. Conflicts. In the event of a conflict between the terms and provisions of this Third Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, as amended, the terms of this Third Amendment to Agreement shall govern and control.

4. Authority to Execute. The individuals who are signing this Third Amendment to Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Third Amendment to the Agreement.
//
//
[Signatures on the Next Page]

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

CITY OF GILROY, a municipal corporation
_________________________________
Jimmy Forbis
City Administrator
GILROY
APPROVED AS TO FORM:
_________________________________
Andy Faber
City Attorney
ATTEST:
_________________________________
Beth Minor
Interim City Clerk

MORGAN HILL
APPROVED AS TO FORM:

Donald Larkin
City Attorney
_________________________________

CITY OF MORGAN HILL,
a municipal corporation
__________________________________
Christina Turner
City Manager
ATTEST:
________________________________
Michelle Bigelow
City Clerk

REVISED EXHIBIT B
Cost Estimate
24-25
Staff (30hr/week) $107,640
Indirect Service Charges $2,153
Training $1,000
Cell Phone $0
Mileage Reimbursement $250
Field Work Supplies/PPE $400
Total Staff and Supplies $111,443
Management Staff (25% FTE) $65,784
Indirect Service Charges $1,316
Total Management $67,100
Total $178,542

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D 1014- 6LI_ I S _0 I

SECOND AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE

IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND

ENVIRONMENTAL SERVICES TO THE CITY OF GILROY
7/ zl/ 2oz2
This SECOND AMENDMENT TO AGREEMENT is entered into and becomes effective on April 20, 2022 ( Effective Date), by and between the CITY OF GILROY, a municipal corporation (" GILROY"), and the CITY OF MORGAN HILL, a municipal corporation (" MORGAN HILL").

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Second Amendment to Agreement is entered into based upon the approval of the City of Morgan Hill City Council on April 20, 2022 and the City of Gilroy approval on April 18, 2022

2. GILROY and MORGAN HILL entered into that Agreement to provide staff services ( STAFF SERVICES AGREEMENT) on March 16, 2015.

3. GILROY and MORGAN HILL entered into a " First Amendment" on June 17, 2019, extending the length of the STAFF SERVICES AGREEMENT and adding reimbursement amounts for the extended term.

The STAFF SERVICES AGREEMENT and the First Amendment thereto are attached as Exhibit " 1" to this Second Amendment.

4. MORGAN HILL has hired a half time Environmental Services Technician in 2021 to provide additional help in meeting Water Board expectations for Stormwater Program compliance, and has agreed to hire a full-time Environmental Services Technician to also provide half-time Environmental Services Technician staff services to GILROY; and

5. GILROY and MORGAN HILL have agreed that MORGAN HILL will provide the services of a second half-time staff position at the Environmental Technician level to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN HILL' s costs incurred to employ this position and carry out this work in the amount of one- half of the actual costs to MORGAN HILL for the position.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended as attached as Exhibit " 1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Section 3 shall be amended and replaced in its entirety by the following:

Section 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits, field work supplies for use while in GILROY ( e. g., PPE, boots, rain gear, inspection tools, etc.), and training and travel expenses. The terms related to staff resources to be provided by EXHIBIT 1

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D MORGAN HILL, as well as estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT " A" and EXHIBIT " B," respectively, which are attached hereto. Cost estimates are for budgetary purposes only and are not intended to limit the parties' obligations under this AGREEMENT.

MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $54,441 for FY 2014/2015; $94,614 for FY 2015/ 2016; $ 100, 750 for FY 2016/ 2017; $ 107, 341 for FY 2017/ 18; $ 114, 423 for FY 2018/ 2019; $ 121, 854 for FY 2019/ 2020; $ 130, 036 for FY 2020/ 2021; $ 138, 835 for FY 2021/ 2022; $ 187,097 for FY 2022/ 23; and $ 194, 663 for FY 2023/ 2024 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted." B. Section 7 shall be amended and replaced in its entirety by the following:

Section 7. 0 TERMINATION
A. MORGAN HILL or GILROY may terminate this AGREEMENT by giving notice to the other party of not less than thirty ( 30) days.

B. If either party fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, the non -defaulting party may terminate this AGREEMENT immediately upon written notice to defaulting party.

C. The MORGAN HILL City Manager, or their delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL.

D. The GILROY City Administrator, or their delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY.

E. In the event oftermination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT.

GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination."
C. Section 16 shall be amended and replaced in its entirety by the following:

Section 16. 0 WAIVER
Each party to this AGREEMENT agrees that the waiver by any party of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition of this AGREEMENT. The acceptance by any party of the performance of the services performed by MORGAN HILL or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT."
D. Exhibit 'W' of the original agreement shall be amended and replaced in its entirety by the attached Exhibit ' W'.

E. Exhibit " B" of the original agreement shall be amended and replaced in its entirety by the attached Exhibit " B".

DocuSign Envelope ID: 3B345ABC- 353A4A89- 82DC- 5EF614C44D1D

2. Conflicts. In the event of a conflict between the terms and provisions of this Second Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, as amended, the terms of this Second Amendment to Agreement shall govern and control.

3. Authority to Execute. The individuals who are signing this Second Amendment to Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Second Amendment to the Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY
APPROVED AS TO FORM:

Andya er
City Attorney
ATTEST:

Thai Pham
City Clerk

MORGAN HILL
APPROVED AS TO FORM:
5 DOCUSigned by:
1 fIA44aA
City Attorney
ATTEST:

EDoees' anea by:

VAIc 2} Ow
City Clerk

CITY OF GILROY,
a municipal corporation
RAR RA
JimmkFFy Forbis
City Administrator

CITY OF MORGAN HILL,
a municipal corporation
Do US! Vned by:
0%bAsttr& FT49rmr
City Manager

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D

EXHIBIT A

DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED TO

ADMINISTERING STAFF RESOURCE
The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources ( STAFF) provided under this AGREEMENT.

1. Work Locations - The primary office location for STAFF shall be MORGAN HILL' s offices. If desired by GILROY and if GILROY provides a comfortable, productive, functioning, and professional workspace, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. GILROY office setup including, but not limited to, computer equipment and programs, telephone, office supplies, business cards, and ergonomic needs shall be provided by GILROY. The scheduling of STAFF' s work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager.

2. Management and Supervision - MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY.

Environmental Services Technician shall be supervised and assigned tasks by the Environmental Programs Coordinator.

3. Recruitment and Hirina - MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process.

4. General Description of Work Activities - While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate overtime depending on General Permit requirements and GILROY's interests, the following general work activities are expected to be core activities under the AGREEMENT:
a. Track program accomplishments and work activities to develop related reports. b. Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants.
c. Conduct public education and outreach activities.
d. Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments.
e. Update and administer the requirements of the Operation and Maintenance Program for Post Construction Stormwater Treatment Features.

5. Management Services - MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY' s behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs.

DocuSign Envelope ID: 3B345ABC- 353A-4A89- 82DC- 5EF614C44D1D

EXHIBIT B

COST ESTIMATE
Total $ 121, 854 $ 130, 036 $ 138, 835 $ 187, 097 $ 194, 663 costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position.
14- 15* 15- 16 16- 17 17- 18 18- 19
Staff (50% FTE) 25, 154 62, 886 68, 011 73, 554 79, 549 Indirect Service Charges 674 1, 684 1, 821 1, 970 2, 130 Training 200 500 500 500 500
Cell Phone 72 180 180 180 180
Mileage Reimbursement 100 250 250 250 250
Total Half Time Staff 26, 200 65, 500 70, 762 76,454 82, 609 Management Staff ( 12% FTE) 27, 504 28, 355 29, 206 30, 082 30, 984 Indirect Service Charges 736 759 782 805 829
Total Management 28, 241 29, 114 29, 987 30, 887 31, 814 Total 54, 441 94, 614 100,750 107, 341 114,423
Total $ 121, 854 $ 130, 036 $ 138, 835 $ 187, 097 $ 194, 663 costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position.
19- 20 20- 21 21- 22 22- 23 23- 24
Staff (50% FTE) 86, 032 93, 044 100, 627 155, 100 161, 500 Indirect Service Charges 2, 304 2, 492 2, 695 2, 914 3, 152 Training 500 500 500 1, 000 1, 000
Cell Phone 0 0 0 0 0
Mileage Reimbursement 250 250 250 250 250
Field Work Supplies/ PPE 400 400
Total Half Time Staff 89, 086 96,285 104,071 159, 664 166, 302 Management Staff (12% FTE) 31,914 32, 871 33; 857 26, 500 27, 400 Indirect Service Charges 854 880 906 933 961
Total Management 32, 768 33, 751 34, 764 27,433 28, 361 Total $ 121, 854 $ 130,036 $ 138, 835 $ 187, 097 $ 194, 663 costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position.

DocuSign Envelope ID: 3B345ABC- 353A-4A89- 82DC- 5EF614C44D1D Exhibit 1
121- 0/_' s7- 0-j

FIRST AMENDMENT TO AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE

IMPLEMENTATION OF STORMWATER PERMITTING REQUIREMENTS AND

ENVIRONMENTAL SERVICES TO THE CITY OF GILROY
T This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on J11A w.e' 7 Z-0 19 ( Effective Date), by and between the CITY OF GILROY, a municipal corporation (" GILROY"), anctthe City of MORGAN HILL, a municipal corporation (" MORGAN HILL").

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into based upon the approval of the City of Morgan Hill City Council on V? A lSi A019 and the City of Gilroy approval on , Tuvtt I h 201 Q .

2. GILROY AND MORGAN HILL entered into that agreement to provide staff services ( STAFF SERVICES AGREEMENT) on March 16, 2015. The agreement is attached as Exhibit 1" to this First Amendment.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the STAFF SERVICES AGREEMENT, as amended, as attached as Exhibit " 1," shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Section 2 shall be amended and replaced in its entirety by the following:

Section 2. TERM.

This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate on June 30, 2024 unless this AGREEMENT is amended or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this AGREEMENT, below."
B. Section 3 shall be amended and replaced in its entirety by the following:

Section 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits and training and travel expenses. The estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT' S," which is attached hereto. These estimates are for budgetary purposes only and are not intended to limit the parties' obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY. The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed $ 54, 441 for FY 2014/ 2015; $ 94, 614 for FY 2015/ 2016; $ 100, 750 for FY 1

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D fo
2016/2017; $107,341 for FY 2017/ 18; $ 114,423 for FY 2018/2019; $ 121, 854 for FY 2019/ 2020; 130, 036 for FY 2020/ 2021; $ 138,835 for FY 2021/ 2022; $ 148,299 for FY 2022/23; and 158, 480 for FY 2023/ 2024 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted."
C. Exhibit " B" of the original agreement shall be amended and replaced in its entirety by the attached Exhibit " B".

2. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the STAFF SERVICES AGREEMENT, the terms of this First Amendment to Agreement shall govern and control.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY
APPROVED AS TO FORM:

Ji A
Ano Faber'
1' CityAttomay

MORGAN HILL
APPROVED AS TO FORM:
a , r 1MiO4
Donald I arkin
City Attorney
CITY OF GILROT, a municipal corporation
Gabriel Gonzalez --
City Administrator

CITY OF MORGAN HILL,
a munici 11- 1orporation
Chri6tn urner
City Manager

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D

EXHIBIT B

COST ESTIMATE
Total $ 121, 854 $ 130, 036 $ 138, 835 $ 148, 299 $ 158, 480 costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position
3 14- 15' 15- 16 16- 17 17- 18 18- 19
Staff ( 50% FTE) 25, 154 62, 886 68,011 73, 554 79, 549 Indirect Service Charges 674 1, 684 1, 821 1, 970 2, 130 Training 200 500 500 500 500
Cell Phone 72 180 180 180 180
Mileage Reimbursement 100 25D 250 250 250
Total Half Time Staff 26, 200 65, 500 70, 762 76, 454 82, 609 Management Staff ( 12% FTE) 27, 504 28, 355 29, 206 30, 082 30, 984 Indirect Service Charges 736 759 782 805 829
Total Management 28, 241 29, 114 29,987 30, 887 31, 814 Total 54, 441 94, 614 100, 750 107, 341 114, 423
19- 20 20- 21 21- 22 22- 23 23- 24
Staff ( 50% FTE) 86, 032 93, 044 100, 627 108, 828 117, 697 Indirect Service Charges 2, 304 2, 492 2, 695 2, 914 3, 152 Training 500 500 500 500 500
Cell Phone 0 0 0 0 0
Mileage Reimbursement 250 250 250 250 250
Total Half Time Staff 89, 086 96, 285 104, 071 112, 492 121, 599 Management Staff ( 12% FTE) 31, 914 32, 871 33, 857 34, 873 35, 919 Indirect Service Charges 854 880 906 933 961
Total Management 32, 768 33, 751 34, 764 35, 807 36, 881 Total $ 121, 854 $ 130, 036 $ 138, 835 $ 148, 299 $ 158, 480 costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position
3

DocuSign Envelope ID: 3B345ABC- 353A4A89- 82DC- 5EF614C44D1D j U9- 15- 01 f

DUPLICATE
Original Maintained by
City Olorlc' s Office

AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION

OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL

SERVICES TO THE CITY OF GILROY
j
This(" AGREEMENT') is made and entered into this I( 1 day of tzranl , 2015 (" EFFECTIVE DATE"), by and between the CITY OF
GILROY, a municipal corporation (" GILROY"), and the City of MORGAN HILL, a municipal corporation (" MORGAN HILL").

RECITALS
WHEREAS, MORGAN HILL and GILROY have previously adopted a Joint Regional Storm Water Management Plan ( SWMP) which was accepted by the Central Coast Regional Water Quality Control Board as the implementation document for the Joint Phase II Municipal Storm Water Permit and cooperated extensively in the implementation of the SWMP; and
WHEREAS, the State Water Resources Control Board adopted General Permit No.

CAS000004 ( Waste discharge requirements for storm water discharges from small municipal separate storm sewer systems) ( General Permit) on February 5, 2013; and WHEREAS, the General Permit institutes significant new regulatory requirements that the cities must comply with and both MORGAN HILL and GILROY have budgeted for increased staff resources in order to comply with the General Permit' s requirements; and
WHEREAS, MORGAN HILL is hiring a new staff person to implement measures to comply with the General Permit requirements and MORGAN HILL and GILROY agree that it would be most cost efficient for all parties for MORGAN HILL to share the staff person with GILROY: and
WHEREAS. GILROY and MORGAN HILL have agreed that MORGAN HILL will provide one half- time staff position to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN HILL' s costs incurred to employ this position and carry out this work In the amount of one-half of the actual costs to MORGAN HILL for the position; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide part-time management services to GILROY in the areas of solid waste management and stormwater pollution prevention and that GILROY will reimburse MORGAN HILL for MORGAN HILL' s costs incurred in providing management services.

NOW, THEREFORE, in consideration for the mutual promises and agreements set forth herein, the parties hereby agree as follows:

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D SECTION 1. PURPOSE; DELEGATION.

The purpose of this AGREEMENT is to promote efficiency and an economy of operations and resources in complying with the requirements of the General Permit adopted by the State of California. To achieve this end, MORGAN HILL will provide a one-half time staff resource to GILROY to support GILROY' S activities to comply with the General Permit and, in addition; shall provide management services relating. to solid waste management, stormwater pollution prevention, and environmental services as set forth in Exhibit "A" ( which is attached hereto and incorporated herein), subject to and in accordance with this AGREEMENT. Exhibit "A" may be amended from time to time by the written consent of all parties to this AGREEMENT.

SECTION 2. TERM.

This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate on June 30, 2019, unless this AGREEMENT Is amended or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this AGREEMENT, below.

SECTION 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits and training and travel expenses. The estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT " B," which is attached hereto. These estimates are for budgetary purposes only and are not intended to limit the parties' obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY, The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed 54, 441 for FY 2014/ 2015; $ 94, 614 for FY 2015/ 2016; $ 100, 750 for FY 2016/ 2017; 107, 341 for FY 2017/ 18; and $ 114, 423 for FY 2018/ 2019 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted.

SECTION 4. PAYMENT FOR SERVICES.

MORGAN HILL will invoice GILROY bi- annually for costs incurred to provide staff services for the previous six ( 6) months by sending GILROY an invoice. Invoices shall be sent out by April 30 (for the January -June period) and by October 31 ( for the July— December period) of each year. GILROY shall pay MORGAN HILL the amounts invoiced within forty-five ( 45) days of their receipt of such invoices.

DocuSign Envelope ID: 3B345ABC- 353A-4A89- 82DC- 5EF614C44D1D SECTION 5. INDEMNIFICATION.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties to this AGREEMENT pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead, pursuant to Government Code Section 895. 4, each of the parties hereto shall fully indemnify and hold each of the other parties, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury ( as defined by Government Code Section 810. 8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement.

SECTION 6. RECORDS,
MORGAN HILL shall keep itemized and detailed work or job records of all costs incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall maintain these records for a minimum period of three ( 3) years, or for any longer period required by law, following the performance of any services.

SECTION 7. TERMINATION.

A. MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day of July of any year by giving notice to the other party not less than ninety ( 90) days prior to the July 1.

B. If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, GILROY may terminate this AGREEMENT immediately upon written notice to MORGAN HILL.

C. The MORGAN HILL City Manager, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL.

D. The GILROY City Administrator, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY.

E. In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination.

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D SECTION 8. AMENDMENTS.

This AGREEMENT may be modified only by a written amendment duly executed by the parties to this AGREEMENT.

SECTION 9. NONDISCRIMINATION.

No party to this AGREEMENT shall discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this AGREEMENT.

SECTION 10. ASSIGNABILITY.

MORGAN HILL acknowledges and understands that the expertise and experience of MORGAN HILL is a material consideration inducing GILROY to enter into this AGREEMENT. MORGAN HILL may not assign nor transfer any interest in this AGREEMENT, nor the performance of any of its duties and responsibilities under this AGREEMENT, without the prior written consent of GILROY. Any attempt by MORGAN HILL to so assign or transfer this AGREEMENT or the performance of any of MORGAN HILL' S duties and responsibilities under this AGREEMENT shall be null and void and of no force or effect.

SECTION 11. NOTICES.

All notices and other communications required or allowed to be given under this AGREEMENT to a party shall be In writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective party as follows:

GILROY: City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Attention: CITY ADMINISTRATOR
MORGAN HILL: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, California 95037
Attention: CITY MANAGER
SECTION 12. GOVERNING LAW.

The law governing this AGREEMENT shall be that of the State of California.

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D7D SECTION 13. VENUE.

If suit is brought under this AGREEMENT, venue shall be vested exclusively in the state courts of the State of California, County of Santa Clara, or, if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Josk California.

SECTION 14. COMPLIANCE WITH LAWS.

All parties to this AGREEMENT shall comply with all applicable laws, rules, regulations, codes and ordinances of the federal, state and local governments in the performance of the SERVICES and its other duties and obligations under this AGREEMENT.

SECTION 15. OWNERSHIP OF MATERIALS.

All reports, documents, photographs, or other materials generated by MORGAN HILL or other person engaged directly or Indirectly by MORGAN HILL to perform the work set forth herein shall be and remain the joint property of GILROY and MORGAN HILL.

SECTION 16. WAIVER.

Each party to this AGREEMENT agrees that the waiver by any party of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition of this AGREEMENT.

The acceptance by any party of the performance of the services performed by GILROY

DocuSign Envelope ID: 3B345ABC- 353A- 4AB9- 82DC- 5EF614C44D1D or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY
APPROVED AS TO FORM: CITY OF GILROY,
y
rouniclpal corporation
Linda- eall6n-- F WThomas J. ' aglund
City Attorney City Administrator
if
ATTEST;
Siaawe Freels— -' TJ
City Clerk

MORGAN HILL
APPROVED AS TO FORM:

Renee a(a
City Attorney

CITY OF MORGAN HILL,
a municipal corporation
C'
Steve Ryme
City Manager

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1 D

EXHIBIT A

DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED

TO ADMINISTERING STAFF RESOURCE
The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources ( STAFF) provided under this AGREEMENT.

1. Work Locations - The primary office location for STAFF shall be MORGAN HILL's offices. If desired by GILROY and if GILROY provides a reasonable work location, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. The scheduling of STAFF' s work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager.

2. Management and Supervision - MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY,

3. Recruitment and Hiring - MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process.

4. General Description of Work Activities - While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY's interests, the following general work activities are expected to be core activities under the AGREEMENT;
a. Track program accomplishments and work activities to develop related reports.
b. Evaluate the water quallty elements of development plans and provide comments to GILROY staff and development applicants,
c. Conduct public education and outreach activities.
d. Assist GILROY staff in Identifying other General Permit requirements to be completed by other GILROY departments.

5. Management Services - MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY' s behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs.
7

DocuSign Envelope ID: 3B345ABC- 353A-4A89- 82DC-5EF614C44D 1 D Staff ( 50% FTE)
Indirect Service Charges
Training
Cell Phone
Mileage Reimbursement
Total Half Time Staff
Management Staff ( 12% FTE)
Indirect Service Charges
Total Management
Total
EXI-11131T B

COST ESTIMATE
14- 15` 15- 16 16- 17 17- 18 18- 19
25, 154 $ 62, 886 $ 68,011 $ 73,554 $ 79, 549
674 $ 1, 684 $ 1,821 $ 1, 970 $ 2, 130
200 $ 500 $ Soo $ 500 $ 500
72 $ 180 $ 180 $ 180 $ 180
100 $ 250 $ 250 $ 250 $ 250
26, 200 $ 65, 500 $ 70, 762 $ 76, 454 $ 82, 609
27,504 $ 28,355 $ 29, 206 $ 30, 082 $ 30, 984
736 $ 759 $ 782 $ 805 $ 829
28, 241 $ 29, 114 $ 29,987 $ 30, 887 $ 31, 814
54, 441 $ 94, 614 $ 100, 750 $ 107, 341 $ 114, 423
costs for 14/ 15 areestimated for 40% of the fiscal year for the staff position and 100% of the fiscal yearfor the management position - L

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D Exhibit 1

DUPLICATE
Original Maintained by
City Clerk's OffIGA

AGREEMENT FOR PROVIDING STAFF SERVICES FOR THE IMPLEMENTATION

OF STORMWATER PERMITTING REQUIREMENTS AND ENVIRONMENTAL

SERVICES TO THE CITY OF GILROY
Thisement (" Mr(' AGREEMENT") is made and entered into this r", day of 1 \ , 2015 (" EFFECTIVE DATE"), by and between the CITY OF GILROY, a municipal corporation (' GILROY"), and the City of MORGAN HILL, a municipal corporation ("MORGAN HILL").

RECITALS
WHEREAS, MORGAN HILL and GILROY have previously adopted a Joint Regional Storm Water Management Plan ( SWMP) which was accepted by the Central Coast Regional Water Quality Control Board as the implementation document for the Joint Phase 11 Municipal Storm Water Permit and cooperated extensively in the implementation of the SWMP; and
WHEREAS, the State Water Resources Control Board adopted General Permit No.

CAS000004 ( Waste discharge requirements for storm water discharges from small municipal separate storm sewer systems) ( General Permit) on February 5, 2013; and WHEREAS, the General Permit institutes significant new regulatory requirements that the cities must comply with and both MORGAN HILL and GILROY have budgeted for increased staff resources in order to comply with the General Permit' s requirements; and
WHEREAS, MORGAN HILL is hiring a new staff person to implement measures to comply with the General Permit requirements and MORGAN HILL and GILROY agree that it would be most cost efficient for all parties for MORGAN HILL to share the staff person with GILROY; and
WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide one half-time staff position to GILROY and that GILROY will reimburse MORGAN HILL for MORGAN HILL's costs incurred to employ this position and carry out this work in the amount of one- half of the actual costs to MORGAN HILL for the position; and WHEREAS, GILROY and MORGAN HILL have agreed that MORGAN HILL will provide part-time management services to GILROY in the areas of solid waste management and stormwater pollution prevention and that GILROY will reimburse MORGAN HILL for MORGAN HILL' s costs incurred in providing management services.

NOW, THEREFORE, in consideration for the mutual promises and agreements set forth herein, the parties hereby agree as follows:

DocuSign Envelope ID: 3B345ABC- 353A- 4A69- 82DC- 5EF614C44D1 D SECTION 1. PURPOSE; DELEGATION.

The purpose of this AGREEMENT is to promote efficiency and an economy of operations and resources in complying with the requirements of the General Permit adopted by the State of California. To achieve this end, MORGAN HILL will provide a one- half time staff resource to GILROY to support GILROY' S activities to comply with the General Permit and, in addition, shall provide management services relating to solid waste management, stormwater pollution prevention, and environmental services as set forth in Exhibit " A" ( which is attached hereto and incorporated herein), subject to and in accordance with this AGREEMENT. Exhibit "A" may be amended from time to time by the written consent of all parties to this AGREEMENT.

SECTION 2. TERM.

This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall terminate on June 30, 2019, unless this AGREEMENT is amended or GILROY or MORGAN HILL exercises the right to terminate this AGREEMENT pursuant to Section 7 of this AGREEMENT, below.

SECTION 3. STATEMENT OF COSTS.

GILROY shall reimburse MORGAN HILL for all costs incurred by MORGAN HILL pursuant to this AGREEMENT, which may include, but are not limited to, direct costs for labor and benefits and training and travel expenses. The estimated costs to MORGAN HILL of the resources provided by MORGAN HILL to GILROY pursuant to this AGREEMENT are shown in EXHIBIT " B," which is attached hereto. These estimates are for budgetary purposes only and are not intended to limit the parties' obligations under this AGREEMENT. MORGAN HILL shall use all funds paid to MORGAN HILL by GILROY pursuant to this AGREEMENT solely for providing staff services to GILROY.

The contribution of GILROY to MORGAN HILL under this Agreement shall not exceed 54, 441 for FY 2014/ 2015; $ 94, 614 for FY 2015/ 2016; $ 100, 750 for FY 2016/ 2017; 107, 341 for FY 2017/ 18; and $ 114, 423 for FY 2018/ 2019 unless MORGAN HILL has notified GILROY that the estimated amounts will not be adequate to reimburse MORGAN HILL for actual costs and GILROY agrees that an increase in the amount is warranted.

SECTION 4. PAYMENT FOR SERVICES.

MORGAN HILL will invoice GILROY bi- annually for costs incurred to provide staff services for the previous six ( 6) months by sending GILROY an invoice. Invoices shall be sent out by April 30 ( for the January -June period) and by October 31 ( for the July — December period) of each year. GILROY shall pay MORGAN HILL the amounts invoiced within forty-five ( 45) days of their receipt of such invoices.

Docu$ ign Envelope ID: 3B345ABC- 353A- 4A89-82D05EF574C44D1 D SECTION 5. INDEMNIFICATION.

In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties to this AGREEMENT pursuant to Government Code Section 895. 6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata, but instead, pursuant to Government Code Section 895. 4, each of the parties hereto shall fully indemnify and hold each of the other parties, its officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury ( as defined by Government Code Section 810. 8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement.

SECTION 6. RECORDS.

MORGAN HILL shall keep itemized and detailed work or job records of all costs incurred and services rendered pursuant to this AGREEMENT. MORGAN HILL shall maintain these records for a minimum period of three ( 3) years, or for any longer period required by law, following the performance of any services.

SECTION 7. TERMINATION.

A. MORGAN HILL or GILROY may terminate this AGREEMENT as of the first day of July of any year by giving notice to the other party not less than ninety ( 90) days prior to the July 1:

B. If MORGAN HILL fails to perform any of its material obligations under this AGREEMENT, then, in addition to all other remedies available by law, GILROY may terminate this AGREEMENT immediately upon written notice to MORGAN HILL.

C. The MORGAN HILL City Manager, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of MORGAN HILL.

D. The GILROY City Administrator, or his delegatee or designee, is authorized to terminate this AGREEMENT on behalf of GILROY.

E. In the event of termination, MORGAN HILL shall deliver to GILROY copies of all reports, documents, or other data generated by MORGAN HILL for or under this AGREEMENT. GILROY shall be responsible for payment to MORGAN HILL of the cost of any services properly rendered in accordance with this Agreement prior to termination within 30 days of termination.

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D SECTION 8. AMENDMENTS.

This AGREEMENT may be modified only by a written amendment duly executed by the parties to this AGREEMENT.

SECTION 9. NONDISCRIMINATION.

No party to this AGREEMENT shall discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of this AGREEMENT.

SECTION 10. ASSIGNABILITY.

MORGAN HILL acknowledges and understands that the expertise and experience of MORGAN HILL is a material consideration inducing GILROY to enter into this AGREEMENT. MORGAN HILL may not assign nor transfer any interest in this AGREEMENT, nor the performance of any of its duties and responsibilities under this AGREEMENT, without the prior written consent of GILROY. Any attempt by MORGAN HILL to so assign or transfer this AGREEMENT or the performance of any of MORGAN HILL' S duties and responsibilities under this AGREEMENT shall be null and void and of no force or effect.

SECTION 11. NOTICES.

All notices and other communications required or allowed to be given under this AGREEMENT to a party shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective party as follows:

GILROY: City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Attention: CITY ADMINISTRATOR
MORGAN HILL: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, California 95037
Attention: CITY MANAGER
SECTION 12. GOVERNING LAW.

The law governing this AGREEMENT shall be that of the State of California. 0

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1 D SECTION 13. VENUE.

If suit is brought under this AGREEMENT, venue shall be vested exclusively in the state courts of the State of California, County of Santa Clara, or, if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.

SECTION 14. COMPLIANCE WITH LAWS.

All parties to this AGREEMENT shall comply with all applicable laws, rules, regulations, codes and ordinances of the federal, state and local governments in the performance of the SERVICES and its other duties and obligations under this AGREEMENT.

SECTION 15. OWNERSHIP OF MATERIALS.

All reports, documents, photographs, or other materials generated by MORGAN HILL or other person engaged directly or Indirectly by MORGAN HILL to perform the work set forth herein shall be and remain the joint property of GILROY and MORGAN HILL.

SECTION 16. WAIVER.

Each party to this AGREEMENT agrees that the waiver by any party of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition of this AGREEMENT.

The acceptance by any party of the performance of the services performed by GILROY

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D or any other work or service under this AGREEMENT shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EFFECTIVE DATE first set forth above.

GILROY
APPROVED AS TO FORM: CITY OF GILROY,
a unicipal corporation
LiBda- Callon Thomas J. aglund
City Attorney City Administrator
ATTEST:/ [[
Re Shawn' Freels
City Clerk

MORGAN HILL
APPROVED AS TO FORM:

Renu Gina
City Attorney

CITY OF MORGAN HILL,
a municipal corporation
Steve RY me
City Manager

DocuSign Envelope ID: 3B345ABC- 353A4AB9- 82DC- 5EF614C44DiD

EXHIBIT A

DESCRIPTION OF STAFF RESOURCES TO BE PROVIDED AND TERMS RELATED

TO ADMINISTERING STAFF RESOURCE
The purpose of this Exhibit is to describe the work anticipated to be conducted under this AGREEMENT and the general terms relating to the employment of the staff resources ( STAFF) provided under this AGREEMENT.

1. Work Locations - The primary office location for STAFF shall be MORGAN HILL' s offices. If desired by GILROY and if GILROY provides a reasonable work location, STAFF shall work in GILROY offices and attend meetings and work directly with customers in GILROY. The scheduling of STAFF' s work in GILROY can be designed to provide both regular office hours and flexibility to work in GILROY at additional times as desired. STAFF scheduling shall be arranged through the MORGAN HILL manager.

2. Management and Supervision - MORGAN HILL shall provide primary management and supervision of STAFF. MORGAN HILL shall communicate monthly with GILROY to ensure that STAFF Is providing expected services to GILROY. Any and all disciplinary activities, if needed, shall be conducted solely by MORGAN HILL with costs thereof shared equally by GILROY.

3. Recruitment and Hiring - MORGAN HILL will conduct the recruitment, administer interviews, and complete background analysis to employ STAFF, with costs thereof to be shared equally by GILROY. GILROY shall be invited to participate in the interview and selection process.

4. General Description of Work Activities - While it is understood that the work associated with this AGREEMENT is dynamic and may fluctuate over time depending on General Permit requirements and GILROY' s interests, the following general work activities are expected to be core activities under the AGREEMENT:
a. Track program accomplishments and work activities to develop related reports.
b. Evaluate the water quality elements of development plans and provide comments to GILROY staff and development applicants.

G. Conduct public education and outreach activities.
d. Assist GILROY staff in identifying other General Permit requirements to be completed by other GILROY departments.

5. Management Services - MORGAN HILL will provide management services to GILROY relating to solid waste management, stormwater pollution prevention, and environmental services. These services will include, but not be limited to, preparing annual regulatory reports recording solid waste diversion, interacting with state and local representatives on GILROY' s behalf, representing GILROY at regional meetings, and responding to queries from GILROY staff on a variety of environmental programs.

DocuSign Envelope ID: 3B345ABC- 353A- 4A89- 82DC- 5EF614C44D1D

EXHIBITEI

COST ESTIMATE
costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 91 14- 15* 15- 16 16- 17 17- 18 18- 19
Staff ( 50% FTE) 25, 154. 62, 886 68, 011 73,. 554 79, 549 Indirect Service Charges 674 1, 684 1, 821 1,970 2, 130 Training 200 500 500 500 500
Cell Phone 72 180 180 180 180
Mileage Reimbursement 100 250 250 250 250
Total Half Time Staff 26, 200 65, 500 70, 762 76, 454 82, 609 Management Staff ( 12% FTE) 27, 504 28, 355 29, 206 30, 082 30,984 Indirect Service Charges 736 759 782 805 829
Total Management 28, 241 29, 114 29, 987 30,887 31, 814 Total 54, 441 94, 614 100, 750 107, 341 114, 423
costs for 14/ 15 are estimated for 40% of the fiscal year for the staff position and 100% of the fiscal year for the management position 91

5 CITY COUNCIL STAFF REPORT
MEETING DATE: June 26, 2024
PREPARED BY:

Dat Nguyen, Finance Director
APPROVED BY: City Manager

APPROVE THE CLOSEOUT ANALYSIS REPORT FOR THE
REASSESSMENT DISTRICT 2015-1 (MORGAN HILL RANCH)

RECOMMENDATION(S)

1. Adopt resolution declaring the remaining reassessment revenue fund balance to be surplus, ordering the disposition of such surplus; and

2. Approve the Closeout Analysis Report for the Reassessment District 2015-1 (Morgan Hill Ranch).

COUNCIL PRIORITIES, GOALS & STRATEGIES
2024-2025 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

In 1998, the City formed the Assessment District No. 1998-1 (Morgan Hill Ranch).

Limited Obligation Improvement Bonds (Prior Bonds) were issued to finance the acquisition and construction of street improvements and a storm drain system within the assessment district. The Construction Fund associated with the Prior Bonds was closed as all improvements were completed.

In 2015, due to significantly lower interest rates, parcels within the assessment district were reassessed, and the Prior Bonds were refunded. The City issued Limited Obligation Reassessment Refunding Bonds, Series 2015 (the "Refunding Bonds") for Reassessment District No. 2015-1 (Morgan Hill Ranch) (the "Reassessment District").

The Refunding Bonds matured in 2023. After the retirement of all debt, a surplus remains in the Reassessment Revenue Fund. The City retained NBS to review and prepare a District Closeout Analysis Report for the Reassessment District.

Pursuant to Section 5.03 of the Fiscal Agent Agreement by and between the City of Morgan Hill and Zions First National Bank in connection with the issuance of the Refunding Bonds, any money remaining in the Reassessment Revenue Fund after all the transfers and payments have been made as directed shall be retained by the City.

To effectuate the closeout of the Reassessment District and transfer the remaining funds to the City's General Fund, staff recommend the Council approve the Closeout

5 Analysis Report prepared by NBS and adopt a resolution declaring the remaining reassessment revenue fund to be surplus and ordering the transfer of such surplus to the City's General Fund.

COMMUNITY ENGAGEMENT:

This staff report serves to inform the community of the Closeout Analysis Report for the Reassessment District 2015-1 (Morgan Hill Ranch) and the transfer of the surplus in the Reassessment Revenue Fund to the City's General Fund.

ALTERNATIVE ACTIONS:

Not Applicable.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

In 1998, the City formed the Assessment District No. 1998-1 (Morgan Hill Ranch) and issued Limited Obligation Improvement Bonds. In 2015, the City Council approved the refunding of the bonds.

FISCAL AND RESOURCE IMPACT:

The remaining surplus of approximately $16,000 has been programmed and accounted for in the adopted budget.

CEQA (California Environmental Quality Act):

Not a Project
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

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Closeout Analysis Report For:

Reassessment District No. 2015-1
Morgan Hill Ranch
May 2024

TABLE OF CONTENTS

1. Executive Summary ........................................................................................................1

2. Funds Analysis................................................................................................................2

3. Disposition of Funds .......................................................................................................3

4. Delinquencies.................................................................................................................4

5. Notice of Completion......................................................................................................5

6. Resolution ......................................................................................................................7

7. Levy and Collection Summary ....................................................................................... 10

8. Final Debt Service Schedule .......................................................................................... 11

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 1

1. EXECUTIVE SUMMARY
In 1998, the City of Morgan Hill (the “City”) formed Assessment District No. 1998-1 (Morgan Hill Ranch) (the “Prior District”). Limited Obligation Improvement Bonds (the “Prior Bonds”) were issued to finance the acquisition and construction of street improvements and a storm drain system within the Prior District. The Construction Fund associated with the Prior Bonds was closed as all improvements were completed.

In 2015, due to significantly lower interest rates, parcels within the Prior District were reassessed and the Prior Bonds were refunded. The City issued Limited Obligation Reassessment Refunding Bonds, Series 2015 (the “Refunding Bonds”) for Reassessment District No. 2015-1 (Morgan Hill Ranch) (the “Reassessment District”). The Refunding Bonds matured in 2023.

After the retirement of all debt, a surplus remains in Reassessment Revenue Fund. The City retained NBS to review and prepare a District Closeout Analysis Report (the “Closeout Report”) for the Reassessment District. The Closeout Report summarizes the recommendations for the disposition of the remaining funds in accordance with applicable laws.

Prior to the final levy, to minimize excess funds after the closeout of the district, a levy credit of $290,000 was applied to the Fiscal Year 2022/23 levy, which significantly reduced the assessments.

Following a review of the City’s fund balances as of April 30, 2024, and pursuant to Section 5.03 of the Fiscal Agent Agreement of the Bonds dated October 21, 2015 (the “Agreement”), the City has elected to transfer the surplus funds, net of all expenses and anticipated costs, to the General Fund.

As a part of the Closeout Report, NBS also conducted an analysis of the assessment payments to determine any District delinquencies. Per Santa Clara County’s property tax records, one parcel is delinquent in the payment of District assessments.

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 2

2. FUNDS ANALYSIS
The following table shows the funds analysis prepared for the Reassessment District. The analysis reflects the April 30, 2024, fund balances and account balances associated with the Reassessment District.

Reassessment Revenue Fund
Reassessment Revenue Fund Balance as of 4/30/2024 $38,692.00 Ending Balance $38,692.00
Administrative Expense Fund
Administrative Expense Fund Balance as of 4/30/2024 $0.00 Ending Balance $0.00
Redemption Fund
Pursuant to Section 8784 of the California Streets and Highways Code Redemption Fund Balance as of 4/30/2024 $0.00
Ending Balance $0.00
Reserve Fund
Pursuant to Section 8885 of the California Streets and Highways Code Reserve Fund Balance as of 4/30/2024 $0.00
Ending Balance $0.00
Cost of Issuance Fund
Cost of Issuance Fund Balance as of 4/30/2024 $0.00
Ending Balance $0.00
Rebate Fund
Rebate Fund Balance as of 4/30/2024 $0.00
Ending Balance $0.00
Expenditures
NBS Fee for District Closeout $12,500.00
City Administration 10,000.00
Less: Total Funds Available (38,692.00)
Balance $16,192.00
Transfer to City’s General Fund ($16,192.00)
Ending Balance $0.00

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 3

3. DISPOSITION OF FUNDS
Reassessment Revenue Fund
Pursuant to Section 5.03 of the Agreement, any moneys remaining in the Reassessment Revenue Fund after all transfers and payments have been made as directed shall be retained by the City.

In accordance with the above stated section, the City has elected to transfer the surplus funds, net of all expenses and anticipated costs, to the General Fund.

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 4

4. DELINQUENCIES
As of May 6, 2024, there was one delinquent parcel within the District. The total delinquent amount is approximately $278, not including penalties, interest or fees. Any remaining funds that may be collected from the delinquent installments shall be disposed of in the same manner as the funds discussed in section 3 of this Closeout Report.

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 5

5. NOTICE OF COMPLETION
The following page contains the Notice of Completion of Public Improvements signed by the Public Services Director.

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 6

NOTICE OF COMPLETION OF PUBLIC IMPROVEMENTS
City of Morgan Hill
Reassessment District No. 2015-1
Morgan Hill Ranch
Notice is hereby given that the public improvements financed by Reassessment District No. 2015-1 Morgan Hill Ranch of the City of Morgan Hill as fully described in the Assessment District No. 1998-1 (Morgan Hill Ranch) Engineer’s Report (the “Engineer’s Report”) dated July 22, 1998 (Amended September 1, 1998), have been completed. Per the Engineer’s Report, the following describes the original project to include proposed improvements to be constructed:

A. The construction and/or acquisition of improvements for:

Certain rights of way improvements and continuous public service easements including clearing, grubbing, grading, base, pavement, curbs, gutters, sidewalks, decorative pavement, street monuments, street signs, striping, street lighting, joint trench facilities, storm drainage system, sanitary sewers, landscaping, and water facilities, together with all appurtenances to any of the above.

B. The construction and/or acquisition of Cochrane Road improvements including the widening of Cochrane Road, the construction and modification of medians, the installation of a traffic signal, including clearing, grubbing, grading, base, pavement, curbs, gutters, sidewalk, street signs, striping, street lighting, storm drainage system, sanitary sewers, and landscaping, together with all appurtenances to any of the above.

C. The construction and/or acquisition of an interim/ultimate storm drain system including pipes, structures, ditches, a retention pond, detention area and a pump station including clearing, grubbing, grading, access road, fencing, and landscaping, together with all appurtenances to any of the above.

D. The acquisitions of all lands, easements and rights-of-way and all work auxiliary to any of the above necessary to complete the same, including approximately 6 acres for a retention pond.

E. The payment in full of all amounts necessary to eliminate all fixed special assessment liens previously imposed upon any parcel included in the assessment district.

Reference is made to the Engineer’s Report dated July 22, 1998 (Amended September 1, 1998), for a complete description of the improvements constructed.

The Public Services Director certifies that the above recitals are true and correct. _________________________________ _____________________ Chris Ghione, Public Services Director Date
City of Morgan Hill
5/13/24

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 7

6. RESOLUTION
The following pages contain the Resolution Declaring Surplus, Ordering Disposition of the Surplus, and Approving the Closeout Report to be approved by the City Council.

City of Morgan Hill
Reassessment District No. 2015-1 (Morgan Hill Ranch) Closeout Analysis Report 8

MORGAN HILL CITY COUNCIL
RESOLUTION 2024-___

RESOLUTION DECLARING THE REMAINING REASSESSMENT REVENUE FUND BALANCE TO BE

SURPLUS, ORDERING THE DISPOSITION OF SUCH SURPLUS, AND APPROVING THE

CLOSEOUT ANALYSIS REPORT PREPARED BY NBS FOR THE
REASSESSMENT DISTRICT 2015-1 (MORGAN HILL RANCH)
WHEREAS, the City Council of the City of Morgan Hill (the “City”) has, by previous resolution and related actions, undertaken proceedings pursuant to the Municipal Improvement Act of 1913 to form the Reassessment District 2015-1 Morgan Hill Ranch (the “Reassessment District”); and, WHEREAS, the City Council authorized the issuance of the City of Morgan Hill Limited Obligation Refunding Bonds Reassessment District No. 2015-1 (Morgan Hill Ranch) (the “Bonds”), pursuant to the Improvement Bond Act of 1915 to finance certain public improvements; and, WHEREAS, the Reassessment District has undertaken such public improvements as are described in the Engineer’s Report; and,
WHEREAS, the City Council is satisfied that the public improvements for the Reassessment District have been fully completed; and,
WHEREAS, there exists an encumbered balance in the Reassessment Revenue Fund for the Reassessment District; and,
WHEREAS, the City Council now wishes to make provision for the determination of surplus funds for their appropriate disposition pursuant to the Fiscal Agent Agreement of the Bonds dated October 21, 2015.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. A Notice of Completion of Public Improvements was completed and signed by the Public Services Director.

Section 3. The City Council hereby declares the remaining balance of the Reassessment Revenue Fund of the Reassessment District to be surplus.

Section 4. The City Council hereby orders the disposition of said surplus funds according to the Fiscal Agent Agreement of the Bonds dated October 21, 2015, as specified in the Closeout Analysis Report prepared by NBS for the Reassessment District.

Section 5. The City Council hereby approves the District Closeout Analysis Report prepared by NBS for the Reassessment District and agrees to transfer surplus funds to the City’s General Fund.