Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Labor Classification/s __________________________________________________ DIR Registration # ____________________________________________________ CSLB# ________________________________ Email ________________________
5. Name of Subcontractor _________________________________________________ Contractor License Number _____________________________________________ Address ________________________________ Phone No. ___________________ Individual, Partnership or Corporation _____________________________________ Dollar Value of work to be Performed _____________________________________ Work to be Performed __________________________________________________ Labor Classification/s __________________________________________________ DIR Registration # __________________________________________________ CSLB# ________________________________ Email ________________________
6. Name of Subcontractor _________________________________________________ Contractor License Number _____________________________________________ Address ________________________________ Phone No. ___________________ Individual, Partnership or Corporation _____________________________________ Dollar Value of work to be Performed _____________________________________ Work to be Performed __________________________________________________ Labor Classification/s __________________________________________________ DIR Registration # ____________________________________________________ CSLB# ________________________________ Email ________________________
Signature of Bidder: __________________
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
INSTRUCTIONS TO BIDDERS
General
The City of Pleasanton, hereinafter referred to as “City,” will receive at the City Clerk’s Office of the City of Pleasanton, Civic Center, 123 Main Street, Pleasanton, California, until the hour and day specified in the “Notice to Bidders,” sealed Bid Proposals for furnishing materials, equipment and/or labor for performing the work described in these Contract Documents. All Bid Proposals shall be submitted in accordance with the provisions of the “Proposal Requirements and Conditions” set forth under Section 2 of the Standard Specifications of the State of California, except as modified herein.
Plan Holder List
The City requires all Bidders to be on the project’s plan holder list prior to submitting the Bid Proposal. Please see Notice to Bidders for instructions on how to request to be added to the plan holder list.
Bid Proposal Form
All Bid Proposals shall be submitted on the Bid Proposal forms which are bound herein.
All Bid Proposal forms shall be filled in completely in ink with all signature blocks signed by the Bidder. The completed Bid Proposal forms shall remain bound with the Contract Documents provided and shall be sealed in an envelope addressed to the City of Pleasanton, California and clearly labeled with identifying project name and number, and bid opening date.
Delivery of Bid Proposal
The Bid Proposal shall be delivered by the time and to the place set forth in the “Notice to Bidders.” It is the Bidder’s sole responsibility to see that his or her Bid Proposal is received in proper time. Any proposal received after the time fixed for opening of bids shall be returned to the Bidder unopened.
Opening of Bid Proposals
The Bid Proposals shall be publicly opened and read at the time and place fixed in the “Notice to Bidders.”
Modifications and Alternative Proposals
Each Bidder represents that his or her Bid Proposal is based upon the materials and equipment described in the Contract Documents. Unauthorized conditions, limitations or provisions attached to a Bid Proposal will render it non-responsive and may cause its rejection. The completed Bid Proposal forms shall be without interlineations, alterations or erasures. Alternative Bid Proposals will not be considered unless written request has
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
been submitted to the Engineer for approval at least seven (7) calendar days prior to the date for receipt of Bids. The request shall include the name of substitute material or equipment drawings, cut sheets, performance and test dates and any other data or information necessary for complete evaluation. If the Engineer approves any proposed substitution, such approval shall be set forth in an Addendum. Oral, telegraphic, or telephonic Bid Proposals or modifications will not be considered.
Contractor’s Department of Industrial Relations Registration
A bid will not be accepted nor any contract entered into without proof that the bidder and its subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code Section 1725.5, subject to limited legal exceptions.
Discrepancies in Bid Proposals
In the event there is more than one bid item on a Bid Proposal form, the Bidder shall furnish a price for all items and failure to do so will render the Bid Proposal non- responsive and may cause its rejection. In the event there are unit price bid items on a Bid Proposal form and the “amount” indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly. In the event there is more than one bid item on the Bid Proposal form and the total indicated on the Bid Proposal form does not agree with the sum of the amounts bid on the individual items, the price bid on the individual items shall govern and the total on the proposal will be corrected accordingly.
Bid Security
Each Bid Proposal shall be accompanied by cash, a cashier’s check or a certified check, amounting to ten percent (10%) of the Bid, payable to the order of the City of Pleasanton or by a bond for that amount and so payable in the form contained in this bid package.
The amount so posted shall be forfeited to the City if the successful bidder does not, within ten (10) working days not including Saturday, Sunday and legal holidays after date of postage of mailed written notice that the contract has been awarded, enter into a contract with the City for the work.
After the contract is duly entered into by the successful bidder, the amount of the deposit will be returned to the Bidder. All certified checks, cashier’s checks, and cash deposits of the unsuccessful bidders will be returned to the bidders within two (2) weeks after the contract is entered into by the successful bidder.
Miscellaneous
For requirements on Bidder’s examination of site, withdrawal of proposals, and disqualification of bidders, refer to Section 2 of the Standard Specifications of the State of California.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
AWARD AND EXECUTION OF CONTRACT
General
Award and execution of Contract shall be in accordance with “Award and Execution of Contract” set forth under Section 3 of the Standard Specifications of the State of California except as modified herein.
Award of Contract
The City reserves the right to reject for any reason any or all Bid Proposals.
No Bidder shall modify, withdraw or cancel a Bid Proposal or any part thereof for ninety (90) calendar days after the time designated for the opening of Bids in the “Notice to Bidders.” Within this time period of ninety (90) days and if the City so chooses, the Contract shall be awarded to the lowest responsible Bidder.
In accordance with the provisions of California Business & Professions Code Section 7028.5, the City has determined that at the time that a bid is submitted, the bidder shall possess a valid Class A General Engineering Contractor or C-10 Contractor license.
Failure to possess the specified license shall render the bid as non-responsive and shall act to bar award of the Contract to any Bidder not possessing said license at the time of bid.
Execution of Contract
Within ten (10) working days, not including Saturday, Sundays and legal holidays, after date of postage of mailed notice of award to the lowest responsible Bidder, the following documents shall be submitted to the City.
• Executed contract
• Contract bonds as required by the forms contained herein including:
◊ Faithful Performance Bond for 100% of contract price
◊ Labor and Material Bond for 100% of contract price
◊ Maintenance Bond for 10% of contract price
• Certificates of insurance
• Evidence of a current business license to conduct business in the City of Pleasanton
Failure to submit the above shall be just cause for forfeiture of the Bid Proposal security.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
CONTRACT
VALLEY AVENUE AND NORTHWAY ROAD
INTERSECTION IMPROVEMENTS
PROJECT NO. 23532
THIS CONTRACT is made and entered into this _____ day of ________, 20__ by and between _______________________________, (“Contractor”), whose address is _______________________________, and telephone number is ___________________ and the CITY OF PLEASANTON, a municipal corporation (“City”).
W I T N E S S E T H:
WHEREAS, the City has awarded to the Contractor a contract for VALLEY
AVENUE AND NORTHWAY ROAD INTERSECTION IMPROVEMENTS,
PROJECT NO. 23532
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows:
1. Work to be Performed. The work will generally consist of:
This work will consist of removing existing southeast and southwest concrete channelizing medians, removing an existing flashing crosswalk, construction of concrete curb extensions (bulb-outs) at the southeast and southwest curbs, installing minor landscaping and irrigation, constructing Americans with Disabilities Act (ADA) curb ramps, and installing a traffic signal. Electrical work would compose of: protection of existing utilities and appurtenances; the installation of foundations, pole standards, mast arms, signal display equipment, luminaires, lamps, underground conduits, pull boxes, cables and conductors; the bonding and grounding of circuitry, the installation of electrical services; excavating and backfilling, installing signing on traffic signal standards; traffic control; and all other necessary an any other not of work not mentioned above that are required by the Plans and these Special Provisions.
Prime contractor shall self-perform 50% or more of the contract work by dollar amount.
Said work is more particularly shown in the following documents which are on file with the Public Works Department, Engineering Division of the City and are incorporated herein by this reference:
A. Approved Plans and Specifications entitled the VALLEY
AVENUE AND NORTHWAY ROAD INTERSECTION
IMPROVEMENTS, PROJECT NO. 23532. and addenda
thereto, if any.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
B. Contract Change Orders approved by the City Engineer, done in accordance with the Standard Specifications.
C. The elements of the proposal submitted to the City by the Contractor, which the City has accepted.
2. Compensation. The City shall pay the Contractor for work actually performed at the unit prices set out in the Contractor's proposal to the City as set forth in Exhibit A of this agreement and incorporated herein. The quantities of work stated therein are estimates only; actual quantities will be measured for payment in accordance with the specifications.
3. Method of Payment.
A. Progress Payments. As of the twentieth day of each month, the Contractor may submit for review a request for progress payment, listing the amount and value of work actually performed during the preceding month, or part thereof. Upon the City Engineer's review and approval, including adjustments if any, City shall make a progress payment to the Contractor.
B. 5% Retention . Five percent (5%) of the amount due shall be retained by the City as retention. The City shall retain five percent (5%) of the contract amount for thirty-five (35) days after the Notice of Completion for the work is recorded. The Contractor may elect to receive 100 percent of payments due under the contract documents from time to time, without retention from any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the California Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose decision on valuation of the securities shall be final.
Securities eligible for investment under this provision shall be limited to those listed in Section 16430 of the California Government Code.
C. Time of Payment. Requests submitted promptly as of the 20th day of each month will be paid by the 10th day of the following month.
4. Incorporation of Contract Documents. This Contract expressly incorporates all terms and conditions contained in the Contract Documents. In the event there is any conflict between this Contract and the Contract Documents, this Contract shall control.
5. Indemnification. Contractor shall indemnify, save and hold harmless from and defend the City, members of the City Council and their agents, servants
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or other detriment or liability arising from or out of acts or omissions of Contractor, its agents, sub-contractors, officials or employees, in connection with the execution of the work covered by this Contract or any amendments thereto.
6. Certification re: Workers' Compensation. In accordance with Section 1861 of the California Labor Code, each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
7. Department of Industrial Relations: Pursuant to Labor Code section 1771.1, the Bidder and its Subcontractors must be registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code, subject to limited legal exceptions.
8. Independent Contractor. The Contractor is an independent contractor retained by the City to perform the work described herein. All personnel employed by the Contractor, including subcontractors, and personnel of said subcontractors, are not and shall not be employees of the City.
9. Warranty Against Defects. The Contractor hereby warrants all work done under this contract against all defects in materials and workmanship for a period of 12 months following City's acceptance of said work. If any defects occur within said 12 months, the Contractor shall be solely responsible for the correction of those defects.
10. Counterparts and Electronic Signatures. This contract may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
CONTRACTOR:
By: ___________________________________
Its Authorized Agent
By: ___________________________________
Its Authorized Agent
(Second signature required if a corporation)
CITY OF PLEASANTON:
By: ___________________________________
Gerry Beaudin, City Manager
ATTEST:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_____________________________
Daniel G. Sodergren, City Attorney
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Bond No. ________
CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE
KNOW ALL PERSONS BY THESE PRESENTS:
Whereas, The City Council of the City of Pleasanton, State of California, and ______________________________ (“Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated _______________, 20__, and identified as VALLEY
AVENUE AT NORTHWAY ROAD INTERSECTION IMPROVMENTS,
PROJECT NO. 23532, is hereby referred to and made a part hereof; and
Whereas, Said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, Principal and ____________________________ (“Surety”), are held and firmly bound unto the City of Pleasanton, in the penal sum of ___________________ dollars ($______________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, Principal’s heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City of Pleasanton, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City of Pleasanton in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the Principal(s) and Surety above named, on ___________________, 20____..
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Contractor Surety
By: _______________________________
By: _______________________________
By:________________________________
By:________________________________
Date Signed: ________________________
___________________________________
Surety Address
___________________________________
___________________________________
___________________________________
Surety's Phone No.
(attach acknowledgments)
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Pleasanton, State of California, and ___________________________ (“Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated ____________, 20__, and identified as VALLEY AVENUE AND NORTHWAY ROAD INTERSECTION IMPROVEMENTS, PROJECT NO.
23532, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Pleasanton to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Pleasanton and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section9000) of Part 6 of Division 4 of the Civil Code in the sum of __________________________________ dollars ($___________________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City of Pleasanton in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by Principal and surety above named, on ___________________, 20____.
Principal Surety
By: By: ______________
(Signature of Principal and Surety must be notarized)
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Bond No. ___________
CONTRACTOR'S BOND FOR ONE YEAR MAINTENANCE
VALLEY AVENUE AND NORTHWAY ROAD
INTERSECTION IMPROVEMENTS
PROJECT NO. 23532
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Pleasanton has awarded and
________________________ (“Contractor”) is about to execute a Contract for the above-referenced Project ("Contract") and the terms thereof, which are incorporated herein by reference, require the furnishing of a bond with said Contract providing for maintenance for a period of one (1) year from the date of acceptance by the City Council of said contract by the Contractor.
NOW, THEREFORE, WE, Contractor and _______________________ (“Surety”), are held firmly bound unto the City of Pleasanton, as Agency in the penal sum of:
________________________________________ DOLLARS, ($_________________), lawful money of the United States of America, said sum being ten percent (10%) of the estimated amount payable by Agency under the terms of the contract, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that if the above bounden _____________________________________, Principal(s), within a period of one (1) year after the completion and acceptance of the project fulfills the provisions of the Contract and complies with any necessary repairs or replacement of faulty materials to the VALLEY AVENUE AND NORTHWAY ROAD INTERSECTION
IMPROVEMENTS, PROJECT NO. 23532 and related facilities, then the above obligation shall be void; otherwise to remain in full force and effect.
No cancellation or termination of this bond by Surety shall be effective unless thirty (30) days prior written notice thereof has been delivered to the City Engineer, provided that no cancellation or termination shall affect any liability incurred or accrued hereunder prior to the expiration of said thirty (30) day period or any work performed under any Contract issued by the City.
This bond is executed in accordance with the rules, regulations, standards, specifications and policies of the City of Pleasanton.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Bond No. ________________
IN WITNESS WHEREOF, the Principal(s) and Surety have caused these presents to be executed, and corporate names and seals to be hereunto attached by proper officers hereunto duly authorized, the day and year first herein-above written.
Contractor Surety
By: By: ______________________
By: By: ______________________
________________________
Date Signed
Surety Address:
____________________________
____________________________
Surety Phone No. ( ) _________
(attach acknowledgments)
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
GENERAL PROVISIONS
Unless otherwise stated in these Contract Documents or deemed inapplicable by the Engineer, the General Provisions of the State of California Standard Specifications are hereby incorporated with the following General Provisions.
SECTION 1. DEFINITIONS AND TERMS
As used in these Contract Documents unless the context otherwise requires, the following terms have the meanings indicated:
Addenda: Are written or graphic instruments, clarifications or corrections, issued prior to the execution of the contract, which modify or interpret the Contract Documents.
Bidder: Any individual, partnership or corporation submitting a Bid Proposal for the work described in the Contract Documents.
Bidding Documents: Includes the Notice to Bidders, the Bid Proposal, Bid Bond, Contractor's Information Forms including the Contractor's past experience, financial responsibility and Subcontractors, and Instructions to Bidders.
City: The City of Pleasanton.
City Standard Specifications and Standard Details: Means the November 2016 edition of the City's Standard Specifications and Standard Details.
Contractor: Any individual, partnership or corporation that has entered into a Contract with the City to perform the work described in the Contract Documents.
Contract Documents: Includes the Bidding Documents, the Award and Execution of Contract Requirements, the Contract, the Labor and Material Bond, the Performance Bond, the Maintenance Bond, the City General Provisions, the Special Provisions, Project Plans, the City of Pleasanton Standard Specifications, and Standard Details, the State Standard Specifications and Plans, all Addenda issued by the City and all Change Orders executed by the City.
Engineer : The City Engineer of the City of Pleasanton, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
General Provisions: Those Specifications that apply to all projects unless specifically modified by Special Provisions.
Project Plans: Drawings specifically prepared for a particular project.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Special Provisions : Specifications specifically prepared for a particular project.
State Standard Specifications and Standard Plans : Means the May 2015 edition of the Standard Specifications and Standard Plans of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the City or its corresponding agency, office or officer acting under this contract.
Subcontractor: Any individual, partnership or corporation that has contracted with the Contractor to provide labor, equipment and/or materials described in the Contract Documents which is an amount in excess of one-half of one (1) percent of the Contractor's total Bid.
Work: Material, equipment and labor to be provided to City by the Contractor as defined by the Contract Documents.
SECTION 2. SCOPE OF WORK
The Work presented in these Contract Documents shall be done in accordance with: 1) the Special Provisions and Project Plans, 2) the City Standard Specifications and Standard Details and 3) the State Standard Specifications and Standard Plans. In case of conflicting portions, the above order of precedence shall prevail. In case of conflict between the specifications and drawings, the specifications shall prevail.
SECTION 3. CONTROL OF WORK AND MATERIALS
3-01. Protection of Workers in Trench Excavations: As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. Nothing in this Section shall be construed to impose tort liability on the City, the Engineer, nor any of their officers, agents, representatives, or employees.
3-02. Substitution of Materials; Assignment of Certain Rights: In accordance with the provisions of Section 3400 of the California Public Contract Code, a Contractor shall be provided a period of not less than 35 days after award of the contract for submission of data substantiating a request for a substitution of "an equal" item.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
In accordance with Section 4552 of the Government Code, the Bidder shall conform to the following requirements: In submitting a bid to a public purchasing body, the Bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchase of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Bidder.
SECTION 4. LEGAL RELATIONS AND RESPONSIBILITY
4-01. Travel and Subsistence Payments:
(a) As required by Section 1773.1 of the California Labor Code the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
(b) To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids.
4-02. State Wage Determination:
(a) As required by Sections 1770 et seq., of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the City's Engineering Counter, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site.
(b) As provided in Section 1775 of the California Labor Code, the Contractor shall, as a penalty to the City, forfeit $50.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the City Engineer for such work or craft in which such worker is employed for any public work done under the contract by it or by any subcontractor under it.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
4-03. Payroll Records; Retention; Inspection; Compliance P enalties; Rules and Regulations
(a) As required under the provisions of Section 1776 of the California Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.
(b) The payroll records enumerated in Paragraph 4-03(a), herein, shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2. A certified copy of all payroll records enumerated in Paragraph 4- 03(a), herein, shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
3. A certified copy of all payroll records enumerated in Paragraph 4- 03(a), herein, shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of labor Standards Enforcement. If the requested payroll records have not been provided pursuant to subparagraph 4-03(b2), herein, the requesting party shall pay the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal offices of the Contractor.
(c) Each Contractor shall file a certified copy of the records, enumerated in Paragraph 4-03(a) with the entity that requested the records within 10 days after receipt of a written request.
(d) Any copy of records made available for inspection and copies furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
the Contractor awarded the contract or performing the contract shall not be marked or obliterated.
(e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under Paragraph 4-03(a) including the street address, city and county, and shall, within five (5) working days, provide a notice of change of location and address.
(f) In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit $25.00 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Responsibility for compliance with these Paragraphs 4-03(a) through 4-03(f) lies with the Contractor.
(g) In conformance with State Bill 854 all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) as of projects awarded on or after April 1, 2015 unless exempted by federal or state law.
4-04. Apprentices: Attention is directed to Sections 1777.5 and 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code Section 200 et seq. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, the Contractor (and subcontractors) should, where some question exists, contact the Division of Apprenticeship Standards prior to commencement of the work. Responsibility for compliance with this Section 4.04 lies with the Contractor. The City policy is to encourage the employment and training of apprentices on its construction contracts as may be permitted under local apprenticeship standards.
4-05. Working Hours. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours.
The Contractor shall, as a penalty of the City, forfeit $25.00 for each worker employed in the execution of the contract by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1- 1/2 times the basic rate of pay.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
4-06. Workers' Compensation:
(a) In accordance with the provisions of Section 1860 of the California Labor Code, the Contractor's attention is directed to the requirement that in accordance with the provisions of Section 3700 of the California Labor Code, every contractor will be required to secure the payment of compensation of his or her employees.
(b) In accordance with the provisions of Section 1861 of the California Labor Code, each Contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
4-07. Prime Contractor Job Site Postings. Pursuant to Labor Code Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation. The contractor shall comply with all applicable provisions of section 16451 (d) of California Labor Code relating to the posting of job site notices prescribed by regulation.
4-08. Insurance Requirements for Contractors : BIDDER'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY
RECOMMENDED THAT BIDDERS CONFER WITH THEIR RESPECTIVE
INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID
SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN
APPARENT LOW BIDDER FAILS TO COMPLY STRICTLY WITH THE
INSURANCE REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.
Contractor shall procure and maintain for the duration of this contract, including one year maintenance period, contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, the Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.
(a) Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number CG 00 01 (ED. 1/96) covering Commercial General Liability and name the City as additional insured.
2. Insurance Services Office form number CA 00 01 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto."
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, and an endorsement for waiver of subrogation.
(b) Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile L iability: $2,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $2,000,000 per accident.
(c) Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
(d) Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
c. The specific coverage obligations set forth in this Section 4-07 are minimums only, and the Contractor shall have the obligation to provide the minimum coverages stated in these Specifications or such greater or broader coverage, if available in the Contractor’s policies.
d. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
e. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the Agency.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
(e) Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
(f) Verification of Coverage
The Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City. Where by statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require insurance policies, at any time.
(g) Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4-09. Department of Industrial Relations: This Contract will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, pursuant to Labor Code section 1771.4 Attention is directed to Section 1725.5 of the California Labor Code. To insure compliance and complete understanding of the law regarding contractor registration the Contractor (and subcontractors) should, where some question exists, contact the Department of Industrial Relations prior to submission of bid.
Responsibility for compliance with this Section lies with the Contractor and Sub contractors.
SECTION 5. PROSECUTION AND PROGRESS
5-01. Removal, Relocation, or Protection of Existing Utilities: In accordance with the provisions of Section 4215 of the California Government Code, the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or owner of the utility to provide for the removal or relocation of such utility facilities.
5-02. Preconstruction Conference: Following award of contract, submittal of executed contract, and approval of certificates of insurance and bonds, but before start of work, a preconstruction conference shall be held at a mutually agreed time and place. The conference shall be arranged by the City and attended by City representatives including the inspector, and the Contractor, Contractor's superintendent and major subcontractors.
Contractor shall present at the conference the progress and submittal schedules, and progress payment format, and provide emergency phone numbers.
The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established.
5-03. Beginning of Work: The Contractor shall be prepared to begin work within fifteen (15) calendar days after "Notice to Proceed".
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
SECTION 6. MEASUREMENT AND PAYMENT
6-01. Payments: Attention is directed to Section 9-1.16, "Partial Payments," and 9-1.17, "Payment After Acceptance," of the State Standard Specifications and these City General Provisions.
As of the 20th day of each month, requests for progress payment listing amount and value of work performed during that month may be submitted for review. Upon review and approval or adjustment by the Engineer, progress payment will be made, retaining five percent (5%) of the amount due. Requests submitted promptly as of the twentieth of the month will be paid normally by the tenth of the following month.
The Bidder's attention is directed to the provisions of Section 9 of the Standard Specifications and the following modification, all of which are applicable to this Contract:
Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall, within five (5) days, make such inspection, and when the Engineer finds the work acceptable under the Contract and the Contract fully performed, the Engineer will recommend to the City Council (at the next following Council meeting) that the Contract be accepted and a "Notice of Completion" be prepared and recorded. The entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within fifteen (15) days after the expiration of thirty (30) days following the date of recordation of the Notice of Completion.
The Contractor shall supply with each progress payment request (with the exception of the first progress payment submittal) an email, fax or letter from each subcontractor stating: (a) the date that he/she has received his/her portion of the preceding payment; and (b) if the payment received was the total amount then due.
Should the payment not include the total amount invoiced due to a dispute, the subcontractor shall include the details of such dispute in his/her letter with enough information for the City to verify that the provisions of Section 7108.5 of the CA Business and Professions Code have been met.
Before the final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond.
6-02. Substitution of Securities in Lieu of Retention: Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any money held by the City to insure performance of the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or federally-
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
chartered banks as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to written agreement in accordance with the provisions of Section 22300.
The City shall not certify that the contract has been completed until at least 35 days after filing by the City of a Notice of Completion. Securities shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the City.
SECTION 7. DISPUTE RESOLUTION
7-01. Claims. This Section applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work.
(A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, that has previously been submitted to City as a Change Order in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part.
(B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with this Section, and subsequently rejected in whole or in part by City.
(C) Scope of Section. This Section is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code Section 9204 and Sections 20104 et seq., which are incorporated by reference herein.
(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of the Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.
7-02. Claims Submission. The following requirements apply to any Claim subject to this Section:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Section 7, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format. A Claim must be submitted in the following format:
(1) General introduction, specifically identifying the submission as a “Claim” submitted under this Section 7.
(2) Relevant background information, including identification of the specific demand at issue, and the date of City's rejection of that demand.
(3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue:
(a) The background of the issue, including references to relevant provisions of the Contract Documents;
(b) A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
(c) A chronology of relevant events;
(d) The identification and attachment of all supporting documents (see subsection (A), above, on Substantiation); and
(e) Use of a separate page for each issue.
(4) Summary of issues and damages.
(5) The following certification, executed by the Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim are true and correct.
Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).”
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
(C) Submission Deadlines.
(1) A Claim must be submitted within 15 days of the date that City notified the Contractor in writing that a request for a change in the Contract Time or Contract Price has been rejected in whole or in part.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment.
(4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by the Contractor.
7-03. City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45- day period is extended by mutual agreement of City and the Contractor or as otherwise allowed under Public Contract Code section 9204. However, if City determines that the Claim is not adequately documented, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. If the Contractor fails to submit the additional documentation to City within 15 days of receipt of City’s request, the Claim will be deemed waived.
(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor.
(B) Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.
7-04. Meet and Confer . If the Contractor disputes City’s written response, or City fails to respond within 45 days of receipt of the Claim with, the Contractor may notify City of the dispute in writing of the sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If the Contractor fails to dispute City’s response in writing within the specified time, the Contractor’s Claim will be deemed waived.
(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
(B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office.
(C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the disputed portion(s) will be submitted for mediation, as set forth below.
7-05. Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code section 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. The parties will share the costs of mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentment of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract.
(2) The time for filing a Government Code Claim will be tolled from the time the Contractor submits its written Claim until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process.
However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.
7-06. Tort Claims. This Section does not apply to tort claims and nothing in this Section is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.
7-07. Arbitration. It is expressly agreed, under California Code of Civil Procedure Section 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
7-08. Damages. The Contractor bears the burden of proving entitlement to and the amount of any claimed damages. The Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. The Contractor is not entitled to recovery of any alleged home office overhead. The Eichleay Formula or similar formula may not be used for any recovery under the Contract. The Contractor is not entitled to consequential damages, including home office overhead or any form of overhead not directly incurred at the Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract.
7-09. Multiple Claims. In the interest of efficiency, City, acting in its sole discretion, may elect to process multiple Claims concurrently, in which case the applicable procedures above will be based on the total amount of such Claims rather than the amount of each individual Claim. Any such election will not operate to change or waive any other requirements of this Section.
7-10. Other Disputes. The procedures in this Section 7 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
ATTENTION BIDDERS:
Your bid shall represent the cost of performing all Work described in the Contract Documents including:
Special Provisions and Project Plans,
City Standard Specifications and Details,
State Standard Specifications and Plans, and
all Addenda and Change Orders.
CITY STANDARD
SPECIFICATIONS AND DETAILS
(Approved November 2016)
is a separate document that is
available at the City of Pleasanton
Engineering Division,
Civic Center
200 Old Bernal Avenue (physical
location) or
P.O. Box 520 (mailing address)
for a non-refundable cost of $20.
Call (925) 931-5650 to request a copy of the
City Standard Specifications and Details.
The City Standard Specifications and Details can be viewed online at the City’s Web Page,
https://www.cityofpleasantonca.gov/our-government/public-works/engineering/
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Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
SPECIAL PROVISIONS
(These Special Provisions are to be used in conjunction with the City Standard Specifications and Standard Details, and the State Standard Specifications and Standard Plans)
All work shall be constructed in accordance with the City of Pleasanton Standard Specifications and Details dated November 2016, and as augmented by these Special Provisions. The Sections noted are those in the Standard Specifications except for the new Section(s) added. Where conflict exists between these documents and existing conditions, request clarification from the Project Engineer.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
SECTION 1 GENERAL
1-18 Working Hours
Add:
Between the dates of June 1, 2024 – August 2, 2024, working hours shall be Monday through Friday, 8:00 a.m. to 5:00 p.m., unless otherwise specified by the Engineer.
Harvest Park Middle School and Walnut Grove Elementary School is expected to begin the 2024-2025 school year the week of August 4, 2024. Working hours beginning on August 4, 2024 shall be Monday through Friday, 9:30 a.m, -2:30 p.m. and 3:30 p.m. - 5:00 p.m., unless otherwise specified by the Engineer. Contractor is required to check www.pleasantonusd.net for each school’s website for exact 2024-2025 school year start date.
The contractor shall schedule their work accordingly. No additional compensation shall be allowed for full compliance to this special provision.
It is our intent to work closely with nearby residents and schools to minimize impacts. If any work will impact any school operations, the contractor shall immediately consult with the Engineer and adjust their work schedule as approved by the Engineer in order to minimize impacts to Harvest Park Middle School and Walnut Grove Elementary School.
This adjustment of working hours shall not be measured item and no separate payment shall be allowed.
1-18 Progress Schedule
Add:
Harvest Park Middle School is immediately adjacent to the project location. Walnut Grove Middle School is south of the project location. The project location experiences student drop off, pick up, walking, and biking activities which will be impacted by construction activities. Below are important school year dates and dates for construction activities required to be completed. For exact school activity dates, Contractor shall refer to www.pleasantonusd.net.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Milestones/Activities Dates Liquidated Damages
Contract Award April 16, 2024
Notice to Proceed No later than May 10,
2024
Last Day of School –
Harvest Park Middle School
and Walnut Grove
Elementary School
May 31, 2024
Start Construction Activities June 3, 2024
Civil Construction Complete August 2, 2024 $1,500.00 per day First Day of School –
Harvest Park Middle School
and Walnut Grove
Elementary School
Week of August 4,
2024
Traffic Signal Complete December 6, 2024 $1,500.00 per day
SECTION 2 TRAFFIC CONTROL
2-01A Public Convenience and Safety
Add:
Upon completion of each day’s work, the contractor shall be responsible for leaving the work area free of hazards and shall provide all necessary temporary signs, warning devices and barricades at no additional cost to the city. Access to be provided for all adjacent residences, Harvest Park Middle School, Walnut Grove Elementary School and parks during non-construction hours. No additional compensation shall be allowed for full compliance to this special provision.
2-01D Traffic Control Plan
Add:
The Contractor shall provide a detailed traffic control plan for review and comment by the City Traffic Engineer. No work shall commence until the traffic control plans have been reviewed/commented by the City Traffic Engineer. These plans shall be prepared by qualified professionals (Traffic Engineers, Civil Engineers or by Traffic Control Specialists). No additional compensation shall be allowed for full compliance to this special provision.
2-01E Traffic Control Restrictions
Add:
The Contractors shall not block driveways and/or roadway crossing longer than 15 minutes without prior approval. Travel lanes shall be maintained at 10’ wide minimum at all times.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Harvest Park Middle School and Walnut Grove Elementary School is expected to begin the 2024-2025 school year the week of August 4, 2024. For exact starting dates, please refer to the Pleasanton Unified School District website at www. Pleasantonusd.net.
Morning school drop off is expected prior to 9:30 a.m. Afternoon school pick up is expected after 2:30 p.m. Construction equipment and vehicles should be clear of the construction area to allow for school drop-off and pick up operations. Safe vehicle and pedestrian access shall be provided at all times, especially during school drop-off and pick up operations.
The contractor shall schedule their work accordingly. No additional compensation shall be allowed for full compliance with this special provision.
SECTION 17. TRAFFIC STRIPES AND PAVEMENT MARKINGS
17-01 General
Replace the entire paragraph to:
Traffic stripes shall be either thermoplastic or raised pavement markers as shown on the Project Plans. Thermoplastic traffic stripes shall be in accordance with Section 84 -2, "Traffic Stripes and Pavement Markings," of the State Standard Specifications. Raised pavement markers shall be in accordance with Section 81- 3, "Pavement Markers," of the State Standard Specifications. All legends, crosswalks, arrows, and other pavement markings shall be thermoplastic in accordance with Section 84- 2, "Traffic Stri pes and Pavement Markings," of the State Standard Specifications. Details for traffic stripes and pavement markings shall be in conformance with A20A through A24H of the State Standard Plans.
17-02B Paint
Replace the entire paragraph to:
Paint shall only be used for traffic stripes and pavement markings when shown on the Project Plans and approved by the Engineer. Paint for traffic stripes and pavement markings shall conform to Section 84 of the State Standard Specifications.
17-03A Removal
17-03A.1 Hazardous Materials
Replace the entire Safety and Health Provisions section to:
Safety and Health Provisions
Attention is directed to Section 7-1.02K(6), “Occupational Safety & Health Standards,” of the Standard Specifications. Work practices and worker health and safety shall conform to the California Code of Regulations, Title 8, Construction Safety Orders, including Section 1532.1 “Lead.”
The Contractor shall furnish the Engineer a written Code of Safe Practices and shall implement an Injury and Illness Prevention Program and a Hazard Communication
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Program in conformance with the requirements of Construction Safety Orders, Section 1509 and 1510.
Prior to starting work that disturbs the existing yellow thermoplastic/paint striping, and when revisions to the program are required by Section 1532.1, “Lead,” the Contractor shall submit the compliance programs required in subsection (e) (2), “Compliance Program,” of Section 1532.1, “Lead,” of the Construction Safety Orders to the Engineer in conformance with the provisions in Section 5- 1.02, “Contract Components,” of the Standard Specifications. The compliance program shall include the data specified in subsections (e) (2) (B) and (e) (2) (C) of Section 1532.1, “Lead.” Approval of the compliance programs by the Engineer will not be required. The compliance programs shall be reviewed and signed by a Certified Industrial Hygienist (CIH) who is certified in comprehensive practice by the American Board of Industrial Hygiene (ABIH). Copies of all air monitoring or jobsite inspection reports made by or under the direction of the CIH in conformance with Section 1532.1, “Lead,” shall be furnished to the Engineer within 24 hours after monitoring or inspection.
Full compensation for furnishing the Engineer with the submittals and for implementing the programs required by this safety health section shall be considered as included in the contract prices paid for items of work causing the existing yellow thermoplast ic/paint striping to be disturbed, and no additional compensation shall be allowed therefore.
17-03C Painted Stripes
Replace the entire paragraph to:
Painted traffic stripes and pavement markings shall be installed in accordance with Section 84-2.03, "Construction," of the State Standard Specifications.
SECTION 23. SIGNALS AND LIGHTING
23-01 Reference Specifications and Standards:
A. Federal Specifications and Standards:
595a - Federal Standard.
NEC - National Electric Code.
NEMA - National Electric Manufacturers Association.
B. State of California (Caltrans) Standards:
1. 2022 version of the Standard Specifications
2. 2022 version of the Standard Plans, except as noted otherwise for certain equipment items
3. 2022 version of the California Manual of Uniform Traffic Control Devices
C. City of Pleasanton Standard Plans and Specifications D. Commercial Standards:
UL - Underwriters Laboratories, Inc.
23-02 Equipment List and Drawings: The controller cabinet schematic wiring diagram and intersection sketch shall be combined into one drawing, so that, when the cabinet door is fully open, the drawing is oriented with the intersection.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
The CONTRACTOR shall furnish a maintenance manual for all controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are delivered for testing or, if ordered by the ENGINEER, prior to purchase. The maintenance manual shall include, but need not be limited to, the following items:
a) Specifications
b) Design characteristics
c) General operation theory
d) Function of all controls
e) Trouble shooting procedure (diagnostic routine)
f) Block circuit diagram
g) Geographical layout of components
h) Schematic diagrams
i) List of replaceable component parts with stock numbers
The CONTRACTOR shall submit to the ENGINEER a list of equipment and materials proposed for to be used in accordance with Section 86-1.01C, "Submittals," of the Caltrans Standard Specifications.
The controller cabinet and its components shall be tested and certified by the cabinet manufacturer prior to delivery to the CITY for testing.
23-03 Warranties, Guarantees, and Instruction Sheets: Warranties, guarantees, and instruction sheets shall conform to Section 5, "Control of Work" of the Standard Specifications and these special provisions.
The traffic signal and highway lighting system installed under these special provisions, including all equipment, workmanship, and appurtenances furnished or performed in connection therewith, shall be guaranteed by the CONTRACTOR for a period of not less than one (1) year following the date of acceptance thereof. If any part is found to be defective in materials or workmanship within the one-year period and the said part cannot be repaired satisfactorily on the site, the CONTRACTOR shall immediately provide a replacement part of equal kind and/or type during the repair period. The CONTRACTOR shall be responsible for the removal, handling, repair or replacement, and reinstallation of the part until such time as the traffic signal system is functioning as specified and intended herein. The one -year guarantee on the repaired or replaced parts shall again commence with the date of reassembly of the system.
The CONTRACTOR shall deliver, handle, and store products in accordance with the manufacturer's written recommendations and by methods and means which will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at site and overcrowding of construction spaces. In particular, the CONTRACTOR shall provide delivery and installation coordination to
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.
Poles shall be handled in a manner that will preserve the overall appearance and prevent damage to the coating. The use of chains or cables for loading, unloading, shipping or installing is prohibited. Only non- abrasive rope or equivalent nylon belting s hall be used. Adequate hold -downs and appropriate blocking shall be utilized for shipping to prevent load movement and damage to the outer coating in transit. No handling shall be allowed until "dry through" condition has been achieved with the coating. Any damage to the poles as a result of mishandling shall be repaired at the CONTRACTOR’S expense.
Products shall be transported by methods to avoid product damage and shall be delivered in undamaged condition in manufacturer's dry, unopened containers or packaging.
Products shall be stored in accordance with the manufacturer's written instructions, with seals and labels intact and legible. Environmentally-sensitive products shall be stored in weather-tight enclosures, and temperature and humidity levels shall be mai ntained consistent with the manufacturer's written instructions.
Fabricated products stored outside shall be placed on sloped supports above ground. Products subject to deterioration shall be covered with impervious sheet covering; adequate ventilation shall be provided to avoid condensation.
Loose granular materials shall be stored on solid surfaces in a self -drained area and shall be prevented from mixing with foreign matter.
Stored products shall be subject to periodic inspection on a scheduled basis.
23-04 Order of Work: Order of work shall conform to the provisions in these Special Provisions.
The first order of work shall be to place the order for the traffic signal equipment. The CONTRACTOR shall furnish the ENGINEER with a statement from the vendor that the order for said equipment has been received and accepted by said vendor together with a guaranteed delivery date. This documentation may be used by the engineer in the event of a time extension request by the CONTRACTOR.
The CONTRACTOR shall arrange to have a signal technician, qualified to work on the controller cabinet and controller and employed by the cabinet and controller manufacturer(s) or their representative, present at the time the traffic signal is turned on, when signal interconnect cable is terminated, when emergency vehicle preemption system is activated, when a new signal phase is activated, or when any modifications are required to the controller cabinet, except for the termination of the field wires.
When microwave detection is used, the CONTRACTOR shall arrange to have a signal technician, qualified to work on the microwave detection and employed by the microwave detection manufacturer or their representative, present at the time the traffic signal is turned on, or when any video detection is activated on an existing signal.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
23-05 Control of Work : The CONTRACTOR shall be responsible for locating the corners of each new detector loop. The CONTRACTOR shall mark the detector loops and the ENGINEER thereof shall approve the locations before pavement is cut. The pavement shall be cut with an abrasive type saw. The saw cut depth shall be of uniform depth throughout.
The CONTRACTOR shall be responsible for locating and marking the positions of all new signal standards and pull boxes. The ENGINEER may assist the CONTRACTOR in locating the above items. The ENGINEER shall approve the locations before any work on the foundations is performed. The CONTRACTOR shall give the ENGINEER a minimum of 2 working days notice to verify locations.
23-06 Foundations : Portland cement concrete for cabinet pads and foundations shall conform to Section 90-2, "Minor Concrete," of the latest Caltrans Standard Specifications.
Foundations for traffic signal poles shall conform to Section 56- 3.01C(2)(b), “Cast -In- Drilled Hole Concrete Pile Foundations,” of the latest Caltrans Standard Specifications.
23-07 Standards, Steel Pedestals and Posts: The sign-mounting hardware, as shown on Detail U of Standard Plan ES-7N, shall be installed at the locations shown on the plans.
All Traffic Signal standards and posts shall be galvanized steel unless otherwise noted on the project plans. Locations of Traffic Signal and street lighting standards and posts shall be marked in the field with marking chalk for review by the ENGINEER before beginning any installation.
23-08 Conduit : Conduit shall be in accordance with Section 86- 1.02B, “Conduit and Accessories,” of the latest Caltrans Standard Specifications, and these Special Provisions.
Conduit that is installed underground shall be rigid, nonmetallic type, PVC Schedule 40 or HDPE schedule 80. Conduit installed in a signal pole or cabinet foundation and between the foundation and its adjacent pull box shall be Type 1 rigid metallic.
Conduit installation shall be in accordance with Section 87-1.03B, “Conduit Installation,” of the latest Caltrans Standard Specifications, and these Special Provisions. All conduit bends greater than 44 degrees shall be factory bends and shall have a minimum radius of 18 inches. Where factory bends are not used conduit shall be bent without crimping or flattening using the longest radius possible. Bending of non- metallic conduit shall be by methods recommended by the conduit manufacturer and with equipment approved for that purpose.
Conduit and fittings to be installed underground shall be rigid non-metallic type. Conduits designated for signal interconnect shall be installed satisfying the requirements for both twisted pair and fiber optic cables use (e.g., sweeps/bends for fiber optic should be used).
The size of conduit used shall be as shown on the Drawings, but in no case shall conduit be less than 2 inches in diameter. In addition, the CONTRACTOR may, at his option and expense, use conduit of larger size than that shown or specified, provided the larger size is
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
used for the entire length of the run from pull box to pull box. Reducing couplings will not be allowed.
When a standard coupling cannot be used for coupling metal type conduit, a UL -listed threaded union coupling, concrete-tight split coupling, or concrete-tight set screw coupling shall be used.
All fiber optic and signal interconnect pull boxes shall employ a maximum of 30- degree conduit sweeps. Conduit shall be rigid, nonmetallic type, PVC schedule 40 or HDPE schedule 80. All new fiber optic or signal interconnect conduit shall be a minimum of 3 inches unless otherwise noted in the project plans. Conduit shall be installed so that a straight cable pulling path may be maintained.
All conduits shall enter the controller cabinet foundation at the front and less than 10 inches from the cabinet door opening.
Insulated bonding bushings will be required on metal conduit.
When rigid, nonmetallic conduit is placed in a trench, the trench shall be back filled with minor concrete having not less than 376 pounds of cement per cubic yard to not less than 4 inches above the conduit before additional back fill material is placed.
Conduit shall be laid to a depth of not less than 18 inches below grade in Portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below finished grade in all other areas. Conduit may lie on top of the pavement within new curbed medians being constructed on top of the existing pavement.
Conduit runs shown on the plans to be located behind curbs may be installed in the street, within three feet of and parallel to the curb, by trenching, as provided below, on approval of the City Engineer. All pull boxes shall be located behind the curb or at the locations shown on the plans.
After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound.
Damage to Pavement Outside of Trench Limits: If damage such as spalling or cracking occurs to pavement outside trench limits as a result of the CONTRACTOR’S operations, the CONTRACTOR shall remove the damaged pavement as directed and replace as a part of final paving operations at the CONTRACTORS expense.
Directional Boring: When approved by the City Engineer, conduit may be placed under existing pavement by horizontal directional drilling (Directional Bore) method. Pavement shall not be disturbed without permission from the ENGINEER. Adherence to the specifications contained herein, or the ENGINEER’S approval of any aspect of any directional bore operation covered by this specification, shall in no way relieve the CONTRACTOR of their ultimate responsibility for the satisfactory completion of the work authorized under the Contract.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
In the event obstructions are encountered, upon approval of the ENGINEER, small potholes may be cut in the pavement to locate or remove obstructions. All potholes shall be repaired per these specifications. Boring pits shall be kept 2 feet clear of the edge of any type of pavement wherever possible. In addition, boring pits shall be kept 2 feet clear of any pedestrian or bicycle facilities. Unless directed by the ENGINEER, pedestrian and bicycle facilities shall remain open at all times. All boring pits, upon end of work day, shall be covered and work areas properly coned off to warn and prohibit potential pedestrian and/or vehicular traffic to the satisfaction of the ENGINEER.
Excessive use of water, such that pavement might be undermined or subgrade softened, will not be permitted.
Conduit to be placed as part of the completed work shall not be used for drilling or jacking.
Type 2 and Type 3 conduit may be installed under existing pavement if a hole larger than the conduit is pre-drilled and the conduit installed by hand.
Conduit to be placed beneath railroad tracks shall comply with the following: The conduit shall be either Type 1 or 2, 11/2 inch minimum, and shall be placed to a minimum depth of 3 feet below bottom of tie. The near side of each conduit jacking pit shall be constructed not less than 13 feet from the centerline of track. When the jacking pit is to be left overnight, the pit shall be covered with substantial planking.
WORK PLAN: Prior to beginning work, the CONTRACTOR must submit to the ENGINEER a general work plan outlining the procedure and schedule to be used to execute the project. Plan should document the thoughtful planning required to successfully complete the project.
EQUIPMENT: CONTRACTOR will submit specifications on directional boring equipment to be used to ensure that the equipment will be adequate to complete the project.
MATERIAL: Specifications on material to be used shall be submitted to the ENGINEER.
Material shall include the pipe, fittings and any other item which is to be an installed component of the project.
PERSONNEL: Documentation of training and relevant experience of personnel shall be submitted.
The ENGINEER must be notified 48 hours in advance of starting work. The Directional Bore shall not begin until the ENGINEER is present at the job site and agrees that proper preparations for the operation have been made. The ENGINEER’S approval for beginning the installation shall in no way relieve the CONTRACTOR of the ultimate responsibility for the satisfactory completion of the work as authorized under the Contract.
All personnel shall be fully trained in their respective duties as part of the directional boring crew and in safety. Training shall be provided specific to the project if any potential hazards may be encountered which have not already been included in personnel’s training.
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Upon request from the ENGINEER CONTRACTOR shall photograph or video tape entire work area, including entry and exit points, prior to the beginning of work and after work is completed.
Work site as indicated on drawings, within right-of-way, shall be graded or filled if needed to provide a level working area. No alterations beyond what is required for operations are to be made. CONTRACTOR shall confine all activities to designated work areas.
The Entire drill path shall be accurately surveyed with entry and exit stakes placed in the appropriate locations within the areas indicated on drawings. If CONTRACTOR is using a magnetic guidance system, drill path will be surveyed for any surface geo- magnetic variations or anomalies.
CONTRACTOR shall place silt fence between all boring operations and any drainage, wetland, waterway or other area designated for such protection by contract documents, state, federal and local regulations. Additional environmental protection necessary to contain any hydraulic or boring fluid spills shall be put in place, including berms, liners, turbidity curtains and other measures. CONTRACTOR shall adhere to all applicable environmental regulations. Fuel or oil may not be stored in bulk containers within 200’ of any water-body or wetland.
CONTRACTOR shall notify all companies with underground utilities in the work area using the Underground Service Alert (USA) hotline at (800) 227- 2600 to obtain utility locations. Once utilities have been located CONTRACTOR shall physically identify the exact location of the utilities by potholing to determine the actual location and path of any underground utilities which might be within 5 feet of the bore path. CONTRACTOR shall not commence boring operations until the locations of all underground utilities within the work area have been verified.
CONTRACTOR shall adhere to all applicable state, federal and local safety regulations and all operations shall be conducted in a safe manner. Safety meetings shall be conducted at least weekly with a written record of attendance and topic submitted to ENGINEER.
Pipe shall be connected together in one length prior to pull -back operations, if space permits. Steel pipe welds will be X -rayed prior to being placed in bore hole. Pipe will be placed on pipe rollers before pulling into bore hole with rollers spaced close enough to prevent excessive sagging of pipe.
Pilot hole shall be drilled on bore path with no deviations greater than 5% of depth over a length of 100’. In the event that pilot does deviate from bore path more than 5% of depth in 100’, CONTRACTOR will notify ENGINEER and ENGINEER may require CONTRACTOR to pull -back and re -drill from the location along bore path before the deviation.
In the event that a boring fluid fracture, inadvertent returns or returns loss occurs during pilot hole boring operations, CONTRACTOR shall cease boring, wait at least 30 minutes, inject a quantity of boring fluid with a viscosity exceeding 120 seconds as measured by a March funnel and then wait another 30 minutes. If mud fracture or returns loss continues,
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
CONTRACTOR will cease operations and notify ENGINEER. ENGINEER and CONTRACTOR will discuss additional options and work will then proceed accordingly.
Upon successful completion of pilot hole, CONTRACTOR will ream bore hole to a minimum of 25% greater than outside diameter of pipe using the appropriate tools.
CONTRACTOR will not attempt to ream at one time more than the boring equipment and mud system are designed to safely handle.
After successfully reaming bore hole to the required diameter, CONTRACTOR will pull the pipe through the bore hole. In front of the pipe will be a swivel. Once pull -back operations have commenced, operations must continue without interruption until pipe is completely pulled into bore hole. During pull -back operations CONTRACTOR will not apply more than the maximum safe pipe pull pressure at any time. In the event that pipe becomes stuck, CONTRACTOR will cease pulling operations to allow any potential hydro-lock to subside and will commence pulling operations. If pipe remains stuck, CONTRACTOR will notify ENGINEER. ENGINEER and CONTRACTOR will discuss options and then work will proceed accordingly.
Following boring operations, CONTRACTOR will de-mobilize equipment and restore the worksite to original condition. All excavations will be backfilled and compacted to 95% of original density. Landscaping will be restored to original.
CONTRACTOR shall maintain a daily project log of boring operations and a guidance system log with a copy given to ENGINEER at completion of project. As -built drawings shall be certified as to accuracy by CONTRACTOR.
23-09 Pull Boxes: Grout in bottom of pull boxes will not be required; however, the depth of the crushed rock sump shall be increased to a minimum depth of 12 inches.
Pull boxes shall conform to the provisions in Section 86- 1.02C, "Pull Boxes," of the Caltrans Standard Specifications and this Section.
Pull box size shall be No. 5 for traffic signals, No. 3- 1/2 for street lights, No. 6 for homeruns, No. 6E for fiber optic and signal interconnect cable, and 30”x48”X20” “double lid” for fiber optic splice enclosures unless otherwise shown on the Drawings. The cover shall be polymer concrete. Where pull boxes are to be placed in areas subject to traffic loads, a steel or cast iron cover shall be used in lieu of the concrete cover.
Maximum pull box spacing shall be 100' for traffic signals, 200' for street lights and hardwire signal interconnect, and 800’ for fiber optic communications unless otherwise noted on the plans.
Interconnect pull boxes shall have lids embossed with “INTERCONNECT,” street light pull box lids with “STREET LIGHTING,” and traffic signal pull boxes with “TRAFFIC SIGNAL.” All 30”x48” double lid pull boxes shall read “CITY OF PLEASANTON FIBER OPTIC”.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
All 6E pull boxes shall employ a 10-inch extension. A minimum of 18 inches of space shall be maintained between the lid of the 6E pull box and material at the bottom of the box.
Recesses for suspension of ballast will not be required.
All conduits shall enter the pull box from the bottom. Side access will not be permitted unless otherwise directed by the ENGINEER.
Where the sump of an existing pull box is disturbed by the CONTRACTOR’S operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed at the CONTRACTOR’S expense.
23-10 Conductors and Wiring: At least 10 feet of slack shall be provided in the interconnect pull boxes and the pull box nearest each signal standard, for those conductors terminating in that standard; and 5 feet of slack shall be provided in each conductor in all other pull boxes. The wire bundle entering the controller cabinet shall be neatly coiled in the bottom of the cabinet in order to obtain as much slack as possible. All No. 14 conductors shall be SOLID copper wire.
Splices shall be insulated by "Method B."
Conductors shall conform to the provisions in Section 86-1.02F, "Conductors and Cables," of the Standard Specifications.
Traffic signal conductor splicing, where permitted by subparagraph 5 of the first paragraph of Section 87-1.03H, "Conductor and Cables Splices," of the Standard Specifications, shall be spliced using a Type "C" splice.
Conductors shall not be pulled into conduits until the pull boxes have been set to grade, crushed rock sumps have been installed, and conduits have been bonded and grounded. All pull boxes shall be inspected and approved prior to pulling any conductors. Conductors shall not be pulled into conduits unless the ENGINEER is present to observe the operation. The ends of all unused cables shall be sealed. The ends of all cables shall be sealed prior to being installed into the conduits.
All phase conductors and detector cables, including existing phase detectors and conductor labels, shall be identified with the new phase numbers, as shown on the plans. Identification bands shall be T & B Ty-Rap Cable Ties; No. TY 553 M. The flags on the bands shall be marked with a Ty- Rap marking pen; No. WT 163 M -1 (Black), or approved equal. No other method of labeling will be acceptable. All phase conductors and detector cables shall be labeled by phase designations in the pull box nearest their termination, and in the controller cabinet. Phase conductors shall be labeled with phase designation. Detector cables shall be labeled with phase and loop number. Lighting conductors (street or sign) shall be labeled as appropriate. Spare conductors need not be labeled. A 1/4-inch pull rope shall be installed into all new conduits.
Interconnect Cable (Copper)
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Splicing of copper interconnect cable shall be done only within controller cabinets on terminal blocks furnished and installed by the controller cabinet supplier. Terminal blocks shall be per City standard. The CONTRACTOR shall be responsible for terminating interconnect cable in the cabinet per direction of the engineering. All the splices shall be done in accordance with the recommendation of the controller supplier and to the satisfaction of City of Pleasanton Traffic Engineering.
Temporary interconnect splicing shall be allowed during construction for a maximum period of 60 days. Temporary splices of interconnect shall be insulated with heat-shrink tubing of the appropriate size and shall overlap the conductor insulation at least 0.5 inches. The overall cable splice shall be covered with heat-shrink tubing, with at least 1 1/2 inch of overlap of the cable jacket. Any alternate temporary splice method shall be approved by the ENGINEER.
Where specified on the plans, Copper cable, six (6) pairs, shall be installed between signal control cabinet telemetry panel and splice cabinet terminal block, as directed by City of Pleasanton Traffic Engineering.
The CONTRACTOR shall provide and install, as per plans, No. 18 or 19 gauge twisted, single-pair conductors, shielded, IPCEA, Type A, or equal, suitable for telemetry’s, communicators, or control usage with 300-volt minimum rating within conduit runs which interconnect the traffic signal controllers. Conductor color code shall conform to the following:
White/Blue, White/Orange, White/Green, White/Brown, White/Gray, and Red/Blue
CONTRACTOR may NOT use the Signal Interconnect Cable that is called out in Section 86-1.02F(3)(d)(v) of the State of California Standard Specifications for this cable.
The CONTRACTOR shall be responsible for maintaining existing interconnect during construction. Any interruption of interconnectivity during the construction process due to CONTRACTOR activity shall be resolved by the CONTRACTOR immediately and at the CONTRACTOR’S expense.
Interconnect Cable (Fiber)
Fiber Cable shall be all dielectric, loose tube with 12 or 24 single strand fibers per loose tube, as indicated on the plans. No ribbon fiber shall be utilized. Fiber optic cable shall be single mode. Where available, within contract, water protection tape rather than gel filling shall be utilized. Fiber and fiber cable construction shall adhere to RUS PE-90 and Bellcore GR-20. Cable shall adhere to standard industry fiber and loose tube color coding, as defined by RUS PE-90 and Bellcore GR-20. The Cable shall be constructed to provide a minimum of 30 years useful life when installed in conduit. Fiber shall be 8.3 microns (normal) diameter with mode field diameters for depressed cladding being 8.8 microns ±
0.5 microns at 1310 nm and 10.0 ±1.0 microns at 1550 nm; for matched cladding mode field shall be 9.3 microns ± 0.5 microns and 10.5 ± 1.0 microns for respective wave lengths. (Cladding types shall not be mixed during fiber deployment). The fiber shall be protected with a cladding with diameter of 125.0 ±1.0 microns.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
The fiber within the cable shall have an attenuation of no greater than 0.35 dB/Km (0.56 dB/Mile) at 1310 nm and 0.25 dB/Km (0.40 dB/Mile) at 1550 nm. Water peak attenuation 1385 nm (±3 nm) shall not exceed 2.5 dB/Km (4.02 dB/Mile). The attenuation of the fiber shall be distributed uniformly throughout its length such that there are no localized discontinuities in excess of 0.1dB at either 1310 nm or 1550 nm as determined by TIA 455- 59 Fiber Optic Test Procedures (FOTP).
The Fibers shall have a maximum dispersion of 2.8 picoseconds/nanometer – km (ps/nm- km) over an optical wavelength range of 1290 to 1330 nm and a maximum value of zero dispersion slope of 0.093 ps/(km-nm2). Dispersion tests are in accordance with TIA 455- 17S FOTP. The manufacturers shall have tested for dispersion as required by Bellcore GR – 20 or RUS PE-90. New factory tests are required only if the fiber has not been pre-tested and qualified to standards.
The Construction of the cable shall follow referenced standards for construction of dielectric, loose tube fiber cable with the exception that water -blocking tape is acceptable and preferred. The dielectric strength member shall support a tensile force of 2700 Newtons during cable installation and shall protect fiber attenuation change during installation allowing no greater than 0.31 dB/Km (0.50 dB/Mile) increase over manufacturer’s specified fiber attenuation.
The cable shall include a ripcord under the sheath to support easy removal of the sheaths.
The sheaths shall be marked in accordance with National Electric Safety Code 350 G. The Cable Sheath shall also be permanently marked with the manufacturer’s name, type cable and “Fiber Optic Cable.” There shall also be sequential length markers that are accurate within 1%. Marking size shall be such as to the easily read by a technician. The CONTRACTOR shall submit cut sheets for cable approval to the Construction Manager identifying the marking size, repetition and symbol per National Electrical Safety Code (i.e., Telephone Symbol).
Cable diameter for up to 72 fibers should be approximately 13mm. Cable shall be rated for an operating temperature of - 400C to +750C. The cable shall contain no metal and shall conform to the National Electric Code’s definition of fiber.
Tracer Wires shall be included with all fiber optic cable installation projects. The tracer wires shall be installed in such a way so that underground fiber optic utilities can be identified and located in the future by maintenance staff.
Cable shall be shipped from the factory with protective wrapping and with sealed ends.
The cable shall include a waterproof tag with the results of factory OTDR attenuation test as well as:
Contract Number/Identification
Manufacturer’s Name/Address
Manufacturer’s Part Number
Type of Cable
Number of Loose Tubes and Fiber
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Beginning and Ending Length Marks
Reel Number
Ship Date
Weight of Cable and Reel
Cable shall be of a continuous length on the reels. The Cable runs are as shown on plans.
Slack cable requirements shall be considered by the CONTRACTOR, based on normal industry installation practices, in computing required cable length.
All traffic signal controller cabinets shall employ a fiber termination panel or tray for fiber optic termination with SC (female) connectors. Each jumper cable shall be 900 microns and terminated with an SC (male) connector having integral strain relief.
The fiber optic patch cable shall comply with the fiber cable special provisions of this document. The length of the patch cable shall be 2 meters (minimum). The patch cable shall employ SC (male) connectors, simplex and single mode. The jumper cable will interface with the SC (female) connectors on the optical transceivers installed in field equipment cabinets.
The CONTRACTOR is responsible for interfacing the SC (Male) connectors to test optical-to-electrical communications performance between the patch cables, other installation locations, and the Traffic Operations Center (if applicable). The CONTRACTOR is res ponsible for correct splicing of the drop cable onto the backbone cable in accordance with splice tables provided by the City. Only fusion splicing method shall be accepted. CONTRACTOR is responsible for point -to-point continuity in accordance with splice tables and assuring point-to-point optical path loss (attenuation) is within specifications. Fiber drop cables and patch cables shall be marked R-1, R-2, T-1, T- 2 or SPARE.
The CONTRACTOR shall prepare and submit Record Drawings of each fiber color, splices, and unconnected fibers. Record drawings shall be labeled to indicate the splice closure location.
All fiber optic splices shall be completed using the fusion splice method. All splices shall be tested, and the results of those tests shall be provided to the CITY by the CONTRACTOR.
23-11 Functional Testing: The functional test for each system shall consist of not less than 14 days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 14 days of continuous, satisfactory operation is obtained.
The traffic signal controller shall be delivered to the City’s Traffic Engineering Department by no less than 21 calendar days before the traffic signal is activated. Traffic engineering will prepare preliminary signal timing and test the traffic signal controller prior to releasing the controller to the CONTRACTOR. Once the controller is released to the CONTRACTOR the CONTRACTOR assumes ownership of the controller. Any lost,
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
stolen, misplaced traffic signal controller shall be replaced by the CONTRACTOR at their expense.
The City shall have the right to request a sample of any materials used for the construction of the traffic signal, including, but not limited to: controller and components, signal heads, poles, conductor wire, or any other item deemed necessary to be tes ted or inspected for compliance to the specifications. CONTRACTOR shall deliver those materials requested within 21 calendar days of request. If the City does not receive the requested materials within the time specified, those materials requested shall b e deemed to be unsatisfactory, and rejected.
If the CONTRACTOR is notified of the need for repair of equipment being tested, the required repairs shall commence within five (5) working days of the time of notification by the ENGINEER. The CONTRACTOR shall be responsible for all of the costs involved in the repair of the equipment, including re-testing if necessary.
If any of the equipment is rejected for failure to comply with the requirements of these Specifications, the CONTRACTOR shall be responsible for all of the costs involved in re- testing the equipment after it has been rejected. Deductions to cover the cost of such re - testing will be made from any monies due, or which may become due, the CONTRACTOR.
If control equipment fails during the time period between turn on and final acceptance and the CONTRACTOR is unavailable to immediately respond to repair or replace the failed equipment, the ENGINEER may call in City contract maintenance forces and bill the CONTRACTOR reasonable costs to restore the intersection to designed operation.
The manufacturer's warranty period for furnished equipment shall not commence until the equipment has been installed at the project sites and have been placed in operation by a factory representative, and the project accepted.
In order to properly conduct functional testing of the controller assembly, schematic drawings specific for the cabinet to be used in this specific project shall be submitted with the cabinet. Traffic signal construction plan shall also be submitted. Drawings shall indicate the intersection name and phasing. Absence of the required drawings could result in the rejection of the entire controller assembly. Cabinet testing will not proceed until the required drawings are submitted. The functional test for each signal system shall consist of not less than 14 days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 14 days of continuous satisfactory operations is obtained.
Before scheduling the traffic signal “Turn On,” the CONTRACTOR is required to coordinate a pre- testing to be conducted by the City or their designee. Seventy- two (72) hours minimum advance notice is required to schedule this pre -test. During the pre -test, the City’s traffic signal maintenance staff will determine if all components of the traffic signal system are operational as designed. If deficiencies are found, the CONTRACTOR shall make the necessary corrections and schedule a follow up pre -testing. Only after all the deficiencies found are corrected can the CONTRACTOR schedule the signal “Turn
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
On.” The CONTRACTOR shall provide a minimum of forty- eight (48) -hour advance notice to schedule the “Turn On”.
All vehicle signal and pedestrian signal heads shall be bagged in their entirety with a burlap sack once the signal heads are installed prior to turn-on. Alternate methods of signal head bagging must be approved by the ENGINEER. The CONTRACTOR shall remove the burlap sacks on the day of turn-on. At that time the CONTRACTOR shall place temporary “STOP” signs in all directions of travel per direction of the ENGINEER. The signs may be removed once the signal is placed in “flashing red” operation. The signs sha ll remain on site until the signal has been activated and deemed functional by the ENGINEER.
The CONTRACTOR shall require the following product vendors and/or contractors to attend the traffic signal turn on date:
- Traffic Signal Controller Cabinet
- Traffic Signal Controller
- Vehicle Video Detection System
- The City’s Designated Traffic Signal Maintenance contractor
The CONTRACTOR shall not be required to pay for the City’s Maintenance contractor time on-site.
The ENGINEER may waive a vendor’s attendance requirement prior to turn on ONLY through written notice. Electronic notice (email) shall be an acceptable method of notice.
The CONTRACTOR shall schedule a time to activate the traffic signal. Traffic signal turn- on may be scheduled on a non- holiday week Tuesday, Wednesday, or Thursday before 1PM. For the purposes of these specifications “TURN ON” denotes that the signal is physically ready for activation. The ENGINEER shall perform a final pre- turn on system check immediately prior to If the signal is not ready for activation on the appointed time the ENGINEER, at their discretion, may cancel the turn on. The CONTRACTOR shall be responsible for rescheduling the turn- on and is responsible for any additional costs resulting from the rescheduled turn-on.
23-12 Service and UPS System: The traffic signal service equipment cabinet shall be a Milbank (CP3A C -Size BBU) Type III with Alpha FXM1100- HP 120/240-volt/Battery backup combo and shall be powder coated to match the controller cabinet color (#14109 Federal Standard 595B Color or approved equal) unless otherwise noted on plans. Service equipment enclosures shall conform to the provisions in Section 86- 1.02P(2), "Service Equipment Enclosures," of the Caltrans Standard Specifications and this Section except that the CONTRACTOR shall pay all costs and fees required by the utility company for the connection of both temporary and permanent service.
The service cabinet shall house both PG&E equipment and BBS equipment, including batteries.
The traffic signal service enclosure shall meet the requirements of PG&E and shall conform to Section 86- 1.02P(2), "Service Equipment Enclosures," of the Caltrans Standard Specifications. The enclosure shall be factory pre -wired and tested to meet NEMA 3R
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
standards. A copy of the wiring diagram for the integrated system shall be enclosed in plastic and mounted inside the enclosure. Name plates shall be provided for each control component. The name plates shall be phenolic, black background with white let tering except the main breaker, which shall be red with white lettering. All name plates shall be fastened in the enclosure by screws. I.D. numerals shall be used to show the address for the meter below the meter window or the front of the enclosure.
The traffic signal service enclosure shall have a separate disconnect for the traffic signal, safety lighting, and sign lighting circuits. Separate disconnects shall be provided for any other separate circuit, such as street lighting or irrigation systems , when shown on the plans. The top half of the service cabinet shall be equipped with 19” rack mountable rails.
A traffic signal equipped with fully functional BBS shall be wired to operate for a period of at least two hours and run an additional two hours (minimum) on Red Flash only. The UPS/BBS shall have a minimum Power Rating of 1.1 KVA (1100 Watts).
General Specifications
Input / Output Voltage (VAC) nominal 120
Input / Output Frequency (Hz) nominal 60
Input Current (A) 12.0 Input voltage Variation -23% to +17% Output Power (VA) 1100 Active Output Power (watts) 1100 Voltage Waveform sine Battery Run Time
Power required 1000 watts for 3 hours
Transfer time (ms) 2-4 Operating Temperature -35C to +55 C Lightning / Surge Protection:
Passes ANSI/IEEE C.62.41/C.62.45 Cat A & B
Standard Features
Generator Hookup to service cabinet
Transient voltage protection from damaging line spikes
Low harmonic AC sine wave output
Intelligent Boost Operation for brownout protection available Noise suppression, FCC Class A
Multiple mounting configurations
UL / CSA listed
Power Conditioning
Intelligent Boost Operation (optional) increases output voltage 12% if input voltage falls between 17% to -23% of nominal.
Communication & Alarms
Form C dry relay contacts close on low battery
RS-232 status port
LED indicator for online, on battery, low battery, overload & fault
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Ethernet Port
23-13 Traffic Signal Controller : The CONTRACTOR shall furnish a new signal controller assembly as shown on the plans, and delivery of the controller shall be to the City’s Traffic Engineering Division for testing. The controller shall be a Trafficware Shelf Mount Commander ATC NT2 contr oller with the latest version of the SCOUT ATC software and capable of providing the phasing shown on the plans. It shall be possible to interconnect and fully interface the controller to the City's Central Traffic Signal Ma ster Computer. The hardware necessary to provide communication with the Central Traffic Signal Master Computer shall be an integral part of the control cabinet assembly.
All delivered material and equipment shall be in accordance with Section 86 of the State of California Department of Transportation Standard specifications and these special provisions.
The controller assembly will be connected to the Central Traffic Signal Master Computer and tested for a minimum of 10 working days. Equipment that fails this test operation shall be immediately repaired or replaced by the CONTRACTOR. After completion of tests, the CONTRACTOR shall install the controller cabinet as shown on the plans. 23-14 Controller Assembly:
This specification sets forth the minimum requirements for a TS-2 Type 1/Type 2 controller assemblies with a 16-position load bay, wired for eight phases and fully operational with all the components and plug-ins, malfunction management unit, bus interface unit, cabinet power supply, load switches, flashers and detectors including the controller unit. The controller assembly shall meet all applicable sections of the NEMA TS-2 1998 Standards and Caltrans Standard Specifications and Standard Plans.
23-15 Controller Cabinet: New controller cabinets shall conform to Section 86-
1.02Q(2), "Controller Cabinet," of the State Standard Specifications and these Special Provisions.
Controller cabinet foundations shall extend 4 inches above grade. The cabinet shall be a Type “Stretch P” cabinet and fabricated from aluminum sheet. The interior of the cabinet shall be painted powder coat white. The cabinet door shall be fitted with a No. 2 Corbin lock number 1548-1 or exact equivalent, and stainless steel handle with a 16mm (minimum) diameter shaft and three-point latch. The lock and latch design shall not allow the handle to open the cabinet unless the lock is engaged. A locking auxiliary police door shall be included to allow limited controller function access to switch the traffic controller between normal and flash operation. The police door-in-door shall be provided with a treasury type lock Corbin No. R357SGS or exact equivalent. The cabinet shall be “plug and play” ready with a Trafficware Shelf Mount Commander ATC NT2 controller with the latest version of the SCOUT ATC software. The cabinet layout shall be configured to provide adequate shelf space for all shelf-mounted required equipment (e.g., EVP rack, power supply, detector racks, BIU, video detection equipment, MMU, Modem/Switch, and Controller). At least 72 hours before the scheduled “signal turn-on”, the controller assemblies including video detection system, shall be fully wired, programmed, tested, and organized with no unnecessary loose cables or conductors. The
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
wiring in the cabinet shall be tie-wrapped in a neat/orderly fashion to the satisfaction of the City of Pleasanton.
The main door hinge shall be a one-piece, continuous piano hinge with a stainless steel pin running the entire length of the door. The hinge is attached in such a manner that no rivets or bolts are exposed.
The main door and police door-in-door shall close against a weatherproof and dust-proof, closed-cell neoprene gasket seal. The gasket material for the main door shall be a minimum of 0.250 inches thick by 1.00 inches wide. The gasket material for the police door shall be a minimum of 0.250 inches thick by 0.500 inches wide. The gaskets shall be permanently bonded to the cabinet.
The cabinet flange for securing the anchor bolts will not protrude outward from the bottom of the cabinet.
The cabinet and doors shall be powder coated to match the service cabinet color (# 14109 Federal Standard 595B Color or approved equal) unless otherwise noted on plans. The cabinet shall be constructed and wired to provide full TS -2 NEMA capability with both a Type 1 and Type 2 controller, 16 phase, 64 detector channel operation programmable through the controller, and shall include load switches and other equipment necessary to provide this phasing.
Facing the Cabinet door, the cabinet shall open on the right hand side. The power distribution panel shall be mounted on the inside right hand side. On the left hand side of the cabinet, 48 channels of loop detection will be landed. Interconnect terminal blocks shall be a minimum of 2 each 12 positions light duty terminal blocks rate for 5 amp and shall be provided with No. 6 x 3-mm {1/8 inches} binder head screws.
Cabinet shall be wired for two 762 Opticom Discriminators (or approved equal) to operate in the first detector rack. The cabinet shall be “plug and play” ready for a Trafficware Shelf Mount Commander ATC NT2 controller.
The cabinet shall be tested by the cabinet manufacturer prior to delivery on site. Any cabinet deficiencies identified by the ENGINEER shall be resolved by the CONTRACTOR at their expense prior to turn-on.
The "on-off" switch for the cabinet lighting fixtures shall be both a toggle switch mounted on the inside control panel, and a door -activated switch that turns the light on when the door is open and off when the door is closed. Cabinet shall be wired for manual control operation.
23-16 Auxiliary Equipment: Auxiliary equipment shall conform to Section 86 of the State Standard Specifications and these Special Provisions.
The load-switching device shall have indicator lamps for both the inputs and outputs of the device.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
The MMU (Malfunction Management Unit) monitoring device shall be installed external to and electrically independent of each controller unit. MMU shall meet or exceed all NEMA TS2 specifications along with the following:
• NEMA TS1 compatible (Type 12 operation), Advanced diagnostic features isolate problems,
Data logging capability allows viewing and recording of improper voltages; Event logging provides a detailed, time-stamped record of time change, MMU reset, MMU configuration changes, prior failures, AC line voltages, and signal sequence characteristics; Front panel shall have 24-mounted DIP switches allow for easy configuration of Field Check/Dual Enables and selection of options; 77 front paneled mounted LED’s provide a clear, concise, real-time indication of the status of all channel inputs and fault conditions, • Front panel mounted RJ-45 Ethernet Port facilitates computer interface; Also extended NEMA TS2 features including Advanced Hardware Architecture, Dual Indication Monitoring, GY-Dual Indication Monitoring, Field Check Monitoring, External Watchdog Monitoring, Program Card Absent Monitoring, Display LED Test, 12 Volt DC Monitoring, Modified CVM Latch.
Ethernet Over Fiber Switch
When Ethernet over fiber optic communication is being used a RuggedCom RS900 series managed Ethernet switch shall be required unless otherwise noted on the plans. Model to be approved by City of Pleasanton Traffic Engineering.
Ethernet Over Copper Switch
When Ethernet over Signal Interconnect Cable is used for communications an Actelis MetaLight Ethernet over Copper Bridge shall be required unless otherwise noted on the plans. Model to be approved by City of Pleasanton Traffic Engineering.
Closed Circuit Television Camera with Pan/Tilt/Zoom Control Not used.
23-17 Vehicle Signal Faces and Signal Heads: Vehicle signal faces and signal heads shall be in conformance with Section 86- 1.02R, "Signal Heads" of the Caltrans Standard Specifications and as shown on the Drawings.
Signal section housing shall be metal type and shall have 12-inch sections. Signal housings and mounting hardware shall be painted black and electrically powder coated. The backplates for mast arm mounted heads shall be ventilated. All backplates shall be such that they can be removed and reinstalled without requiring the removal of the traffic signals.
The second sentence in the third paragraph in Section 86- 1.02R(3), "Backplates," of the Caltrans Standard Specifications is amended to read:
Sections shall be joined using 1) aluminum rivets and washers painted or permanently colored to match the backplate, or 2) No. 10 machine screws with washer, lock washer and nut, painted to match the backplate.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
All vehicle signals shall be Dialight ITE Compliant “X” and “XL” 12-inch LED indications or approved equal and furnished by the CONTRACTOR. This specification LED modules to be used in place of the incandescent lamp, reflector, socket, gasket, and lens ass embly of the vehicle signal sections. Vehicle type LED modules shall fit in all standard, incandescent vehicle traffic signal housings. Each module shall also incorporate a printed circuit board inclusive of all of the LEDs and required circuit components, 36 inch 16 AWG wire leads with strain relief and spade terminals, a rigid housing for protection in shipping, handling and installation, and a one piece neoprene gasket. Screw -in type products are not allowed for vehicle signals.
All LED shall meet the latest ITE specifications and current Caltrans standards and measurement criteria for LED traffic signal modules, and shall conform to the following specifications:
Ball type signals shall utilize the LumiLeds (1) light engine as their source of illumination.
Lenses for ball type modules shall be made of ultraviolet stabilized polycarbonate, and incorporate facets that serve to enhance the optical efficiency of the LED traffic signal module. Individual lens -lets are specifically not allowed. The ball type signa ls shall incorporate an inner lens that is sealed to the lamp housing, and serves to collimate the light emitted by the LumiLeds (1) light engine. An outer lens shall also be incorporated, that serves to focus the collimated light, so as to meet ITE inten sity and distribution standards. Additionally, the LED shall almost perfectly, approximate to the motorist, the appearance of an incandescent traffic signal. This means that the face of the ball LED lamp shall appear to the motorist as nearly totally uniform in illumination, and have a wide viewing angle that makes it suitable for installation on wide boulevards or single -tethered span wire. This also means that it shall not be apparent that LEDs are used as the light source for the traffic signal ball. The external lens surface for all vehicle signals shall be smooth, with no raised features, so as to minimize the collection of dirt, diesel smoke, and other particulate contaminates, and to facilitate periodic cleaning. External lens facets are not allowed. The lens shall be keyed to the housing of the LED signal module to ensure the proper orientation and to avoid possible rotation during any handling. External lenses shall be hard-coated in compliance with Caltrans specifications.
The LEDs shall be mounted and soldered to a printed circuit board. The LED signal module shall be watertight when properly installed in a traffic signal housing. The LED signal module shall utilize the same mounting hardware used to secure the incandescent lens and gasket assembly, and shall only require a screwdriver or standard installation tool to complete the mounting. The LED signal module assembly shall weigh less than 5 pounds. For vehicle signals, the incandescent lamp sockets and reflectors shall be removed from the signal head housings. So as to minimize possible maintenance problems, the LED lamp module may not protrude into the signal visor area more than three -quarters of an inch in depth.
The housing of the LED signal module shall be marked ‘TOP’ to designate the proper orientation of the LED signal module in the traffic signal housing. The housing of red LED ball type traffic signal modules shall utilize a partial, embedded and integral me tal layer, in its design and construction. Manufacturer’s part number, date code, and electrical
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
characteristics of the LED signal module shall be visible on the rear of the assembly. A label shall be affixed to the back of all ball type modules, that certifies their complete compliance with the latest ITE VTCSH, Part II specification for LED traffic signal modules.
The LED traffic signal manufacturer shall be ISO 9001 certified.
The light intensity and distribution from red LED signal modules shall as a minimum, meet the July 1998 ITE VTCSH Part II, and current CALTRANS standards and measurement criteria for LED traffic signal modules. Test data to verify the performance for red and green ball signals as meeting the July 1998 ITE VTCSH, Part II intensity requirements @ 74 degrees Centigrade, shall be supplied from either:
Lighting Sciences
7630 East Evans Road
Scottsdale, AZ 85260
ETL Testing Laboratories
3933 US Route 11
Cortland, NY 13045-0950
or, other certified independent test lab. The light output of all LED vehicle signal modules shall meet ITE specifications for chromaticity.
The LEDs shall be connected in series parallel strings. No more than 1% of the total luminosity of the entire signal module may be lost in the event of a single string failure.
For red LED ball type signals, the failure of a single LED shall cause loss of light from only that LED. No loss of light output from the complete module assembly shall occur as a result of a single LED failure in a red LED ball lamp.
The control circuitry shall prevent the current flow through the LEDs in the off state to avoid any false indication as may be perceived by the human eye, during daylight and evening hours. The LED traffic signal module shall be operationally compatible with NEMA TS-1 and NEMA TS-2 conflict monitoring parameters. The intensity of the LED signal module shall not vary by more than 10% over the allowable voltage range as specified in the electrical section below.
Red balls shall maintain required intensity, as defined by the July 1998 ITE VTCSH, Part II intensity standards for LED traffic signal modules, over the temperature range of -40 degrees centigrade to +74 degrees centigrade, at 120 volts A.C., when new, and also after 3 years.
Power factor shall be 90% or greater, at nominal rated voltage, at 25C, after 60 minutes of operation. Total harmonic distortion (THD) shall be less than 20% at rated voltage, at 25C.
All LED traffic signal modules shall be in compliance with FCC noise regulations.
All green LEDs shall have a clear lens. No green tint lens allowed.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
The red LEDs shall utilize exclusively AlInGaP technology, either AS (Absorbing Substrate) or TS (Transparent Substrate), and shall not exhibit degradation of more than 30% of their initial light intensity following accelerated life testing (operating at 85 degrees C and 85% humidity, for 1000 hours). AlGaAs technology is not acceptable.
The LED signal modules shall be connected directly to line voltage, 120 Volts AC nominal, and shall be able to operate over the voltage range of 80 VAC to 135 VAC.
The 12” red ball units shall consume no more than a nominal 10.5 watts respectively, at 120 VAC, at 25 degrees centigrade. Maximum power consumption shall not exceed 12 watts respectively, at 120 VAC, at 25 degrees centigrade.
Red arrow type LED traffic signal modules shall be temperature -compensated so as to maintain intensity at elevated temperatures. Red arrow type LED traffic signal shall be tested and documented by CALTRANS as being in compliance with CALTRANS intensity standards for red arrows at elevated temperatures.
All LED traffic signal modules supplied shall be warranted for 5 years against manufacturing defects.
Red ball and red arrow traffic signal modules shall be performance warranted to be in compliance with July 1998 ITE VTCSH, Part II, and CALTRANS minimum intensity standards for LED traffic signal modules, at 74 degrees centigrade, for a period of three (3) years.
23-18.1 Pedestrian Signals: Pedestrian signals shall be in conformance with Section 86-
1.02S(3) "Pedestrian Signal Faces" of Caltrans Standard Specifications.
Pedestrian LED shall be 16” x 18” Full Hand/Full Man. The Countdown Module shall be standard for pedestrian LED signals. Alternate pedestrian LED signals shall be approved by the ENGINEER. The displayed messages shall be "UPRAISED HAND" and "WALKING PERSON" symbols. The unit “counts down”, or exhibits to the pedestrian a digital numerical display, as well as the Caltrans international graphic display, to communicate how much time remains to clear the intersection. The units shall have two optional operational modes; total countdown and clearance count down. The units shall be set to clearance countdown unless otherwise directed by the ENGINEER. The units shall be capable of “learning” automatically the walk time interval and the pedestrian clearance intervals whenever pedestrian timing changes are made. The housing shall be die cast from a one-piece corrosion-resistant aluminum alloy. Additionally, the UPRAISED HAND and WALKING PERSON symbols shall be LED filled. Outline of the symbols shall not be acceptable. The count-down display shall utilize Double LED rows.
The housing shall be die cast from a one -piece corrosion-resistant aluminum alloy. The housing door frame shall be hinged to the housing by stainless steel pins and hinge lugs integrally cast in the housing and door frame. Pedestrian signal housings and m ounting hardware shall be painted gloss black and electrically powder coated.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
23-18.2 Pedestrian Pushbuttons: Not used.
23-18.3 Accessible Pedestrian Signals (APS) : The APS shall be a Polara iNS 2 -wire system with shelf-mount Central Control Unit (iCCU-S2), Interconnect Board (iN2-ICB), SDLCCP (SDLC Cabinet Cable Package for ICCU-S2), and custom message option.
The buttons shall be black with a 5” X 7” informational faceplate. The pushbuttons shall have a directional arrow pointing in the direction to cross. Model to be approved by City of Pleasanton Traffic Engineering.
23-19.1 Loop Detection System: When applicable all loop detectors shall be rack mounted meeting or exceeding NEMA TS2 specification.
Sensor units shall be EDI Oracle 4E, or equal.
Detector sensor units furnished shall function without "locking up." If the detector sensor units furnished for the contract continually lock up when tuned for a motorcycle, as described herein, all furnished sensor units shall be replaced with another brand of detector at the CONTRACTOR’S expense.
23-19.2 Video Detection System: Shall be the AutoScope Vision Video Detection System by Econolite. The Video detection systems shall provide a minimum of 20 detection zones per camera, placed anywhere in the camera’s field of view. System hardware and software shall provide presence detection, bicycle discrimination, incident monitoring, high definition video, and traffic data collection. Available traffic data include statistics on volume, turning movements, occupancy, speed, density, headway, and vehic le classification in user selectable time periods of 10, 20, 30 seconds or 1, 5, 10, 15, 30, or 60 minutes.
The system shall include connectivity for IP -addressable broadband communications that supports digital H.264 video compression for streaming output.
The system shall use a single Interface Panel that connects at a minimum 4 video sensors.
The Panel shall be mountable to the sides of the traffic cabinet.
The camera shall require only a single 3 -conductor cable to operate. This set -up will provide power and data communications back to the traffic signal cabinet up to 1,000 feet away. The camera shall have HD resolution of at least 720p (1280x720 pixels). The camera shall be equipped with an integrated zoom lens that can be adjusted using configuration computer software. The Zoom lens shall have a 10X optical zoom and the field of view shall be adjustable over the range of 7 to 73 degrees horizontal and 5 to 58 degrees vertical.
The camera assembly shall be housed in a sealed IP -67 enclosure. In addition, the enclosure shall have a heater for the lens, a desiccant packet to absorb moisture, and a sunshield. The power and communications requirements of the video detection system shall be fully compatible with a standard TS2 cabinet configuration.
23-19.3 Microwave Detection System: Not used.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
23-20 Loop Installation Details: When applicable loop detector lead -in cable shall be Type B. Conductor for inductive detector loop shall be Type 2. All 6' X 6' loop shall consist of 4 turns per loop. No more than four 6-foot by 6-foot loops shall be connected to each sensor unit. Type E loop detectors 6 foot in diameter may be installed in lieu of Type A loops. All front loop detectors shall be Type D. When front loop detectors are used to supplement video detection, Type D loops shall be used. No spli ces are permitted in detector lead-in cables.
Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface.
The sealant for filling slots cut in pavement shall conform to the State Specification 86 -
1.02W(4) for Hot -Melt Rubberized Asphalt Sealant. Conductors to be buried in the pavement shall be installed only in the presence of the ENGINEER.
Where detector lead-in cables are connected to the terminal strips in the controller cabinet, the pressure terminal connectors shall be soldered to the detector lead in cables.
The CONTRACTOR shall identify loop wires by lane number, loop number, and start/finish using tie raps and permanent marker.
23-21 LED Luminaries: Luminaires shall be GE Evolve LED roadway lights. Model shall be ERL2 series. Part number to be approved by City of Pleasanton Traffic Engineering.
23-22 Edge-Lit Street Name Signs: Edge-Lit LED street name signs (SNS) shall be the Temple Razor Edge-Lit LED SNS, or approved equal.
Edge-Lit LED SNS installed on signal mast arms shall be the LED type per the Project Plans and these Specifications. Edge-Lit LED SNS shall operate maintenance-free for over 60,000 hours, with no bulbs or ballasts to replace. The technology consists of LED s mounted along the top and bottom edge of the sign, concealed in the frame. The Edge -Lit sign shall use high-flux LEDs. Edge-Lit Light shall be emitted vertically from the top and bottom through a clear acrylic sheet and refracted outwards horizontally through the sign legend.
Edge-Lit technology shall allow for an ultra -slim, unobtrusive frame that can be mounted in any arrangement. Edge -Lit SNS mounted shall be mounted on the Signal Mast Arm unless otherwise noted. Edge-Lit SNS signs shall be double sided signs installed using an underhang mounting per the manufacturer’s specifications. Edge -Lit LED SNS shall be White on a standard MUTCD Color 1177 (Green) background. All SNS lettering shall be the Series E standard lettering 8” Uppercase and 6” Lowercase.
The CONTRACTOR and ENGINEER shall verify the wording and spelling to be used on the signs prior to ordering equipment.
Sign brackets shall be the swivel type allowing movement in all directions.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
23-23 Photoelectric Control: Photoelectric control shall be Type V for traffic signals and Type IV for standard street lights. Photoelectric units shall be installed inside the service cabinet.
23-24 Modulated Signal Detection System: The modulated signal detection system shall be able to interface with the CITY'S "Opticom" detection system as manufactured by 3M or approved equal. The controllers shall be equipped with internal circuitry to provide programmable channels of emergency vehicle preemption. The detector shall have a minimum range of 2,500 feet.
The modulated signal detection system shall consist of a phase selector; detector for 1- channel or 2-channel detection; and interface cable.
The controller cabinets shall be wired with a "D" connector or special function cable to provide all necessary controller connections for emergency vehicle preemption. The phase selectors or discriminators shall be wired to provide emergency vehicle preemption for the emergency vehicle phases as shown on the Drawings.
Necessary communications cables shall be installed to allow modulated signal detector communications with the Trafficware Shelf Mount Commander ATC NT2 controller and the Traffic Operations Center, if applicable.
23-25 Intelligent Transportation Systems (ITS) Integration: Not used.
23-26 Removing, Reinstalling or Salvaging Electrical Equipment: Salvaged traffic signal equipment identified in the project plans shall be delivered to City of Pleasanton, Operations Service Center, 3333 Busch Road unless otherwise noted on the project plans.
The CONTRACTOR shall provide equipment, as necessary, to safely unload the equipment.
Full compensation for hauling and stockpiling salvaged electrical materials shall be considered as included in the contract lump sum price paid for "Signal Installation", and no additional compensation will be allowed.
23-27 Blank: Not used.
23-28 Payment : The lump sum price bid for "Signal Installation" shall include new controller assemblies, connection of the controller to the Traffic Signal Central Master Computer, interconnect cable splices within the controller cabinet, or at the City traffic computer, interconnect conduit, and all other parts and labor required for successful operation of the controller by the Traffic Signal Central Master Computer.
It shall also include a system detector controller, where required, system detection equipment, loops, etc., and any additional labor or equipment associated with each intersection, as shown on the plans.
Mobilization: 10% of the total contract price will be paid upon completion of mobilization.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Payment for Materials on Site: 50% of invoice cost for all signal poles, mast arms, cabinet, controller and hardware properly tested, stored and documented per all of the applicable provisions of these specifications.
Progress payments will be processed by the City according to the following schedule unless otherwise approved by the ENGINEER:
Percent of Lump Sum
Itemized Bid Signal Work Completed
(1) 20% All conduit in place. (2) 10% All foundations dug and concrete poured. (3) 15% All loops cut with wires and sealant in place and/or all video detection equipment installed and
operational.
(4) 5% All wire pulled in all conduits. (5) 20% All signal standards and poles erected. (6) 10% Handicap Ramps installed. (7) 5% All new signing and striping completed. (8) 10% Controller and cabinet installed and operational. (9) 5% Miscellaneous work completed.
TOTAL 100%
Said price shall include the controller testing by Signal Maintenance, Inc., including pick- up and deliveries, and providing a signal technician at the time the equipment is turned on, and no additional payment will be allowed therefore.
A complete and operational system shall be provided.
Item #7
CITY COUNCIL AGENDA REPORT
April 16, 2024
Finance
TITLE: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE PUN
GROUP, LLP FOR PROFESSIONAL AUDITING SERVICES FOR A THREE-YEAR
CONTRACT WITH AN OPTION TO EXTEND THE CONTRACT FOR TWO YEARS
FOR A TOTAL OF FIVE YEARS FOR A TOTAL NOT TO EXCEED AMOUNT OF $523,555 WITH UP TO 20 PERCENT CONTINGENCY
SUMMARY
State and Federal regulations and bond covenants require that an independent auditor conduct an annual audit of the City's financial records. Staff sent out a Request for Proposals for Professional Auditing Services in February 2024 and received four proposals from qualified firms. Staff requested interviews with all four firms and three were available for interviews. Staff has determined the most qualified firm is The Pun Group, LLP.
RECOMMENDATION
The Audit Committee met on March 26, 2024, to review the proposed contract for auditing services. A representative from The Pun Group attended the meeting and provided a presentation introducing their firm and the audit services that will be provided to the City. The Audit Committee recommended the City Council approve the contract with The Pun Group for auditing services for FY 2023/24, FY 2024/25, and FY 2025/26, with an option to extend the contract for two years.
Staff recommends the City Council:
• Approve a professional services agreement with The Pun Group for professional auditing services for a three-year contract with an option to extend the contract for two years for a total of five years for a total not to exceed amount of $523,555. • Authorize the City Manager or designee to execute the attached professional services agreement for a three-year contract and approve future contract amendments. • Authorize the City Manager or designee to approve up to 20 percent in contingency per fiscal year to cover testing of additional major programs associated with the single audit and the implementation of new Governmental Accounting Standards Board (GASB) pronouncements.
BACKGROUND
State and Federal regulations and bond covenants require that an independent auditor conduct an annual audit of the City's financial records. The City has used the auditing services of Lance, Soll & Lunghard, LLP for the past three years. Best practice guidance recommends that a public entity solicits for audit services no less than every five years. In addition, it is the City's practice to periodically rotate audit firms to obtain a fresh perspective on its financial operations. Based on this, staff circulated a Request for Proposals for Professional Auditing
Services in February 2024.
DISCUSSION
Staff received four responses (Proposals) to the Request for Proposals. The review criteria for the Proposals included a number of factors: (1) understanding of the engagement and the City’s needs, (2) experience of the firm and proposed individuals, (3) firm resources available for timely completion of audit and scheduling of work, (4) references from similar engagements, and (5) fees. Finance Department staff interviewed the three firms available for interviews to determine which firm could best meet the City’s needs for an audited Annual Comprehensive Financial Report (ACFR) and other reports. Staff contacted the references for the top firm selected from the interview process. Based on the interviews and references, staff concluded the most qualified and well-suited firm for the City is The Pun Group.
The Pun Group's proposed fees for the five-year term are presented below. Note that the basic fee only includes a charge for one major program associated with the single audit (i.e., audit of federal grants). The fee for auditing additional major programs will be $6,000 each.
The number of programs determined to be "major" will be based on OMB Uniform Guidance.
Staff recommends the City Council authorize the City Manager or designer to approve up to 20 percent in contingency per fiscal year to cover testing of additional major programs associated with the single audit and the implementation of new Governmental Accounting Standards Board (GASB) pronouncements.
FINANCIAL STATEMENT
The City’s contract fees with Lance, Soll & Lunghard, LLP for the FY 2022/23 audit and financial reports were $96,255 and included the implementation of Governmental Accounting Standards Board Subscription-Based Information Technology Arrangements (GASB 96). The Finance Department's budget will include the funding for the annual audit. The proposed contract begins with general audit planning and interim audit field work scheduled for April and June in this fiscal year and the year-end fieldwork will be conducted in October 2024. Funding for this agreement is currently in the operating budget general fund account 00116000- 430101.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine administrative matter of City business.
OUTREACH
No outreach was conducted, as this item is a routine administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
This action is aligned with the ONE Pleasanton Strategic Plan goal of Funding our Future, which supports financial health and sound fiscal policies through long-term planning, cost recovery, increased revenue, and cost containment.
FISCAL IMPACT
There is no fiscal impact associated with this action. Annual audit fees will be included in the operating budget that is adopted by the City Council every two years.
Prepared by: Dawn
DeMarcus
Submitted by: Approved by:
Dawn DeMarcus, Senior
Budget and Finance Analyst
Susan Hsieh, Director of Finance
Gerry Beaudin, City
Manager
Attachments:
1. Professional Services Agreement The Pun Group
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into this 23rd day of April 2024, between the CITY OF PLEASANTON, a municipal corporation ("City"), and The Pun Group, LLC whose address is 2121 North California Boulevard, Suite 290, Walnut Creek, CA 94596, and telephone number is (949) 777-8801, ("Consultant").
RECITALS
A. Consultant is qualified and experienced in providing auditing services for the purposes specified in this Agreement.
B. City finds it necessary and advisable to use the services of Consultant for the purposes provided in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:
1.Consultant's Services. Consultant shall diligently perform the services and furnish the reports described in the Request for Proposals for Professional Auditing Services (Issue Date: February 16, 2024) attached as Exhibit "A", Scope of Work, incorporated to the extent consistent with this Agreement.
2.City Assistance. In order to assist Consultant in this work, City shall provide, if necessary, the Assistance to Be Provided by the City as described in Exhibit A.
3.Staff. Consultant shall assign Frances J. Kuo to serve as the Engagement and Lead Partner, who may not be replaced without written consent of City.
4.Term. This contract shall commence on the date written above and continue for three years with an option to extend the contract for an additional two years for a total of five years. The work as described in Exhibit "A", Scope of Work, shall be completed by December 31, 2027 or by December 31, 2029 if extended for an additional two years
5.Compensation. For the services to be rendered, City shall pay Consultant $298,701 (across three (3) fiscal years), as described more particularly in Exhibit "B", which is attached and incorporated to the extent consistent with this Agreement. Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. Total compensation for services and reimbursement for costs shall not exceed $523,555 (across five (5) fiscal years) unless the parties agree pursuant to section 8.
a. Invoices submitted to City must contain a brief description of work performed, percentage of work completed, percentage of contract time used, percentage of contract amount expended and City reference number _________. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.
b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by
RFP for Professional Auditing Services
City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
6. Sufficiency of Consultant's Work. By executing this Agreement, Consultant warrants that all services will be performed in a competent, professional and satisfactory manner.
Should Consultant discover any latent or unknown conditions, it shall immediately inform City and proceed only at its own risk until instructed by City.
7.Ownership of Work. All reports, work data, and all other documents completed or partially completed by Consultant in the performance of this Agreement (“materials”) shall become the property of City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential and shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services unless the City provides prior written consent.
8.Changes. City may request changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.
9.Consultant's Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.
10.Termination of Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.
11.Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
12. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph.
RFP for Professional Auditing Services
13. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense the following insurance coverage with insures with an A.M. Best’s rating of no less than A:VII.
a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $1,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.
b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $1,000,000 per person/per occurrence.
c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. d. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City's execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. In addition, the insured shall provide thirty (30) days prior written notice to the City of any suspension, cancellation, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
e. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.
f. Defense Costs. Coverage shall be provided on a “pay on behalf’ of basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. g. Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.
14.Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant:The Pun Group, LLCTo City: City Manager
Attn: Frances J. Kuo City of Pleasanton
2121 North California Blvd., Ste 290 P.O. Box 520
Walnut Creek, CA 94596 Pleasanton, CA 94566
15. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any
RFP for Professional Auditing Services
legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
16. Licenses, Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.
17. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of five (5) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.
18. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City.
Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Agreement. If such an interest occurs, Consultant will immediately notify the City.
20. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.
21. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.
22. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.
23. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.
24. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
25. Scope of Agreement. This writing constitutes the entire Agreement between the parties. Any modification to the Agreement shall be in writing and signed by both parties.
RFP for Professional Auditing Services
THIS AGREEMENT executed the date and year first above written.
CITY OF PLEASANTON CONSULTANT
By: _________________________ By____________________________ Gerry Beaudin, City Manager
Its____________________________
ATTEST:
______________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren City Attorney
[If Consultant is a corporation, signatures must comply with California Corporations Code §313]
RFP for Professional Auditing Services
Exhibit A
Item #8
CITY COUNCIL AGENDA REPORT
April 16, 2024
Finance
TITLE: ADOPT A RESOLUTION APPROVING AN INTERFUND LOAN FROM THE
EQUIPMENT REPLACEMENT FUND TO THE RECYCLED WATER FUND IN THE AMOUNT OF $965,160 FOR A TERM OF NOT MORE THAN FIVE YEARS TO REDEEM THE OUTSTANDING 2017 WATER REVENUE BONDS; AND
APPROVE AMENDMENTS TO THE FISCAL YEAR 2023/24 BUDGET
SUMMARY
At the March 5, 2024, City Council meeting, staff provided an update regarding debt financing associated with interim water improvement projects. The costs for these improvements, including the initial design work for the per- and polyfluorinated substances (PFAS) construction project, are estimated to range from $18 to $19 million.
Staff anticipates returning to the City Council on May 7, 2024, with a recommendation to approve the bond sale. The City will sell bonds around the third week of May and close (money in the project fund) in the first week of June.
Due to the financial challenges in the Water Fund, the City did not meet the required debt service coverage in FY 2022/23. To meet the debt service coverage requirements to issue additional debt, the City needs to defease (i.e., the debt on the bond will be paid through cash or issuance of new bonds) the 2017 Water Revenue Bonds prior to their maturity on 2/1/2025.
This debt will no longer be outstanding once the 2017 Water Revenue Bonds are paid off.
RECOMMENDATION
Adopt a resolution approving an interfund loan from the Equipment Replacement Fund to the Recycled Water Fund in the amount of $965,160 for a term of not more than five years to redeem the outstanding 2017 Water Revenue Bonds; and approve amendments to the Fiscal Year 2023/24 Budget
BACKGROUND
To issue additional bonds secured by revenues from the Water Fund, the City must comply with additional bond test provisions in the 2015 California Clean Water State Revolving Fund (SRF) Agreement and the 2017 Trust Agreement related to the 2017 Water Revenue Bonds.
The latter requires debt service coverage of 1.25 times of net revenue for the most recent fiscal year and proceeding five fiscal years. This provision would not apply if the bonds are defeased prior to the issuance of the proposed 2024 Water Revenue Bonds. The City did not meet this provision in FY 2022/23, its most recent fiscal year.
2017 Water Revenue Bond
The City, through the Pleasanton Joint Powers Financing Authority, issued the 2017 Water Revenue Bond ($7.1 million) to participate in funding the Dublin San Ramon Services District (DSRSD) - East Bay Municipal Utility District (EBMUD) - Recycled Water Agency (DERWA)
treatment plant facilities expansion project to be able to meet forecasted recycled water demands for all the City’s new recycled water irrigation customers. The City has one remaining debt service payment ($980,640) on the Bonds, which is due February 1, 2025. If the City were to defease this final payment prior to issuing the proposed 2024 Water Revenue Bonds, the City would meet its additional bonds provision with the SRF Agreement, and the 2017 Water Revenue Bonds would no longer be outstanding. The 2017 bonds can be defeased through a refunding (connected with the proposed 2024 financing) or prepayment of outstanding principal and accrued interest in advance of the maturity date with cash on hand.
DISCUSSION
The City is looking to defease the 2017 Water Revenue Bonds to provide flexibility in the timing and structuring of the proposed 2024 Water Revenue Bonds. The Recycled Water Fund currently does not have sufficient cash to prepay the bonds. Staff recommends borrowing funds from the Equipment Replacement Fund (an Internal Service Fund) to redeem the outstanding bonds. This borrowing method is less expensive than refinancing the debt, as refinancing will incur more interest expense over time. The fund balance in the Equipment Replacement Fund is approximately $3.0 million, and a portion of the fund balance is set aside for replacements in future years. These available funds can be lent to the Recycled Water Fund.
The City and its financial advisor (PFM) reached out to JPMorgan to inquire about making an early payment on outstanding principal and accrued interest to defease the bonds. If the City were to defease the bonds on April 30, 2024, the total payment would equal $965,160, which breaks down to $960,000 in outstanding principal, and $5,103 in accrued interest, and $57 in JPMorgan processing fees. If the City were to wait until the bonds mature on February 1, 2025, the total principal and interest payment would be $980,640.
The terms of the interfund loan are summarized below. A five-year repayment term is recommended to lower the overall Water Fund annual debt service payment due to the anticipated new debt. Assuming the interest rate is 1.5%, the estimated annual debt service payment is $201,800. The total interest expense is estimated at $43,900. The total debt service payment is estimated at $1,009,000. Note that the interest expense may be higher if the City’s investment returns are higher than 1.5%.
Summary Loan Terms
• Loan amount: $965,160. Funds from the Equipment Replacement Fund should be transferred to the Recycle Water Fund by April 30, 2024. • Term: Five years with the final payment due in June 2028. Principal can be paid off any time during the five-year period without penalty.
• Interest rate: Variable interest rates based on the investment return generated by the City’s investment pool. The current return is about 1.5%. • Repayment method: Principal and interest due annually in June. The first payment is due in June 2024.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is an administrative matter of City business.
OUTREACH
No outreach was conducted, as this item is an administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
Approval of this action aligns with the ONE Pleasanton strategic plan goals of Investing in Our Environment, Strategy 3 -Identify funding and implement the recommendations from the Water Supply Alternative Study to resolve PFAS water quality issues, as well as Funding Our Future to support financial health and sound fiscal pollices through long-term planning, cost recovery, increased revenue, and cost containment.
FISCAL IMPACT
Staff recommends the City Council adopt a resolution approving an interfund loan from the Equipment Replacement Fund (Fund 514) to the Recycled Water Fund (Fund 425) in the amount of $965,160 for a term of not more than five years to redeem the outstanding 2017 Water Revenue Bonds, and approve amendments to the Fiscal Year 2023/24 Budget. The terms for the interfund loan are summarized in the discussion section above.
Prepared by: Submitted by: Approved by:
Susan Hsieh, Director of
Finance
Susan Hsieh, Director of Finance
Gerry Beaudin, City
Manager
Attachments:
1. Resolution
Attachment 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING AN
INTERFUND LOAN FROM THE EQUIPMENT REPLACEMENT FUND TO THE RECYCLED WATER FUND IN THE AMOUNT OF $965,160 FOR A TERM OF NOT MORE THAN FIVE YEARS TO REDEEM THE OUTSTANDING 2017 WATER REVENUE BONDS; AND APPROVE AMENDMENTS TO THE FISCAL YEAR 2023/24 BUDGET
WHEREAS, the City is looking to defease the 2017 Water Revenue Bonds to provide flexibility in the timing and structuring of the proposed 2024 Water Revenue Bonds; and WHEREAS, the Recycled Water Fund currently does not have sufficient cash to prepay the bonds; and
WHEREAS, the Equipment Replacement Fund (an Internal Service Fund) will lend $965,160 to the Recycled Water Fund to redeem the outstanding bonds.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
Section 1:Approve an interfund loan from the Equipment Replacement Fund (Fund 514) to the Recycled Water Fund (425) in the amount of $965,160 for a term of not more than five years to redeem the outstanding 2017 Water Revenue Bonds.
Section 2:Approve amendments to the Fiscal Year 2023/24 budget.
Section 3:Adopt the terms of the interfund loan as specified below.
Loan amount: $965,160. Funds from the Equipment Replacement Fund should be transferred to the Recycle Water Fund by April 30, 2024.
Term: Five years with the final payment due in June 2028. Principal can be paid off anytime during the five-year period without penalty.
Interest rate: Variable interest rates based on the investment return generated by the City’s investment pool. The current return is about 1.5%.
Repayment method: Principal and interest due annually in June. The first payment is due in June 2024.
Section 4:The City Clerk shall certify the passage of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Attachment 1
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel Sodergren, City Attorney
Item #9
CITY COUNCIL AGENDA REPORT
April 16, 2024
Finance
TITLE: ACCEPT THE MONTHLY DISBURSEMENTS AND INVESTMENT REPORT FOR FEBRUARY 2024
SUMMARY
Attached is the City's monthly disbursements and investment report for the month of February 2024.
RECOMMENDATION
Accept claim disbursements in the amount of $18,923,050 and the investment report for the month of February 2024.
BACKGROUND
The City's Investment Policy requires the Director of Finance to submit a monthly transaction report to the City Council within 60 days of the end of the reporting period in accordance with California Government Code Section 53607.
The Investment Policy also requires the Director of Finance to submit a quarterly report to the City Council on the status of the City's investment portfolio no later than 45 days after the end of each month. This report shall include the types of investments, the amount of money invested with various institutions, purchase and maturity dates, and yield on investments. The Director of Finance certifies that the investment portfolio is in compliance with the investment policy and that it will meet cash flow needs for the next six months.
The staff report also includes check and electronic payment information for February 2024.
DISCUSSION
Monthly disbursements and investment report provides transparency of the City’s financial transactions and payments for review by the City Council. Please note that the medium term note with 3M Company is rated at A by Moody's and rated at BBB+ by S&P. A rating of A indicates the investment grade is very high and a rating of BBB+ indicates the investment grade is good. When this investment was purchased in 2019, it met the A rating category required by the City's investment policy. This investment is scheduled to mature in February 2025. Staff has been monitoring this investment and will take action such as selling the security before maturity if warranted.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine administrative matter of City business.
OUTREACH
No outreach was conducted, as this item is a routine administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
No outreach was conducted, as this item is a routine administrative matter of City business.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by: Dawn
DeMarcus
Submitted by: Approved by:
Dawn DeMarcus, Senior
Budget and Finance Analyst
Susan Hsieh, Director of Finance
Gerry Beaudin, City
Manager
Attachments:
1. Disbursement and Investment Report
FEBRUARY 2024 DISBURSEMENTS
CHECK REGISTER*
DATE CHECK NUMBER AMOUNT
2/1/2024 59760-59893 3,227,833$
2/8/2024 59900-60024 1,249,381
2/9/2024 60048 437,982
2/15/2024 60049-60196 2,443,445
2/15/2024 600206-60210 6,208
2/23/2024 60211-60343 796,358
2/29/2024 60353-60464 1,657,690
9,818,897$
ACH PAYMENTS
DATE CHECK NUMBER AMOUNT
2/1/2024 59894-59899 92,596$
2/8/2024 60025-60047 3,870,617
2/15/2024 60197-60205 288,277
2/23/2024 60344-60352 162,104
2/29/2024 60465 29,516
Payroll & Tax related ACH Payments 413,363
4,856,474$
WIRE TRANSFERS AMOUNT
HUD grant allocation adjustment 509$
2017 Water Revenue Bond Debt Service 960,425
960,934$
PAYROLL TRANSFERS
DATE AMOUNT
2/8/2024 1,604,512$
2/13/2024 59,709
2/23/2024 1,622,524
3,286,745$
TOTAL DISBURSEMENTS 18,923,050$
* Detailed registers available upon request.
ATTACHMENT 1
$228,417,354
1.53%
566
*Based on Market value
Total Market Value
Effective Rate of Return
Portfolio Snapshot
Average Days to Maturity
Portfolio Characteristics
February 29, 2024
0.2%22.6%11.3%1.2%64.3%0.4%Sector Allocation
Certificates of Deposit - Bank
LAIF
Medium Term Notes
Federal Agency Issues - Coupon
Federal Agency Issues - Callable
Supranationals
- 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 70,000,000 80,000,000 90,000,000 100,000,0000-1 Yrs 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs29%42%30%Maturity Distribution22.6%0.2%4.5%71.4%0.4%0.8%Assigned Credit Ratings of InvestmentsLAIFFDICAAAAAABBB
CITY OF PLEASANTON
Portfolio Management
February 29, 2024
City of Pleasanton
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
MaturityTerm
YTM
360 Equiv.
YTM
365 Equiv.
Certificates of Deposit - Bank 491,206.57 5600.20 2.11046491,206.57491,206.57 2.139 LAIF 52,000,000.00 121.45 4.066151,664,242.8152,000,000.00 4.122 Medium Term Notes 27,513,515.08 1,80111.35 1.57347325,830,316.3026,970,000.00 1.594 Federal Agency Issues - Coupon 2,995,657.09 1,8251.24 1.2621,0252,745,600.003,000,000.00 1.280 Federal Agency Issues - Callable 158,420,440.80 1,82265.35 0.903760146,772,778.00158,630,000.00 0.916 Supranationals 980,200.00 1,7040.40 0.922727913,210.001,000,000.00 0.935 242,401,019.54 100.00%
Investments
228,417,353.68242,091,206.57 1,426 566 1.665 1.688
Current Year
February 29
337,798.90
Fiscal Year To Date
2,350,935.57
Average Daily Balance
Effective Rate of Return
243,504,467.82 230,473,129.00
1.53%1.75%
Total Earnings Month Ending
I hereby certify that, to the best of my knowledge, this report includes all investments in the cash management program, is in accordance with the City's current investment policy dated June 20, 2023 and will meet the City's cash flow needs for the next six months. Market value amounts are from Bank of New York Mellon (safekeeping bank) month-end statements. Book value amounts include premiums or discounts and are adjusted at year end on the general ledger. __________________________________________________ ____________________
SUSAN HSIEH, DIRECTOR OF FINANCE
Portfolio PLST
CC
Reporting period 02/01/2024-02/29/2024
Run Date: 04/01/2024 - 19:25 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
4/3/2024
YTM365Page 1Par Value Book ValueMaturityDateStatedRateMarket ValueFebruary 29, 2024Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PLEASANTONDays toMaturityYTM360CUSIP Investment #PurchaseDateCertificates of Deposit - Bank4.000Fremont Bank1093 230,000.00 230,000.00 04/21/20244.00004/21/2023 230,000.00 3.945SYS 1093 510.500United Business Bank1091 261,206.57 261,206.57 04/11/20240.50004/11/2022 261,206.57 0.493UBB1091 41491,206.57 2.110491,206.57491,206.57491,206.57Subtotal and Average 2.139 46LAIF4.122LOCAL AGENCY INVESTMENT FUND5 52,000,000.00 52,000,000.00 4.12251,664,242.81 4.066SYS5 152,000,000.00 4.06651,664,242.8152,000,000.0053,103,448.28Subtotal and Average 4.122 1Medium Term Notes1.8233M Company6053 2,000,000.00 2,016,869.48 02/14/20252.00002/14/2020 1,932,040.00 1.79888579YBH3 3502.753Apple Inc.6045 2,000,000.00 2,009,000.00 05/11/20242.85005/03/2019 1,989,140.00 2.716037833CU2 711.800Apple Inc.6048 1,040,000.00 1,040,000.00 09/11/20241.80001/07/2020 1,021,633.60 1.775037833DM9 1941.965Apple Inc.6049 1,000,000.00 1,037,212.20 01/13/20252.75001/13/2020 979,140.00 1.938037833DF4 3180.732Apple Inc.6065 2,000,000.00 1,996,860.00 02/08/20260.70002/08/2021 1,848,600.00 0.722037833EB2 7090.981Apple Inc.6066 3,000,000.00 3,331,380.00 02/23/20263.25002/23/2021 2,910,570.00 0.967037833BY5 7241.100JPMorgan Chase Bank NA6068 3,000,000.00 3,000,000.00 06/22/20261.10006/22/2021 2,683,680.00 1.08546632FSCO 8432.808PACCAR FINANCIAL CORP6062 1,330,000.00 1,294,196.40 08/15/20242.15003/31/2020 1,310,036.70 2.77069371RQ25 1672.000Toyota Motor Credit Corp6046 1,600,000.00 1,599,984.00 10/07/20242.00010/24/2019 1,567,136.00 1.97389236TGL3 2201.090Toyota Motor Credit Corp6067 3,000,000.00 2,959,140.00 01/09/20260.80003/09/2021 2,782,170.00 1.07589236THW8 6791.821Truist Bank6058 2,000,000.00 1,969,486.00 03/10/20251.50003/13/2020 1,921,600.00 1.79689788JAA7 3741.690EXXON MOBIL CORPORATION6056 3,000,000.00 3,145,587.00 03/06/20252.70903/11/2020 2,929,410.00 1.66730231GAF9 3701.777EXXON MOBIL CORPORATION6064 2,000,000.00 2,113,800.00 03/19/20252.99204/20/2020 1,955,160.00 1.75330231GBH4 38327,513,515.08 1.57325,830,316.3026,970,000.0027,513,515.08Subtotal and Average 1.594 473Federal Agency Issues - Coupon1.280FEDERAL HOME LOAN BANK3576 3,000,000.00 2,995,657.09 12/21/20261.25012/22/2021 2,745,600.00 1.2623130AQF65 1,0252,995,657.09 1.2622,745,600.003,000,000.002,995,657.09Subtotal and Average 1.280 1,025Federal Agency Issues - Callable0.715FEDERAL FARM CREDIT BANK4537 3,000,000.00 2,997,750.00 06/30/20250.70007/06/2020 2,837,580.00 0.7063133ELQ49 4860.550FEDERAL FARM CREDIT BANK4548 3,340,000.00 3,336,660.00 09/29/20250.53010/05/2020 3,125,371.60 0.5433133EMBJ0 5771.050FEDERAL FARM CREDIT BANK4575 3,000,000.00 3,000,000.00 03/25/20261.05003/25/2021 2,781,990.00 1.0363133EMUK6 7540.921FEDERAL FARM CREDIT BANK4595 3,000,000.00 2,997,000.00 06/15/20260.90006/24/2021 2,751,510.00 0.9083133EMH21 8360.620FEDERAL HOME LOAN BANK4544 3,000,000.00 2,997,000.00 08/27/20250.60008/27/2020 2,818,650.00 0.6123130AJZ36 5440.595FEDERAL HOME LOAN BANK4553 3,000,000.00 2,996,250.00 11/25/20250.57011/25/2020 2,786,970.00 0.5873130AKGD2 634Portfolio PLSTCCRun Date: 04/01/2024 - 19:25PM (PRF_PM2) 7.3.11Report Ver. 7.3.11
YTM365Page 2Par Value Book ValueMaturityDateStatedRateMarket ValueFebruary 29, 2024Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PLEASANTONDays toMaturityYTM360CUSIP Investment #PurchaseDateFederal Agency Issues - Callable0.625FEDERAL HOME LOAN BANK4555 3,000,000.00 3,000,000.00 01/22/20260.62501/22/2021 2,777,010.00 0.6163130AKQ74 6920.650FEDERAL HOME LOAN BANK4557 3,000,000.00 3,000,000.00 01/28/20260.65001/28/2021 2,772,720.00 0.6413130AKRN8 6980.110FEDERAL HOME LOAN BANK4558 3,000,000.00 3,000,000.00 02/12/20260.60002/12/2021 2,768,640.00 0.1093130AKXQ4 7130.650FEDERAL HOME LOAN BANK4559 3,000,000.00 3,000,000.00 02/26/20260.65002/26/2021 2,768,190.00 0.6413130AKZ25 7270.625FEDERAL HOME LOAN BANK4560 3,000,000.00 3,000,000.00 02/17/20260.62502/17/2021 2,770,290.00 0.6163130AL3S1 7180.650FEDERAL HOME LOAN BANK4561 3,000,000.00 3,000,000.00 02/24/20260.65002/24/2021 2,771,190.00 0.6413130AL5X8 7250.616FEDERAL HOME LOAN BANK4562 3,125,000.00 3,122,500.00 02/24/20260.60002/24/2021 2,881,156.25 0.6083130AKXJ0 7250.750FEDERAL HOME LOAN BANK4563 3,000,000.00 3,000,000.00 02/24/20260.75002/24/2021 2,773,860.00 0.7403130ALCV4 7250.800FEDERAL HOME LOAN BANK4565 3,000,000.00 3,000,000.00 03/16/20260.80003/16/2021 2,772,750.00 0.7893130ALDN1 7450.875FEDERAL HOME LOAN BANK4569 3,000,000.00 3,000,000.00 03/23/20260.87503/23/2021 2,775,060.00 0.8633130ALGC2 7521.000FEDERAL HOME LOAN BANK4571 3,000,000.00 3,000,000.00 03/30/20261.00003/30/2021 2,777,550.00 0.9863130ALMM3 7590.922FEDERAL HOME LOAN BANK4572 3,000,000.00 2,989,560.00 02/26/20260.85003/15/2021 2,779,440.00 0.9093130ALGR9 7270.947FEDERAL HOME LOAN BANK4574 3,000,000.00 2,985,960.00 02/26/20260.85003/18/2021 2,779,440.00 0.9343130ALGR9 7270.959FEDERAL HOME LOAN BANK4576 3,000,000.00 2,987,700.00 03/23/20260.87503/23/2021 2,775,060.00 0.9463130ALGC2 7520.971FEDERAL HOME LOAN BANK4577 3,000,000.00 2,982,510.00 02/26/20260.85003/22/2021 2,779,440.00 0.9583130ALGR9 7270.993FEDERAL HOME LOAN BANK4578 3,000,000.00 2,998,050.00 03/30/20260.98003/30/2021 2,779,200.00 0.9803130ALNT7 7591.000FEDERAL HOME LOAN BANK4579 3,000,000.00 2,978,517.00 02/26/20260.85003/31/2021 2,779,440.00 0.9863130ALGR9 7271.051FEDERAL HOME LOAN BANK4580 3,000,000.00 2,995,500.00 04/15/20261.02004/15/2021 2,777,010.00 1.0363130ALUC6 7751.026FEDERAL HOME LOAN BANK4581 3,000,000.00 2,996,250.00 03/30/20261.00004/05/2021 2,777,550.00 1.0123130ALMM3 7591.020FEDERAL HOME LOAN BANK4585 2,795,000.00 2,795,000.00 05/19/20261.02005/20/2021 2,577,521.05 1.0063130AMCL4 8091.010FEDERAL HOME LOAN BANK4587 3,000,000.00 2,998,500.00 05/26/20261.00005/26/2021 2,763,300.00 0.9963130AMH62 8160.987FEDERAL HOME LOAN BANK4588 3,000,000.00 2,998,950.00 05/26/20260.98005/26/2021 2,762,040.00 0.9743130AMGW6 8160.901FEDERAL HOME LOAN BANK4590 2,750,000.00 2,746,562.50 05/26/20260.87506/02/2021 2,525,820.00 0.8883130AMHB1 8161.000FEDERAL HOME LOAN BANK4591 1,500,000.00 1,500,000.00 05/26/20261.00006/02/2021 1,381,650.00 0.9863130AMH62 8161.030FEDERAL HOME LOAN BANK4592 3,000,000.00 3,000,000.00 06/30/20261.03006/30/2021 2,756,070.00 1.0163130AMSL7 8511.070FEDERAL HOME LOAN BANK4594 3,000,000.00 3,000,000.00 06/30/20261.07006/30/2021 2,761,170.00 1.0553130AMYA4 8511.000FEDERAL HOME LOAN BANK4596 1,500,000.00 1,500,000.00 06/30/20261.00006/30/2021 1,377,045.00 0.9863130AN2Q2 8511.025FEDERAL HOME LOAN BANK4597 3,000,000.00 2,999,250.00 07/14/20261.02007/14/2021 2,751,510.00 1.0113130AMWK4 8651.033FEDERAL HOME LOAN BANK4598 3,000,000.00 2,983,500.00 09/30/20260.92009/30/2021 2,722,980.00 1.0193130AP2P9 9431.085FEDERAL HOME LOAN BANK4599 3,000,000.00 2,997,750.00 10/14/20261.07010/14/2021 2,730,480.00 1.0713130APC94 9571.421FEDERAL HOME LOAN BANK4600 530,000.00 526,947.20 11/24/20261.30012/09/2021 483,322.90 1.4013130APU78 9981.421FEDERAL HOME LOAN BANK4601 1,840,000.00 1,829,401.60 11/24/20261.30012/09/2021 1,677,951.20 1.4013130APUR4 9981.459FEDERAL HOME LOAN BANK4602 3,000,000.00 2,988,000.00 12/01/20261.37512/09/2021 2,740,560.00 1.4393130APVC6 1,0051.370FEDERAL HOME LOAN BANK4603 3,000,000.00 3,000,000.00 12/30/20261.37012/30/2021 2,733,090.00 1.3513130AQEC3 1,0341.385FEDERAL HOME LOAN BANK4604 3,000,000.00 2,998,500.00 12/30/20261.37512/30/2021 2,733,480.00 1.3663130AQEF6 1,0341.425FEDERAL HOME LOAN BANK4605 3,000,000.00 2,999,250.00 12/29/20261.42001/03/2022 2,737,470.00 1.4063130AQG80 1,033Portfolio PLSTCCRun Date: 04/01/2024 - 19:25PM (PRF_PM2) 7.3.11
YTM365Page 3Par Value Book ValueMaturityDateStatedRateMarket ValueFebruary 29, 2024Portfolio Details - InvestmentsAverageBalanceIssuerPortfolio ManagementCITY OF PLEASANTONDays toMaturityYTM360CUSIP Investment #PurchaseDateFederal Agency Issues - Callable1.541FEDERAL HOME LOAN BANK4606 3,000,000.00 2,982,750.00 12/29/20261.42001/10/2022 2,737,470.00 1.5193130AQG80 1,0331.926FEDERAL HOME LOAN BANK4607 3,000,000.00 2,975,010.00 01/28/20271.75002/08/2022 2,763,780.00 1.9003130AQLD3 1,0632.112FEDERAL HOME LOAN BANK4608 3,000,000.00 2,995,500.00 02/25/20272.08003/08/2022 2,790,810.00 2.0833130AQW66 1,0910.707FREDDIE MAC4535 3,000,000.00 2,998,950.00 06/23/20250.70006/23/2020 2,842,530.00 0.6973134GVZ68 4790.657FREDDIE MAC4545 3,000,000.00 2,998,950.00 09/09/20250.65009/09/2020 2,817,960.00 0.6483134GWA55 5570.550FREDDIE MAC4547 3,000,000.00 3,000,000.00 09/30/20250.55009/30/2020 2,806,740.00 0.5423134GWW93 5780.566FREDDIE MAC4549 3,000,000.00 2,997,600.00 09/30/20250.55010/07/2020 2,806,740.00 0.5593134GWWT9 5780.600FREDDIE MAC4550 3,000,000.00 3,000,000.00 10/28/20250.60010/28/2020 2,799,990.00 0.5923134GW3F1 6060.620FREDDIE MAC4554 3,000,000.00 3,000,000.00 12/01/20250.62012/01/2020 2,790,420.00 0.6123134GXDM3 6400.707FEDERAL NATIONAL MORTGAGE ASSN4538 3,250,000.00 3,248,862.50 07/14/20250.70007/14/2020 3,073,980.00 0.6973136G4YH0 5000.710FEDERAL NATIONAL MORTGAGE ASSN4541 3,000,000.00 3,000,000.00 07/22/20250.71007/22/2020 2,835,210.00 0.7003136G4A45 5080.600FEDERAL NATIONAL MORTGAGE ASSN4552 3,000,000.00 3,000,000.00 11/25/20250.60011/25/2020 2,783,280.00 0.5923135GA3W9 6340.550FEDERAL NATIONAL MORTGAGE ASSN4556 3,000,000.00 3,000,000.00 01/28/20260.55001/28/2021 2,771,340.00 0.5423135G06R9 698158,420,440.80 0.903146,772,778.00158,630,000.00158,420,440.80Subtotal and Average 0.916 760Supranationals0.935International Finance Corp7000 1,000,000.00 980,200.00 02/26/20260.50006/28/2021 913,210.00 0.92245950VPS9 727980,200.00 0.922913,210.001,000,000.00980,200.00Subtotal and Average 0.935 7271.665243,504,467.82 242,091,206.57 1.688 566228,417,353.68 242,401,019.54Total and AveragePortfolio PLSTCCRun Date: 04/01/2024 - 19:25PM (PRF_PM2) 7.3.11
Item #10
CITY COUNCIL AGENDA REPORT
April 16, 2024
Fire
TITLE: PUBLIC HEARING: RECEIVE ANY PROTESTS AND ADOPT A RESOLUTION TO APPROVE THE 2024 WEED ABATEMENT PROGRAM AND AUTHORIZE THE
ABATEMENT OF WEEDS, RUBBISH, DIRT, OR REFUSE UPON OR IN FRONT
OF CERTAIN DESCRIBED PROPERTIES WITHIN THE CITY OF PLEASANTON
SUMMARY
On March 5, 2024, as part of the 2024 Livermore-Pleasanton Fire Department (LPFD) Weed Abatement Program, the City Council adopted Resolution No. 2024-010 declaring that weeds, dirt, rubbish and refuse on or in front of specified properties constituted a public nuisance, ordering the abatement thereof, and setting a public hearing to hear objections to the proposed abatement. The purpose of this public hearing is for the City Council to hear and consider objections and order that the weeds be abated by a contractor.
RECOMMENDATION
Public Hearing: Receive any protests and adopt a resolution to approve the 2024 Weed Abatement Program and authorize the abatement of weeds, rubbish, dirt, or refuse upon or in front of certain described properties within the city of Pleasanton.
BACKGROUND
The weed abatement program, provided in Government Code Sections 39560 - 39588, establishes a mechanism for ensuring the removal of weeds, dirt, rubbish and refuse on specified properties that constitute a public nuisance. All the owners of properties included in the attached Exhibit A have been mailed a notice to abate the nuisance on their parcels.
In cases where there was an insufficient mailing address, the notice was posted conspicuously on the property. The notice included the public hearing date of April 16, 2024, and the deadline of May 31, 2024. Applicable weed abatement standards were also included depending upon which type of parcel was identified. Parcels have been categorized into three areas:
agricultural, parcels within the Wildland-Urban interface, and all others falling outside these two categories.
DISCUSSION
At this hearing, the City Council is charged with considering the proposed abatement on the enumerated properties. Staff recommends the City Council overrule any objections or amend the list of properties to be abated, and order the abatement. The City Council should then adopt the attached resolution, as amended (if at all), that orders a contractor to abate the weeds on the properties attached in Exhibit A.
After this hearing, fire inspectors will survey each parcel listed for compliance. If abatement has not occurred by May 31, 2024, a contractor will abate the weeds. If related litigation (e.g., an abatement warrant) is required, the property owners will be responsible not only for the
abatement costs, but also all related attorneys' fees, expenses, and costs. At a public hearing this summer, staff will recommend that the City Council order that any unpaid abatement costs be a special assessment and a lien imposed on the properties requiring abatement.
EQUITY AND SUSTAINABILITY
The adoption of this resolution will enable LPFD to further its commitment to creating a safe and sustainable community by mitigating the risk of fire hazards arising from vegetation growth. This step will ensure the safety of our neighborhoods and will promote a healthier and more resilient environment for all residents.
OUTREACH
After the approval of Resolution 2024-010, staff sent a written notice to property owners regarding non-compliant parcels on their property. The notice declared these parcels as a nuisance. Along with this declaration, a notice about the public hearing scheduled for April 16, 2024, was sent to the property owners, which included information about the May 31, 2024, deadline to complete the abatement. The notice consisted of details about the weed abatement standards and a list of contractors for reference.
In mid-May, staff will send a reminder notice to the parcel owners to abate their parcels. During the first two weeks of June, staff will inspect the parcels for compliance. If a parcel does not comply with the standards, a violation notice will be sent through certified mail to the owner, and a notice of intent to abate hazardous vegetation on the parcel will also be posted. Staff will re-inspect the parcel, and if the parcel still fails to comply with the vegetation standard, a final notice will be sent through certified mail.
If the parcel is still non-compliant, staff will refer the parcel to the City Contractor and will send a notice of abatement action performed, public hearing, and invoice through certified mail to the parcel owner for a public hearing set on July 16, 2024.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton Strategic Plan goals of Safeguarding Our City, Strategy 6 - Implement high priority items from the 2022-2026 Livermore-Pleasanton Fire Department Strategic Plan.
FISCAL IMPACT
Property owners are invoiced for all work performed in addition to an administrative charge and, if related litigation is required, all attorneys’ fees, expenses, and costs. Unpaid amounts become a special assessment on the property owner’s tax bill. All costs involved with the Weed Abatement Program are budgeted in the professional services account.
Prepared by: Submitted by: Approved by:
Joseph Testa
Shin Oh, Administrative
Assistant
Joseph Testa, Fire Chief
Gerry Beaudin, City
Manager
Attachments:
1. Resolution
2. Exhibit A to Resolution
Attachment 1
RESOLUTION NO.
RESOLUTION APPROVING THE 2024 WEED ABATEMENT PROGRAM AND
AUTHORIZING THE ABATEMENT OF WEEDS, DIRT, RUBBISH OR REFUSE UPON
OR IN FRONT OF CERTAIN DESCRIBED PROPERTIES WITHIN THE CITY OF
PLEASANTON
WHEREAS, at its meeting of March 5, 2024, Council adopted Resolution No. 2024-10 declaring as a public nuisance all weeds, dirt, rubbish or refuse upon or in front of certain described properties within the City of Pleasanton as more particularly set forth in Exhibit “A”, attached hereto; and
WHEREAS, Resolution No. 2024-10 was adopted pursuant to the provisions of Government Code Sections 39560-39588; and
WHEREAS, Resolution No. 2024-10 designated April 16, 2024, at the hour of 7:00 p.m., as the time, date and place to hear and consider objections to the abatement and removal of weeds, rubbish or refuse upon or in front of certain described properties within the City of Pleasanton; and
WHEREAS, the Livermore-Pleasanton Fire Department (LPFD) was charged with performing the duties imposed by Government Code Sections 39560-39588, and LPFD did prepare notices to destroy weeds and remove rubbish and refuse; and WHEREAS, in accordance with Government Code Section 39567.1, LPFD mailed to all persons owning property described in Exhibit A or post on the property, written notice of the proposed abatement and the public hearing; and
WHEREAS, the City Council did hold a public hearing on April 16, 2024 and no objections were presented; and
WHEREAS, abatement of the nuisance may be performed by the City or by a contractor; and
WHEREAS, before the weeds are abated by the City or a contractor, any property owner may remove the weeds, rubbish, or refuse at the property owner’s own expense.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The City, or a contractor awarded the work by the City, is ordered to abate the nuisance declared by Resolution No. 2024-10 by causing the weeds, dirt, rubbish and refuse to be removed. The City, contractor, Livermore-Pleasanton Fire Department (LPFD) Fire Inspector, and Fire Inspector’s designee may enter upon private property to abate the nuisance.
Before the weeds are abated by the City or contractor, any property owner may remove the weeds, rubbish, or refuse at the property owner’s own expense.
SECTION 2. LPFD shall keep an account of the abatement cost for each parcel on which work is done and shall submit to the City Council for consideration, hearing objections, modification, and confirmation, an itemized written report showing the cost pursuant to Government Code Section 39574.
SECTION 3. The weed abatement costs, including an administrative charge, and if related litigation is required, all attorneys’ fees, expenses, and costs, shall be the responsibility of the property owner of the parcel of land where the work was done.
SECTION 4. This resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel G. Sodergren, City Attorney
City of Pleasanton Weed Abatement
2024 List of Parcels
Exhibit A
Parcel Number Situs Address Owner Name(s)
1 094 -0114-013-00 St John St W P CO
2 094 -0114-014-00 St John St W P CO
3 094 -0114-015-00 St John St W P CO
4 094 -0120-011-02 St Marys St W P CO
5 094 -0125-007-02 Division St W P CO
6 094 -0151-030-02 540 Division St W P CO
7 094 -0153-001-00 418 Rose Ave AUFDERMAUR FRANK JR TR
8 094 -0153-014-00 W Angela St W P CO
9 094 -0154-008-00 Bernal Ave W P CO
10 094 -0156-022-00 Old Bernal Ave Rideli LLC
11 094 -0157-016-00 Bernal Ave W P CO
12 094 -0157-023-00 Bernal Ave W P Co 843-1-21A-26
13 941 -1201-052-02 5600 Stoneridge Mall Rd Kaiser Foundation Health Plan Inc 14 941 -1201-052-03 5600 Stoneridge Mall Rd Kaiser Foundation Health Plan Inc 15 941 -1302-002-07 Denker Dr Alameda County Flood Control 16 941 -1580-044-00 Canyon Creek Blvd CANYON CREEK OF PLEASANTON OWNERS ASSOCIATION 17 941 -1580-045-02 Canyon Creek Blvd CANYON CREEK OF PLEASANTON OWNERS ASSOCIATION 18 941 -1580-046-00 10890 Dublin Canyon Rd Maktab Tarighe Oveyssi Shah Maghsoudi 19 941 -1700-005-03 11301 Dublin Canyon Rd LEWIS DONALD C SR TR ETAL 20 941 -1700-014-02 Dublin Canyon Rd Preserve Community Association 21 941 -1700-016-04 Laurel Creek Dr Preserve Community Association 22 941 -1700-018-02 Foothill Rd Laurel Creek Associates LLC 23 941 -1700-019-02 Foothill Rd Laurel Creek Associates LLC 24 941 -1700-026-00 Blessing Dr Laurel Creek Associates LLC 25 941 -1700-028-01 Blessing Dr Laurel Creek Associates LLC 26 941 -1710-008-00 Dublin Canyon Rd Aif Holding Co
27 941 -1710-010-01 11991 Dublin Canyon Rd Hana Yoon Corporation 28 941 -1713-019-06 Laurel Creek Dr Preserve Community Association 29 941 -1802-015-00 5552 Legendary Ct LAU FENG Y & CHUEN 30 941 -2100-006-00 4100 Foothill Rd BAMCG BRIDGE PARTNER LP 31 941 -2101-001-00 Equus Ct 1400 FOOTHILL LLC
32 941 -2101-002-00 Equus Ct 1400 FOOTHILL LLC
33 941 -2101-003-00 Equus Ct 1400 FOOTHILL LLC
34 941 -2101-004-00 Equus Ct 1400 FOOTHILL LLC
35 941 -2101-005-00 Equus Ct 1400 FOOTHILL LLC
36 941 -2101-006-00 Equus Ct 1400 FOOTHILL LLC
37 941 -2101-007-00 Foothill Rd 1400 FOOTHILL LLC
38 941 -2101-008-00 Foothill Rd 1400 FOOTHILL LLC
39 941 -2101-009-00 Foothill Rd 1400 FOOTHILL LLC
40 941 -2761-003-00 4300 Hacienda Dr BOEHRINGER MANNHEIM CORPORATION 41 941 -2778-012-00 4747 Willow Rd Shaq De Qrs 15 75 Inc 42 941 -2786-110-00 Montalvo Ct GOLD CREEK OF PLEASANTON HOMEOWNERS ASSOCIATION 43 941 -2819-006-00 11393 Dublin Canyon Rd Kolb Ranch Estates Homeowners Association 44 941 -2819-008-00 11933 Dublin Canyon Rd YOON DANIEL B & JEENEE S TRS 45 941 -2819-009-00 5979 Kolb Ranch Dr STROM CAROL G TR 46 941 -2820-002-00 11393 Dublin Canyon Rd Kolb Ranch Estates Homeowners Association 47 941 -2820-009-00 6063 Kolb Ranch Dr PERLEGOS PETE C & ARCHIE G ETAL
City of Pleasanton Weed Abatement
2024 List of Parcels
Exhibit A
48 941 -2820-010-00 6016 Kolb Ranch Dr SINGH GAURAVJIT & CONNIE T TRS 49 941 -2820-015-02 5967 Kolb Ranch Dr Lovely Lands LLC 50 946 -1100-012-00 3640 Old Santa Rita Rd ROSE WILLIAM A & ALLEY LAUREN J 51 946 -1101-009-02 Santa Rita Rd Alameda County Flood Control 52 946 -1146-042-00 Martin Ave UNGER MARK TR
53 946 -1146-051-00 Martin Ave UNGER MARK TR
54 946 -1146-052-00 Martin Ave UNGER MARK TR
55 946 -1146-054-00 Martin Ave UNGER MARK TR
56 946 -1250-025-03 Mohr Ave W P Co 843-1-21A-31
57 946 -1250-025-04 Mohr Ave W P Co 843-1-21A-32
58 946 -1250-026-03 Stanley Blvd S P CO 872-1-97E-POR 16 59 946 -1250-028-03 Bernal Ave W P Co 843-1-21A-28
60 946 -1250-028-04 Bernal Ave W P Co 841-1-21A-30
61 946 -1250-028-05 Bernal Ave W P Co 841-1-21A-27
62 946 -1250-028-06 Bernal Ave W P CO 841-1-21A-29
63 946 -1250-030-01 Bernal Ave W P CO
64 946 -1250-030-02 Bernal Ave W P CO
65 946 -1251-007-04 3300 Busch Rd SQUARE MILE PLEASANTON LLC Attn: Mathew Drummond 66 946 -1251-025-01 Stanley Blvd S P CO 872-1-97E-POR 18 67 946 -1251-025-02 Stanley Blvd S P CO 872-1-97E-POR 18 68 946 -1251-029-00 3100 Valley ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION 69 946 -1350-015-07 1 Brozosky Hill Ln REDDY VIJAYALAKSHMI M 70 946 -1350-015-19 1666 Frog Hill Ln/Vineyard ROBERTS FORD G & MARY L TRS 71 946 -1680-005-00 4005 First St Jess C Spencer Mortuary Inc 72 946 -2528-006-06 3574 Vineyard Ave Church of Latter Day Saints Corp Presiding Bishop 73 946 -2550-014-01 3999 Bernal Ave Roman Catholic Welfare Corporation of Oakland 74 946 -3370-018-00 Santa Rita Rd W P CO
75 946 -3945-006-00 2188 Foothill Rd One Odevelopment LLC 76 946 -3945-014-00 Golden Eagle Way GOLDEN EAGLE ESTATES HOMEOWNERS ASSOCIATION 77 946 -3945-015-00 Golden Eagle Way Golden Eagle Estates Homeowners Association 78 946 -3946-013-00 8999 Longview Dr BOATRIGHT JOSEPH E & GLORIA B ETAL 79 946 -4050-076-00 1913 Buckeye Ct ALOMARI AHMED & GARDI LANA TRS 80 946 -4440-017-00 7882 Foothill Rd ROBINSON TONI L TR 81 946 -4542-022-01 3595 Utah St CHUNG HENRY W & OLIVIA Y 82 946 -4542-044-01 Bernal Ave Alameda County Flood Control 83 946 -4547-214-00 1039 Serpentine Ln Common Area of PM 7121 206 thru 213 84 946 -4550-003-03 4001 Stoneridge Dr Roman Catholic Bishop Of Oakland 85 946 -4550-017-04 Oakland Ave Roman Catholic Bishop Of Oakland 86 946 -4559-034-00 Tokay Ct VINTAGE HILLS II PLANNED DEV HOMEOWNERS ASSOC 87 946 -4567-009-03 23 Grey Eagle Ct HUMPHREY MALCOLM J & DAWN M TRS 88 946 -4567-012-03 28 Grey Eagle Ct GROVE ROBERT E & PAMELA R TRS 89 946 -4567-013-01 6 Red Feather Ct WU FRANK & MENG PRISCILLA TRS 90 946 -4567-014-00 4 Red Feather Ct RAYMER LAURA TR
91 946 -4567-015-00 1 Red Feather Ct MCFALL ERIN C & LISA G 92 946 -4574-002-00 Trenery Dr SRIRAMA RAMPRASAD & ANAND BHAVNA 93 946 -4574-005-00 3747 Trenery Dr HOANG LY T TR
94 946 -4574-011-02 3727 Mohr Ave JENNARO JERALD J
95 946 -4580-014-00 2834 Victoria Ridge Ct KAMDAR TAROON C & RADHA T TRS
City of Pleasanton Weed Abatement
2024 List of Parcels
Exhibit A
96 946 -4598-019-00 1465 Vineyard Ave Lonestar California Inc 97 946 -4599-004-01 27 Grey Eagle Ct GODIL ASIF A & BUSHRA A TRS 98 946 -4600-001-00 2546 Vineyard Ave Vineyard Hill Pleasanton Homeowners Association c/o Howe Management
99 946 -4600-002-00 2546 Vineyard Ave Vineyard Hill Pleasanton Homeowners Association c/o Howe Management
100 946 -4600-018-00 2519 Jolene Ct Pleasanton Garbage Service Inc 101 946 -4600-030-00 865 Clara Ln JAIN RAKESH & TRIPTI R TRS 102 946 -4603-007-00 2720 Crellin Rd BERATLIS CHRISTOPHER T 103 946 -4603-008-00 2708 Crellin Rd BERATLIS CHRISTOPHER T 104 946 -4603-009-00 2999 Cresta Blanca Dr BERATLIS CHRISTOPHER T 105 946 -4603-012-00 23 Beratlis Pl BERATLIS CHRISTOPHER T 106 946 -4603-013-00 31 Beratlis Pl BERATLIS CHRISTOPHER T 107 946 -4603-014-00 39 Beratlis Pl BERATLIS CHRISTOPHER T 108 946 -4603-015-00 47 Beratlis Pl BERATLIS CHRISTOPHER T 109 946 -4603-016-00 55 Beratlis Pl BERATLIS CHRISTOPHER T 110 946 -4603-017-00 63 Beratlis Pl BERATLIS CHRISTOPHER T 111 946 -4603-019-00 19 Beratlis Pl BERATLIS CHRISTOPHER T 112 946 -4603-020-00 24 Beratlis Pl BERATLIS CHRISTOPHER T 113 946 -4603-021-00 16 Beratlis Pl BERATLIS CHRISTOPHER T 114 946 -4606-001-00 2500 Vineyard Ave Pleasanton Garbage Service Inc 115 946 -4606-003-00 750 Pietronave Ln PROUDFOOT COLIN D & ANNEKE L TRS 116 946 -4606-004-00 2500 Vineyard Ave HOMER DENNIS G & LINDA M TRS 117 946 -4608-007-00 2505 Yolanda Ct WALL ERIC D & MICHELE 118 946 -4609-010-05 2287 Vineyard Silver Oaks Pleasanton Homeowners Association 119 946 -4609-011-00 2287 Vineyard Silver Oaks Pleasanton Homeowners Association 120 946 -4614-013-00 2770 Vineyard Ave HATSUSHI KAZUO K & TAKIKO TRS 121 946 -4614-015-00 5 Hatsushi Ter HATSUSHI TAKIKO TR
122 946 -4614-016-00 9 Hatsushi Ter HATSUSHI TAKIKO TR
123 946 -4614-017-00 13 Hatsushi Ter HATSUSHI TAKIKO TR 124 946 -4614-018-00 2798 Vineyard Ave HATSUSHI TAKIKO TR 125 946 -4617-001-00 1 Tuscany Pl SARICH DANIEL M & BELINDA A TRS 126 946 -4618-002-00 Mataro Ct Vintage Hills Ii Planned Dev HOA c/o Wilson Property Mgmnt 127 946 -4619-001-00 Vineyard Ave Pleasanton Unified School District 128 947 -0005-004-41 6085 Sunol Blvd Applera Corporation 129 947 -0008-012-00 Bernal Ave W P Co 843-1-21A-Por-25 130 947 -0008-014-00 Bernal Ave W P CO 843-1-21A-POR-25 131 947 -0012-003-00 Sterling Greens Walnut Hills HOA c/o Community Association Management 132 948 -0002-001-08 Sunol Rd PLEASANTON HILLS OWNERS ASSOCIATION 133 948 -0002-040-00 Monaco Dr PLEASANTON HILLS OWNERS ASSOCIATION 134 948 -0003-025-00 Puerto Vallarta PLEASANTON HILLS OWNERS ASSOCIATION 135 948 -0004-005-21 4558 Bernal Ave AUFDERMAUR ANITA & AUFDERMAUR FRANK JR TR 136 948 -0004-006-03 4534 Bernal Ave AUFDERMAUR ANITA & AUFDERMAUR FRANK JR TR 137 948 -0009-001-00 5791 Sonoma Dr JACKSON MICHELE C TR & BRENTWOOD HOLDING CO 138 948 -0009-002-00 5779 Sonoma Dr BENETTI FAMILY PROPERTIES 139 948 -0015-002-01 1000 Minnie St Spotorno Alex V Family Limited Partnership 140 948 -0015-002-02 1000 Minnie St SPOTORNO LAVERNE M TR 141 948 -0016-002-10 994 Sycamore Rd JENSEN CARLENE TR
142 948 -0016-002-15 990 Sycamore Rd 990SYCAMOREDEVCO LLC
City of Pleasanton Weed Abatement
2024 List of Parcels
Exhibit A
143 948 -0018-012-00 900 Roselma Pl EMMETT ROGER A TR
144 948 -0023-001-00 Sunset Creek Ln Sycamore Heights Homeowners Association 145 948 -0023-002-00 Sunset Creek Ln Sycamore Heights Homeowners Association 146 948 -0023-003-00 Sunset Creek Ln Sycamore Heights Homeowners Association 147 948 -0023-028-00 5658 Sunset Creek Ct GREWAL GURINDER K & NAVDEEP S 148 949 -0004-017-00 6644 Amber Ln RANDERI CHETAN & VAISHALI BHAVSAR TRS 149 949 -0004-021-00 6628 Amber Ln HILL SCOTT R & HILL LISA M TRS 150 949 -0016-006-00 1000 Minnie St Spotorno Alex V Family Ltd Partnership 151 949 -0017-034-00 5270 Club House Dr SINGH BHUPINDER & KUAR JYOTI TRS 152 949 -0017-037-03 6115 Club House Dr HULE PARESH & PAWAR JAYASHREE TRS 153 949 -0017-042-00 6215 Clubhouse Dr GEENI CHINNI K & VODNALA SRILATHA 154 949 -0017-045-00 6275 Clubhouse Dr SAMI REALTY LLC
155 949 -0017-046-00 6295 Clubhouse Dr BADHESHA JANG S & DENYSE T TRS 156 949 -0017-051-00 7330 Clubhouse Dr JORDAN DENVA L TR EXEMPTION TRUST & JORDAN DE ETAL 157 949 -0019-014-00 6356 Inspiration Terrance DBLCUP LLC 158 949 -0019-016-00 6123 Sanctuary Ln KALIDINDI SONIE
159 950 -0003-046-03 Hearst Dr KOTTINGER RANCH H O A INC 160 950 -0005-004-00 1364 Vineyard Ave Foley Coleman M Jr 161 950 -0005-005-00 Vineyard Ave SILVER BEAR
162 950 -0005-006-00 Vineyard Ave MASLUK DIANNE A TR & MCPHERSON LYNN D TR ETAL 163 950 -0009-033-04 Hearst Dr Kottinger Ranch Homeowners Assoc Inc 164 950 -0010-002-06 E Ruby Hill Dr CF ARCIS IX LLC
165 950 -0027-018-00 1553 Via Di Salerno DAI JIA
166 950 -0028-001-00 3599 Valenza Way Ruby Hill Owners' Association c/o Peachtree C.A.S, Inc 167 950 -0028-021-00 1917 Ticino Ct SOHAL SANTOKH S & PARAMJIT K TRS 168 950 -0029-025-00 1476 Germano Way VELUKURU IYAPPA R & NENNURU LATHA R 169 941 -2819-005-02 11393 Dublin Canyon Rd Vons Reit Inc 170 941 -1302-002-32 Stoneridge Dr Alameda County Flood Control 171
941 -1801-001-00 5554 Foothill Rd Moller Ranch Owners Association c/o Walsh Property Management
172
941 -1802-003-00 Serenity Terrace Moller Ranch Owners Association c/o Walsh Property Management
173
941 -1802-017-00 Moller Ranch Dr Moller Ranch Owners Association c/o Walsh Property Management
174
941 -1802-018-00 Moller Ranch Dr Moller Ranch Owners Association c/o Walsh Property Management
175 941 -1980-015-03 5130 Foothill Rd PODDATOORI PRATAP & ARUNA TRS 176 941 -1980-019-01 8053 Bethel Ln BOOCK THOMAS A & LISA L 177 946 -4559-043-00 Arbor Dr Vintage Hills Ii Planned Dev HOA c/o Wilson Property Mgmnt 178 946 -4585-026-00 Foothill Rd JONES NICHOLAS L
179 946 -4585-050-00 8244 Fondray Ct Fondray Llc
180 946 -4585-052-00 8278 Sassafras Ct Ford John R & Ruth A TRS 181 946 -4614-019-00 2798 Vineyard Ave HATSUSHI TAKIKO TR 182 947 -0005-004-39 Sunol Blvd APPLERA CORPORATION
183 947 -0005-004-40 6055 Sunol Blvd APPLERA CORPORATION 184 948 -0003-062-05 Dolores Dr PLEASANTON HILLS OWNERS ASSOCIATION 185 950 -0009-070-00 Smallwood St KOTTINGER RANCH HOMEOWNERS ASSOCIATION INC 186 947 -0012-001-00 Sterling Greens Circle Walnut Hills HOA c/o Community Association Management 187 946 -4623-014-00 W Las Positas Blvd PACIFIC AMERICAN PROPERTIES LLC
City of Pleasanton Weed Abatement
2024 List of Parcels
Exhibit A
188 946 -4628-001-00 1944 Three Oaks Dr D R Horton CA2 Inc 189 946 -1251-008-10 Valley Ave ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION 190 946 -1251-008-11 Valley Ave County of Alameda
191 941 -1311-019-07 7200 Johnson Dr COSTCO WHOLESALE CORPORATION 192 941 -2100-013-00 4100 Foothill Rd YERRAM MAMATHA & KOVI SRINIVASA K 193 946 -4628-002-00 1944 Three Oaks Dr D R Horton CA2 Inc 194 946 -4623-013-00 W Las Positas Blvd ZAHERI MATHEW
195 946 -4585-027-01 8272 Sassafras Ct JONES NICHOLAS L 196 946 -4585-045-00 Foothill Rd JNRA LLC
197 946 -3947-023-00 Longview Ln LONGVIEW HOMEOWNERS ASSOCIATION 198 946 -1350-036-00 83 Silver Oaks Terrace WARE WILLIE J & MINDY L 199
946 -4602-001-02 2287 Vineyard Ave Chateau Country Estates Maintenance Association, The Helsing Group
200
946 -4602-002-00 2287 Vineyard Ave Chateau Country Estates Maintenance Association, The Helsing Group
201 941 -1002-091-00 MUIRWOOD DR ALAMEDA COUNTY FLOOD CONTROL 202 941 -1001-080-00 Muirwood Dr ALAMEDA COUNTY FLOOD CONTROL 203 946 -1704-010-03 327 LINDEN WAY BHULLAR GURBIR S & SANDHU AMANDEEP K ETAL 204 946 -1710-009-00 VIRGINIA WAY PRYOR KENT H & ALICE S TRS 205 946 -1706-001-00 Linden Way PRYOR KENT H & ALICE S TRS 206 946 -4590-002-00 CASTLEWOOD DR W P CO 843-1-20-14
207 946 -4590-003-00 CASTLEWOOD DR W P CO 843-1-21A-POR-25 208 947 -0008-013-00 Bernal Ave W P CO 843-1-21A-POR-25 209 946 -4606-005-00 2500 Vineyard Ave NAGUIB SAMAH & WASSIM 210 946 -4606-007-00 2500 Vineyard Ave KURAPATI RAJA & ORUGANTI SARADA 211 946 -4606-006-00 2500 VINEYARD AVE ALLADI NAGESWARA R & VASUDHA 212 941 -2857-002-00 11300 Dublin Canyon Rd Pleasant View Church Of Christ 213 941 -2857-001-00 11300 Dublin Canyon Rd GREEK ORTHODOX CHURCH OF RESURRECTION 214 946 -4619-022-02 1012 Shotwell Ct COHN GREGORY L & MARISSA A TRS 215 094 -0128-045-00 1027 Rose Ave LITVINCHUK PAUL S & SUSAN P 216 950 -0010-011-00 2790 E Ruby Hill Dr CF ARCIS IX LLC 217 946 -3479-004-00 1851 Rose Ave PONDEROSA HOMES II INC 218 941 -2100-011-00 4108 Foothill Rd AHMED IFTIKHAR M & SAADIA S TRS 219 946 -3479-001-02 1851 Rose Ave ROSE BLOOM LLC
220 950 -0010-008-02 444 Vineyard Ave STEALTH STREET PARTNERS 221 946 -4598-001-00 1333 Montrose Pl BLACKLAB LLC
222 950 -0023-013-05 E Vallecitos Rd RUBY HILL DEVELOPMENT JOINT VENTURE LP 223 950 -0010-026-04 E Ruby Hills Dr RUBY HILL OWNERS ASSOCIATION 224 950 -0010-001-00 E Ruby Hills Dr CF ARCIS IX LLC
225 950 -0028-006-00 Ticino Ct RUBY HILL OWNERS ASSOCIATION 226 950 -0023-005-02 E Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION 227 950 -0023-006-04 Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION 228 950 -0010-003-03 E Ruby Hill Dr CF ARCIS IX LLC
229 950 -0023-007-00 E Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION 230 950 -0010-013-00 2900 E Ruby Hill Dr RUBY HILL DEVELOPMENT JOINT VENTURE 231 950 -0010-012-00 2900 E Ruby Hill Dr RUBY HILL DEVELOPMENT JOINT VENTURE 232 950 -0022-037-00 Paladin Way RUBY HILL OWNERS ASSOCIATION 233 950 -0021-049-03 Mercato Ct RUBY HILL OWNERS ASSOCIATION 234 950 -0007-011-00 E Vallecitos Rd COMMON AREA TR 6452
City of Pleasanton Weed Abatement
2024 List of Parcels
Exhibit A
235 950 -0029-045-00 Bandisi Pl COMMON AREA TR 7158
236 950 -0017-080-00 Via Di Salerno RUBY HILL OWNERS ASSOCIATION 237 950 -0023-008-00 Campinia Pl RUBY HILL OWNERS ASSOCIATION 238 950 -0028-005-00 2280 Manzano Ct RUBY HILL OWNERS ASSOCIATION 239 950 -0029-044-00 W Ruby Hills COMMON AREA TR 7158
240 946 -3930-004-02 Foothill RD LAFOUNTAINE KATHY L & OLESEN KAREN A 241 946 -3573-001-00 Golden Eagle ALAMEDA COUNTY FLOOD CONTROL 242 946 -3572-117-00 Villa Loop ALAMEDA COUNTY FLOOD CONTROL 243 946 -4601-001-01 798 Vineyard Ter SONG QINGYUN & QIAO HUA TR 244 950 -0014-079-00 W Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION 245 950 -0014-084-01 W Ruby Hill Dr RUBY HILL OWNERS ASSOCIATION 246 950 -0014-063-00 Zenato Pl RUBY HILL OWNERS ASSOCIATION
Item #11
CITY COUNCIL AGENDA REPORT
April 16, 2024
Police
TITLE: RECEIVE ANNUAL MILITARY EQUIPMENT USE REPORT FOR 2023;
INTRODUCE AND WAIVE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2246 TO AMEND THE PLEASANTON POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY TO ADD EQUIPMENT TO THE POLICY’S MILITARY EQUIPMENT INVENTORY; AND ADOPT A
RESOLUTION ACCEPTING THE ANNUAL MILITARY EQUIPMENT USE REPORT FOR 2023 DETERMINING THAT THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN 2023 COMPLIED WITH THE STANDARDS OF
APPROVAL AND RENEWING THE MILITARY EQUIPMENT USE POLICY
SUMMARY
Assembly Bill 481, codified as Government Code sections 7070 through 7075, requires a law enforcement agency to obtain approval from the City Council, by adoption of a military equipment use policy by ordinance, prior to funding, acquiring, or using military equipment as defined in the law. The law further states the governing body shall review the ordinance that it has adopted pursuant to this section annually and vote to renew the ordinance at a regular meeting.
RECOMMENDATION
Receive annual military equipment use report for 2023; introduce and waive first reading of an ordinance amending Ordinance No. 2246 to amend the Pleasanton Police Department’s military equipment use policy to add equipment to the policy’s military equipment inventory; and adopt a resolution accepting the annual military equipment use report for 2023 determining that the police department’s use of military equipment in 2023 complied with the standards of approval, and renewing the military equipment use policy.
BACKGROUND
AB 481 was enacted in 2021 to create consistency for the funding, acquisition, and use of military equipment by law enforcement agencies and to increase transparency, accountability and oversight for the acquisition and use of certain equipment.
The bill requires a law enforcement agency to obtain approval of the applicable governing body (City Council) by adopting a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined. City Council approval was received and the ordinance was adopted in July 2022.
The bill also requires an annual review by the City Council to renew or disapprove the authorization of this equipment and the creation of a military equipment use policy and publish that policy on the agency’s website.
The Annual Military Equipment Use Report for 2023, which includes the military equipment inventory, is attached to this report as Exhibit A of Attachment 1.
DISCUSSION
Several items deemed to be “military equipment” by AB 481 are currently used by the Pleasanton Police Department and are outlined in this report. They are a component of overall best practices for law enforcement agencies throughout the state and country, as these tools have proven effective in enhancing the safety of officers and reducing risk to members of the community.
The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed by the bill to be “military equipment” include, but are not limited to, robotic vehicles, armored rescue vehicles, tear gas, less-than-lethal weapons such as beanbag shotguns, 40mm projectiles and noise/flash diversionary devices. Each of these tools has proven effective in mitigating risk to both the public and officers.
A proposed ordinance adding these items to the Military Equipment Use Policy’s military equipment inventory is attached to this report as Attachment 1.
The Military Equipment Use Policy and Government Code section 7072 requires the City to publish annually a military equipment report for the prior calendar year which includes:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
The Military Equipment Use Policy and Government Code section 7072 also require that within 30 days of submitting and publicly releasing the annual military equipment report, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, or use of military equipment.
AB 481 further requires the governing body review the ordinance that has been adopted approving the funding, acquisition, and use of military equipment at least annually and vote on whether to renew the ordinance. A proposed resolution accepting the department’s military equipment report for 2023, determining that the department's use of military equipment in 2023 complied with the standards of approval, and renewing the department’s military equipment use policy is included as Attachment 2.
EQUITY AND SUSTAINABILITY
Not applicable, as the item is a matter of routine City business.
OUTREACH
The Annual Military Equipment Use Report for 2023 was made publicly available on the police department's page of the City's website, social media, and was listed as an event on local news outlets (Pleasanton Weekly, Patch.com) on Monday, March 18, 2024. A highly publicized meeting was held on March 21, 2024, to seek community input regarding the use of this equipment. The meeting consisted of a presentation of the Annual Military Equipment Use Report for 2023 and provided those in attendance with the opportunity to discuss and ask questions regarding the report, funding, acquisition, or the use of military equipment.
Community members expressed support for the department to procure its own UAV (Unmanned Aerial Vehicle) program and understood the budgetary and personnel requirements for such a program. Community members also asked why the department did not participate in the federal 1033 military surplus program considering that the equipment could be acquired at little to no cost to the City.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton strategic goal of Safeguarding our City Strategy 1 - Assess the City's overall emergency preparedness capabilities, resources, and tools and implement changes as needed to ensure the City is properly positioned to respond to disasters, and Strategy 5 - Implement high priority items from the 2023-2027 Pleasanton Police Department Strategic Plan.
FISCAL IMPACT
There are no anticipated fiscal impacts in this action. The future purchase of equipment will follow the City's purchasing policy and procedures.
Prepared by: Submitted by: Approved by:
Larry Cox, Police Captain David Swing, Police Chief
Gerry Beaudin, City
Manager
Attachments:
1. AB 481 - Ordinance
2. AB 481 - Resolution
ORDINANCE ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PLEASANTON AMENDING ORDINANCE NO. 2246 TO AMEND
THE PLEASANTON POLICE DEPARTMENT’S MILITARY EQUIPMENT
USE POLICY TO ADD EQUIPMENT TO THE POLICY’S
MILITARY EQUIPMENT INVENTORY
WHEREAS, On July 19, 2022, the City Council adopted Ordinance No. 2238 approving the Pleasanton Police Department’s Military Equipment Use Policy; and WHEREAS, the Military Equipment Use Policy was amended on October 18, 2022 by Ordinance No. 2240 to add a Command Vehicle to the Policy’s military equipment inventory; and
WHEREAS, the Military Equipment Use Policy was amended on April 18, 2023 by Ordinance No. 2246 to add additional equipment to the Policy’s military equipment inventory.
WHEREAS, the City Council wishes to amend the Military Equipment Use Policy to add additional equipment to the Policy’s military equipment inventory.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. Ordinance No. 2246 is amended to add the equipment described in Exhibit “A” to the Military Equipment Use Policy’s military equipment inventory.
Section 2. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Section 3. Publication. This ordinance, or a summary prepared by the City Attorney, shall be published once in a newspaper of general circulation of the City of Pleasanton within fifteen days after its adoption.
Section 4. Effective Date. This ordinance shall take effect 30 days after its adoption.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on April 16, 2024 by the following vote:
Ayes:
Noes:
ATTACHMENT 1
Ordinance No. ________
Absent:
Abstain:
______________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. ________
EXHIBIT A
Additional Military Equipment Requested:
Ordinance No. ________
Ordinance No. ________
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON (1) ACCEPTING THE ANNUAL MILITARY EQUIPMENT REPORT FOR 2023; (2) DETERMINING THAT THE PLEASANTON POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT IN 2023 COMPLIED WITH THE STANDARDS OF APPROVAL; AND (3) RENEWING THE MILITARY EQUIPMENT USE POLICY
WHEREAS, on July 19, 2022, the City Council adopted Ordinance No. 2238 approving the Pleasanton Police Department’s Military Equipment Use Policy; and WHEREAS, on March 21, 2023, the City Council adopted Resolution No. 23 -1378, accepting the Pleasanton Police Department’s Annual Military Equipment Use Report for 2022.
WHEREAS, the Military Equipment Use Policy and Government Code section 7072 require the City to publish annually a military equipment report for the prior calendar year which includes: (1) a summary of how the military equipment was used and the purpose of its use; (2) a summary of any complaints or concerns received concerning the military equipment; (3) the results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; (4) the tota l annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report; (5) the quantity possessed for each type of military equipment; and (6) if the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of equipment; and WHEREAS, the Military Equipment Use Policy and Government Code section 7072 also require that within 30 days of submitting and publicly releasing the annual military equipment report, the Police Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the gener al public may discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, or use of military equipment; and
WHEREAS, on March 18 , 2024, the Police Department posted the Annual Military Equipment Use Report for 2023 on its website, social medial, and was listed as a public event on local news outlets; and
WHEREAS, on March 21, 2024, the Pleasanton Police Department held a well-publicized and conveniently located community engagement meeting, at which the public was given an opportunity to discuss and ask questions regarding the Annual Military Equipment Use Report for 2023 and the Police Department’s funding, acquisition, or use of military equipment.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The City Council accepts the Annual Military Equipment Use Report for 2023, attached as Exhibit A.
SECTION 2. Based on the Annual Military Equipment Use Report for 2023, the City Council determines that each type of military equipment identified in the Report has complied with the following standards:
ATTACHMENT 2
Resolution No.
A. The military equipment identified in the Military Equipment Use Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
B. The Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
C. The equipment described in the Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
D. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior users did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3. The City Council renews the Military Equipment Use Policy.
SECTION 4. City Clerk shall certify the passage of this resolution an enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on April 16, 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney
Resolution No.
EXHIBIT A
Military Equipment Use Report for 2023
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MILITARY EQUIPMENT USE REPORT 2023
Table of Contents
Execu've Summary ................................................................................................................................... 2 Introduction ............................................................................................................................................... 5 Definitions ................................................................................................................................................. 6 Summary of Military Equipment Usages .................................................................................................. 10 Inventory by Equipment Type .................................................................................................................. 13 Requested Military Equipment ..................................................................................................................39 Internal Audit ..........................................................................................................................................42 Training Cost ..............................................................................................................................................42 Storage Cost ............................................................................................................................................42 Conclusion ...............................................................................................................................................42 2
MILITARY EQUIPMENT USE REPORT 2023
Execu1ve Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy. The Pleasanton Police Department is required to seek City Council approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment.
Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of this equipment within its jurisdiction, only if it determines that the equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.
Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website.
Assembly Bill 481
California Government Code section 7072 states the following:
A. A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, 3
MILITARY EQUIPMENT USE REPORT 2023
upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
B. Law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
The Pleasanton Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report per annual reporting requirements outlined in California Government Code section 7072.
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MILITARY EQUIPMENT USE REPORT 2023
Introduc1on
The Pleasanton Police Department possesses and employs a wide variety of equipment to assist in safely achieving its mission statement, “As members of our diverse community, we selflessly serve as guardians with empathy, fairness, and respect to protect life, prevent crime and enhance the quality of life.” The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed by the bill to be “military equipment” include, but are not limited to, robo^c vehicles, armored rescue vehicles, tear gas, less-than-lethal weapons such as beanbag shotguns, 40mm projec^les and noise/flash diversionary devices. Each of these tools has proven effec^ve in mi^ga^ng risk to both the public and officers. The equipment discussed in this annual report is a component of overall best prac^ces for law enforcement agencies throughout the state and country.
While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident.
The police department recognizes that cri^cal incidents are unpredictable and dynamic. Various equipment op^ons can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swie resolu^on in a safe manner. The use of military equipment is restricted to certain instances and, in some cases, only by specific units. The use of the department’s military equipment is con^nuously evaluated based on the totality of the circumstances, public safety, officer safety, civil rights, state law, and informa^on available at the ^me of use influences the use of such equipment by department personnel.
It is incumbent upon our police department’s personnel to recognize the circumstances wherein specialized equipment should be employed to enhance the safety of the public and officers and to bring a cri^cal incident to a safe outcome. This Annual Military Equipment Use Report outlines a summary of equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1st, 2023, thru December 31st, 2023.
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Under California Assembly Bill 481, the following definitions apply only to the Pleasanton Police Department’s current military equipment inventory and potential military equipment acquisitions for operational needs. For a more detailed list of “military equipment” definitions, refer to California Government Code sections 7070(c)(1) through (16).
MILITARY EQUIPMENT DEFINITIONS:
The following equipment is defined in AB 481 and an overview of it and how it is used by the Pleasanton Police Department:
“Unmanned, remotely piloted, powered aerial or ground vehicles” The Pleasanton Police Department owns two remotely operated robots with cameras mounted on them. They are used to search buildings during high-risk searches so that suspects can be identified and located without placing officers into dangerous or confrontational situations. These tools prevent injury to officers, suspects, and the public. They are only used during authorized searches considered to be high risk.
The Pleasanton Police Department has utilized the Alameda County Explosive Ordnance Disposal (EOD) Team (colloquially called “the bomb squad”) for the investigation of suspicious or potentially explosive devices. The EOD Team utilizes remotely operated robots specifically built for explosive detection and removal.
An increasingly common request by the Police Department is for the use of aerial drones operated by the Alameda County Sheriff’s Office. Alameda County drones have been used on search and rescue operations, warrant service operations, and during searches for outstanding suspects of crimes. These are strictly surveillance drones and are not weaponized.
When a suspect is believed to be hiding inside a building, drones can do preliminary interior searches without sending officers inside. Drones are more capable of navigating cluttered areas than ground-based robots. This dramatically increases the safety of officers and suspects by reducing the likelihood of confrontation.
“Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded.” An MRAP is a specifically designed military vehicle not utilized by the Pleasanton Police Department.
The Police Department does operate an Armored Rescue Vehicle (ARV) built specifically for use by first responders. It offers ballistic protection in emergencies where an armed encounter is likely. The ARV is used to evacuate citizens from an area where a threat from an armed suspect exists. The ARV has never been deployed or used during a crowd control event such as a protest or first amendment gathering. This is not its purpose. Because the ARV is a modified consumer vehicle, there is debate about whether it qualifies under this section. The ARV has been modified to allow a breaching ram to be mounted on its front.
DEFINITIONS
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"High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded."
The Police Department does not use Humvees or similar vehicles, nor does it use large trucks, as described in this section. The armored rescue vehicle (ARV) can have a breaching ram mounted to its front. This tool has proven helpful for safely opening front doors without exposing officers to danger by having them approach the door on foot. Breaching an entry point is often the most dangerous part of a high-risk entry to a structure. This breaching option results in a reduced likelihood of a confrontation during entry. It is also one of the few breaching options available for well-constructed doors on commercial or government buildings which cannot be opened with a standard ramming device.
"Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion."
The Police Department does not utilize tracked vehicles of any kind. "Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units."
The Police Department currently does not own any dedicated command and control vehicles.
We have, on many occasions, utilized the Livermore Police Department’s command vehicle. The City is in contract with a vendor to procure a command vehicle, after receiving City Council approval. It will serve as a forward command post during critical incidents, natural disasters, search and rescue operations, and as an emergency backup to the Police Department’s dispatch center. Many public safety agencies of similar size utilize a command vehicle for these purposes.
Grant funds were the primary source of funding for this piece of equipment. "Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision." The Police Department does not use explosive breaching. Historically, the Police Department has used shotgun breaching techniques. The preferred breaching mechanism by the Police Department is the Kinetic Breaching Tool which uses a single round of blank ammunition to move a fixed bolt forward. No explosive energy or debris is projected into the door. All power is transferred through the bolt.
Due to the construction of doors in commercial, government, and school buildings, more than manual breaching equipment such as single-person rams and pry bars are required to gain entry to many structures rapidly.
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“Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.”
The Police Department does not utilize any firearms of .50 caliber or greater. “Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.”
The Police Department does not utilize any ammunition of .50 caliber or greater, excluding less- lethal ammunition described in a subsequent section.
“Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.” The Police Department uses 85 rifles, defined as assault weapons, under the California Penal Code. These rifles are assigned to sworn police officers and supervisors who’ve been through a certified training course as required by the California Commission on Peace Officer Standards and Training (P.O.S.T.). Rifles can address a lethal threat at a distance with precision and penetrate most body armor. The rifles use standard law enforcement ammunition, and their use and deployment are outlined in Policy 312 of the Pleasanton Police Department Policy Manual. The Department maintains a small supply of armor-piercing ammunition for .308 bolt action rifles. These are maintained by the tactical team and reserved for cases in which piercing heavy armor (such as an armored vehicle) is required.
“Any firearm or firearm accessory that is designed to launch explosive projectiles” The Police Department does not use any firearm designed to launch explosive projectiles. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.”
The Police Department utilizes noise-flash diversionary devices known as “flashbangs” and various chemical agents (tear gas) to include a paintball-like projectile like a pepper ball. Noise- flash diversionary devices are used to cause a distraction during highly dangerous activities, such as entering a structure during warrant service. The Department follows best practices for the use, which includes deploying the devices only on the exterior of structures and when an officer can see the area where the device is being deployed. 8 MILITARY EQUIPMENT USE REPORT 2023
The primary purpose of chemical agents, such as non-lethal CS gas, is to cause a barricaded suspect to exit the structure in which the suspect is barricaded. The gas irritates the eyes and throat. Deploying gas inside a structure may reduce the need to send officers into a dangerous location where a confrontation may occur. The practice is intended to minimize injury to officers and suspects. Chemical agents may be used to disperse large, unlawful assemblies, but the Police Department has never used chemical agents for this purpose. “Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).”
The Police Department does not use any of the described devices. Taser Shockwave is a device built by Axon Technologies to deny entry to certain areas and has no law enforcement application. Microwave weapons are not in use by law enforcement. The Pleasanton Police Department or any regional agencies do not use water cannons. Long Range Acoustic Devices have applications to deliver highly audible public addresses. They are used by some law enforcement agencies but are not in use by the Pleasanton Police Department. “The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.” The Pleasanton Police Department possesses 40mm launch platforms which has been previously approved by City Council. The police department purchased 24 launchers in 2023 to outfit the department's marked patrol fleet. The police department has two multi-launchers arriving in 2024 to be placed in the supervisor vehicles. They may be used as less-lethal impact devices as an alternative to a higher level of force or to deploy chemical agents.
The Police Department utilizes 12-gauge beanbag rounds fired from a shotgun and the FN-303 launcher as less-lethal devices. These are intended to provide alternatives to higher levels of force when reasonable and necessary. The FN-303 functions similarly to a paintball gun and can be loaded with different ammunition, including impact, pava (pepper spray), and marking rounds. Marking rounds leave a paint stain on clothing to identify a suspect later. Today the standard less-lethal ammunition patrol officers carry are beanbag rounds and FN-303 impact rounds.
Summary of Military Equipment Usages
The City of Pleasanton is in Alameda County and has a population of approximately 80,000 people. The city is located at the junction of Interstate 580 and Interstate 680, which is referred to as the county's Tri-Valley. The police department is authorized for 118 positions, which consist of both sworn and professional staff members.
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The Pleasanton Police Department's military equipment inventory is wide-ranging, and the equipment is not utilized on all calls for service. The police department recognizes that critical incidents are unpredictable and dynamic. Various military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift and peaceful resolution. The use of military equipment is restricted to use only in certain instances and, in some cases, only by specific units.
This section outlines the military equipment usage from January 1st, 2023, through December 31st, 2023. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, less lethal rounds, chemical agents, etc.), are used throughout the year regularly for training to maintain proficiency. Usage in training environments is not captured in this annual report. The usage section of this report only provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report.
Outreach and Community Engagement
The Pleasanton Police Department is devoted to collaborating with our community to build trust.
As the police department continues to improve community relationships, we remain committed to being a model of excellence and a leader in the law enforcement profession. Moreover, we want to ensure our community has an insight into how their police department operates and engages with the public.
The Pleasanton Police Department utilizes many of the below listed equipment, including the armored rescue vehicle, during outreach and community events. This serves as a means of public awareness, transparency, and education and gives those in the community the ability to see our equipment, ask questions and have honest conversations about the use and need for such equipment. This helps to bring insight and awareness to the public and allows them to view the type of equipment their police department utilizes to keep the City of Pleasanton a safe place. 10 MILITARY EQUIPMENT USE REPORT 2023
MILITARY EQUIPMENT USE REPORT 2023
The following is the data for military equipment usage by category from January 1st, 2023, thru December 31st, 2023.
Military Equipment Item Authorized
Usages
Citizen
Complaints
Internal
Audits
Policy
Violations
ARV 4 0 0 0
Mobile Command Vehicle N/A N/A N/A N/A
UAVs (Outside Agencies) 7 0 N/A N/A
Avatar III Robot 0 0 0 0
Recon Robotics Throwbot II 0 0 0 0
Safariland Wallbanger 0 0 0 0
Colt AR-15 Rifles 0 0 0 0
PWS MK111 Rifles 0 0 0 0
Remington 870 Shotgun (Bean bag) 0 0 0 0
FN303 Less-than-lethal Launcher 0 0 0 0
Penn Arms 40mm Single Launcher 0 0 0 0
Penn Arms 37mm Multi Launcher 0 0 0 0
CTS Model 7290 (Single Flash Bang) 0 0 0 0
CTS Model 7290-9 (Nine Count Flash
Bang)
0 0 0 0
Defense Technology CS Spede-Heat
Grenade (Model 1072)
0 0 0 0
Defense Technology Flameless
Expulsion CS Grenade (Model 2042)
0 0 0 0
Defense Technology Aerosol OC Vapor
Grenade (Model 1056)
0 0 0 0
Defense Technology 40mm CS Liquid
Barricade Penetrating Ferret (Model
2262)
0 0 0 0
Defense Technology 37mm CS Liquid
Barricade Penetrating Ferret (Model
1162)
0 0 0 0
FN303 Pava/OC Powder Projectile 0 0 0 0
HSM Urban Copper 127 Gr .308
Winchester Ligh Armorer Penetrator
Ammunition
0 0 0 0
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MILITARY EQUIPMENT USE REPORT 2023
Armored Rescue Vehicle (ARV)
Our ARV was utilized a total of 4 times between January 1st, 2023, thru December 31st, 2023:
Authorized usages:
• Safely address an individual who displays self-destrucXve, dangerous, or combaXve behavior.
• Safely address an armed, or potenXally armed, or violent individual. • Circumstances where a tacXcal advantage can be obtained. • SituaXons where officers uXlized de-escalaXon techniques. • Safely rescue ciXzens and first responders during armed confrontaXons and violence.
Unauthorized usages:
• There have been zero (0) reported violaXons of the military equipment use policy from January 1, 2023, through December 21, 2023.
Unmanned, remotely piloted, powered aerial or ground vehicles Unmanned, remotely piloted, powered aerial or ground vehicles were utilized a total of 18 times between January 1st, 2023, thru December 31st, 2023. This includes both robots and drones.
The department does not own drones and were requested from another agency:
• Drones were utilized 7 times.
• Robots were utilized 0 times.
Authorized usages:
• Safely address an individual who displays self-destrucXve, dangerous, or combaXve behavior.
• Safely address an armed, or potenXally armed, or violent individual. • Circumstances where a tacXcal advantage can be obtained. • SituaXons where officers uXlized de-escalaXon techniques. • Limited to major collision invesXgaXons.
• Search for missing persons.
• Natural disaster management.
• Crime scene photography
Unauthorized usages:
• There have been zero (0) reported violaXons of the military equipment use policy from January 1, 2023, through December 31, 2023.
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MILITARY EQUIPMENT USE REPORT 2023
Inventory by Equipment Type
January 1st, 2023, through December 31st, 2023.
Note: The inventory of certain items of consumable military equipment (i.e., ammuni^on, diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to opera^onal usage, training usage, opera^onal wear, and/or manufacturer recommended replacement guidelines. While the Pleasanton Police Department strives to provide accuracy in its inventory repor^ng, this report reflects approxima^ons of certain consumable items of military equipment during the period listed above.
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MILITARY EQUIPMENT USE REPORT 2023
Armored Rescue Vehicle (ARV)
Equipment Name: Armored Rescue Vehicle
Quan/ty Owned: 1 Lifespan: 12 years
Equipment Capabili/es: Provides ballis'c protec'on to occupants and can seat up to twelve people.
It has an elevated turret plaNorm, emergency equipment and public address system. It can be equipped with a breaching ram to open doors.
Manufacturer Product Descrip/on: The Ballis'c Armored Tac'cal Transport (BATT) range of armored vehicles is manufactured by Armored Group. The BATT vehicles are used by special assignment units and Special Weapons and Tac'cs (SWAT) units conduc'ng law enforcement and homeland security missions. The BATT range of vehicles can transport as many as 12 to 14 officers in urban and off-road opera'ons. The vehicles allow police and internal security forces to provide quick response to cri'cal incidents involving firearms and violence.
Purpose/Authorized Uses: The armored rescue vehicle (ARV) provides ballis'c protec'on for officers to enter or evacuate community members from a dangerous area. The vehicle is not weaponized and does not have tracks. It is built on a commercially available chassis but does have the capability of moun'ng a breaching ram to it. It is equipped with a public address system for communica'on. Use of the ARV is authorized by officers when there is an elevated threat of encountering armed resistance.
Fiscal Impacts: The ini'al cost of the equipment was $166,900 in 2012 and was funded with federal grant funding through the Office of Community Oriented Policing Services. Ongoing maintenance is handled internally by the Support Services Department.
Annual Maintenance: $1,600.00
Personnel Cost: N/A
Legal/Procedural Rules Governing Use: There are no legal rules governing use of the armored rescue vehicle. Procedurally, use of the vehicle will be authorized by a supervisor or incident commander when deemed necessary.
Training Required: During ini'al hire and at least every two years a`er, officers are provided familiarity training on use of the ARV which includes driving the vehicle and a variety of func'ons of the equipment (emergency equipment, public address system, door locking mechanisms, etc.).
Other Notes: The Chief of Police may authorize use at community events and city-sponsored events. 14
MILITARY EQUIPMENT USE REPORT 2023
Mobile Command Vehicle
Equipment Name: Mobile Command Vehicle
Quan/ty Owned/Sought: None owned, 1 on order Lifespan: 20 years Equipment Capabili/es: Provide a mobile command plaNorm for special events, tac'cal opera'ons, cri'cal incidents, natural disasters, major crime scenes, search and rescue opera'ons and to serve as an emergency secondary dispatch center. The vehicle will be equipped with computer and radio communica'ons equipment, phone and internet access, backup power, a command area with a conference table and various workspaces to adequately serve as a forward command post for a variety of incidents.
Manufacturer Product Descrip/on: 2022 Freightliner MT55 forward control chassis, 26,000lb GVWR with air ride suspension and hydraulic brakes, 36’ total length.
Purpose/Authorized Uses: To provide a forward command post for cri'cal incidents, special events, search and rescue opera'ons, major crime scenes, tac'cal opera'ons and to serve as an emergency backup dispatch center.
Fiscal Impacts: The cost of a mobile command vehicle is approximately $794,000 with ongoing vehicle and equipment maintenance costs. Grant funds were the primary source of funding for this piece of equipment
Annual Maintenance: TBD
Personnel Cost: TBD
Legal/Procedural Rules Governing Use: Procedures will be established prior to use of the vehicle.
Reques'ng use of another agency’s vehicle would require Watch Commander or Division Commander approval.
Training Required: A formalized training program for vehicle operators will be created to include driving the vehicle, opera'ng its components and deployment considera'ons.
Other Notes: A Mobile Command Vehicle was approved, has been ordered and the PD is working with the vendor on the overall design. Below picture is the model purchased without graphics. 15
MILITARY EQUIPMENT USE REPORT 2023
Unmanned Aerial Vehicle’s
Equipment Name: Unmanned Aerial Vehicles (UAV), Unmanned Aircra` System (UAS), Drone Quan/ty Owned/Sought: None owned - requested from other agencies. Lifespan: N/A Equipment Capabili/es: The Pleasanton Police Department uses outside agencies UAV’s of varying sizes and capabili'es to enhance public safety. The UAV can be deployed when its view would assist officers or incident commanders with the following situa'ons, which include but are not limited to major collision inves'ga'ons, search for missing persons, natural disaster management, crime scene photography, SWAT, tac'cal or other public safety and life-preserva'on missions, and in response to specific requests from local, state, or federal fire authori'es for fire response and/or preven'on.
The UAV's are used in compliance with all federal, state, and local laws.
Manufacturer Product Descrip/on: The UAVs are requested from other agencies such as the Alameda County Sheriff’s Office. Specific models may vary, and manufacturer descrip'ons are not available.
Purpose/Authorized Uses: Remotely operated, non-weaponized drones serve the purpose of assis'ng with interior and exterior searches. These searches may be for suspects, evidence or missing persons.
They are also u'lized for crime scene documenta'on. Personnel are authorized to request a UAV when the lawful use may increase safety to officers or would be a more efficient way of searching an area for a missing person or for the documenta'on of a crime scene.
Fiscal Impacts: There is currently no cost associated to a mutual aid request for drones.
Annual Maintenance: N/A
Personnel Cost: N/A
Legal/Procedural Rules Governing Use: UAV operators must be licensed and follow FAA rules. All searches with drones must comply with the U.S. Cons'tu'on, state, and case law. The request for a UAV must be approved by a supervisor.
Training Required: UAV operators must be licensed by the FAA. No Pleasanton PD personnel are trained to operate UAV’s. All UAV’s are operated by licensed operators provided by the agency providing mutual aid.
Other Notes:
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MILITARY EQUIPMENT USE REPORT 2023
Robots
Equipment Name: Robotex Avatar III Robot
Quan/ty Owned/Sought: 1 owned Lifespan: 10 years
Equipment Capabili/es: A remotely operated, non-weaponized robot which can enter a dangerous area and relay video surveillance to the operator. It is equipped with two-way audio to facilitate communica'on.
Manufacturer Product Descrip/on: The AVATAR® enhances the capabili'es of SWAT and tac'cal response teams by allowing them to inspect dangerous situa'ons quickly and safely, there is no longer a need to send personnel in before you’ve had a chance to assess the situa'on.
The AVATAR® saves lives by keeping first responders out of harm’s way, and it does so at a frac'on of the price of other robots. The AVATAR® Robots are regarded by tac'cal teams as a standard opera'onal tool, like a firearm, vehicle, or piece of body armor.
Purpose/Authorized Uses: The Avatar robot is authorized for use during interior or exterior searches deemed to be elevated in risk.
The Chief of Police may authorize use at community events and city-sponsored events.
Fiscal Impacts: The Avatar robot was purchased in 2012 for $24,000. It occasionally requires maintenance by the manufacturer but has no recurring cost to operate.
Annual Maintenance: None
Personnel Cost: Approximately $7,000. This cost reflects a year of required training for personnel assigned to the SWAT Team.
Legal/Procedural Rules Governing Use: There are no legal rules specific to use of the robot. Robots are only authorized to be used during lawful searches. They are generally used by trained members of the SWAT team and at the direc'on of a commander or supervisor.
Training Required: No training is necessarily required for opera'ng the robot, however generally only officers who have received familiariza'on training will operate it.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: Recon Robo'cs Throwbot 2 Robot
Quan/ty Owned/Sought: 1 owned Lifespan: 7 years
Equipment Capabili/es: A remotely operated, non-weaponized robot capable of being thrown into places which are difficult or unsafe to access. It is equipped with two-way audio to facilitate communica'ons during a search.
Manufacturer Product Descrip/on: The Throwbot 2 robot is a throwable micro-robot plaNorm that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. Designed to withstand repeated drops of up to 30 feet onto concrete, the Throwbot 2 robot can be thrown into hazardous situa'ons in order to allow operators to quickly make informed decisions when seconds count. This micro-robot is designed to be able to crawl over a variety of terrain, clearing obstacles up to 2” tall.
Purpose/Authorized Uses: The Throwbot robot is authorized for use during interior or exterior searches deemed to be elevated in risk.
The Chief of Police may authorize use at community events and city-sponsored events.
Fiscal Impacts: The ini'al purchase of the Throwbot was $17,300 in 2018. There are no recurring expenses associated with it.
Annual Maintenance: None
Personnel Cost: Approximately $7,000. This cost reflects a year of required training for personnel assigned to the SWAT Team.
Legal/Procedural Rules Governing Use: There are no legal rules specific to use of the robot. Robots are only authorized to be used during lawful searches. They are generally used by trained members of the SWAT team and at the direc'on of a commander or supervisor.
Training Required: No training is necessarily required for opera'ng the robot, however generally only officers who have received familiariza'on training will operate it.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Rifles
Equipment Name: Colt AR-15 Patrol Rifles
Quan/ty Owned/Sought: 73 owned Lifespan: Approximately 15 years Equipment Capabili/es: Capable of firing .223 caliber ammuni'on Manufacturer Product Descrip/on: The AR-15 rifle is a lightweight, magazine-fed, gas-operated semi- automa'c rifle modeled a`er the famous military classic M4 Rifle.
Purpose/Authorized Uses: Patrol rifles allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances and can penetrate most body armor.
Fiscal Impacts: The ini'al purchase price for the AR-15 rifles is es'mated at approximately $55,689.
Purchasing records are not maintained from July of 2000 when approximately 46 rifles were originally purchased. In 2004, 15 addi'onal rifles were purchased at a cost of $725 per rifle. In 2005, two addi'onal rifles were purchased for $807 per rifle and in 2014 an addi'onal ten rifles were purchased for $1100 per rifle. Associated maintenance costs of $250 per year for the AR-15 rifles include replacement baieries, parts and cleaning supplies.
Annual Maintenance: $500 general fund
Personnel Cost: Approximately $53,000. This cost reflects a year of required training for personnel assigned a patrol rifle.
Legal/Procedural Rules Governing Use: PPD Policy 312.4.4 covers deployment, use, care, and maintenance of rifles. In addi'on, there are a mul'tude of California Penal Code sec'ons that also apply to the transporta'on, care, and maintenance of assault rifles. Only officers who have completed a P .O.S.T. cer'fied patrol rifle course may be issued a rifle. A qualifica'on course must be completed by each officer at least annually.
Training Required: Officers must complete a P .O.S.T. cer'fied course to be issued a rifle. These courses are a minimum of 16 hours of instruc'on on use, deployment, and maintenance of the rifles. P .O.S.T. also requires four hours of tac'cal firearm instruc'on every two years for officers and this training is facilitated by P .O.S.T. cer'fied rifle instructors.
Other Notes: PPD rifles have a red dot sight aiached to the upper receiver, which allows for quicker target acquisi'on and accuracy.
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MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: Primary Weapons Systems (PWS) MK111 Rifles Quan/ty Owned/Sought: 12 owned Lifespan: Approximately 7 Years Equipment Capabili/es: Capable of firing .223 caliber ammuni'on Manufacturer Product Descrip/on: The PWS MK1 MOD 2-M line features the PWS long stroke piston system. While the internals remain the same as other PWS lines, the MK1 MOD 2-M offers a variety of features exclusive to this line. Star'ng with patent pending PicLok technology on the free float handguard, users are able to mount either Pica'nny or MLOK accessories on the front of their firearm.
Moving to the fully forged upper and lower receivers, the cra`smanship of this rifle can be easily recognized. Elimina'ng forward assist, adding a flared mag well and built-in trigger guard, among other specific add-ons, the MK1 MOD 2-M takes high end firearms to a new level.
Purpose/Authorized Uses: The PWS rifles serve the same func'on as patrol rifles. They allow officers to address lethal threats with precision from a distance. Compared to handguns, they are more accurate at greater distances and can penetrate most body armor. The PWS rifles are issued to members of the SWAT team.
Fiscal Impacts: The ini'al purchase price for the PWS rifles was $18,000 for twelve rifles in 2014.
Annual maintenance costs are approximately $150 for baieries, parts and cleaning supplies.
Annual Maintenance: $500
Personnel Cost: Approximately $85,000. This cost reflects a year of required training for personnel assigned to the SWAT Team.
Legal/Procedural Rules Governing Use: PPD Policy 312.4.4 covers deployment, use, care, and maintenance of rifles. In addi'on, there are a mul'tude of California Penal Code sec'ons that also apply to the transporta'on, care, and maintenance of assault rifles. Only officers who have completed a P .O.S.T. cer'fied patrol rifle course may be issued a rifle. A qualifica'on course must be completed by each officer at least annually.
Training Required: Officers must complete a P .O.S.T. cer'fied course to be issued a rifle. These courses are a minimum of 16 hours of instruc'on on use, deployment and maintenance of the rifles. P .O.S.T. also requires four hours of tac'cal firearm instruc'on every two years for officers and this training is facilitated by P .O.S.T. cer'fied rifle instructors. SWAT Team members who are issued the PWS rifles receive addi'onal range training at least monthly.
Other Notes:
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MILITARY EQUIPMENT USE REPORT 2023
Armor Penetrator Ammuni>on
Equipment Name: HSM Urban Copper 127 gr .308 Winchester Light Armor Penetrator Ammuni'on Quan/ty Owned/Sought: Up to 20 boxes owned Lifespan: Unknown Equipment Capabili/es: This specialized ammuni'on is capable of accurately penetra'ng a variety of barriers such as glass and metal.
Manufacturer Product Descrip/on: The 308 Light Armor Penetrator is used for disabling vehicles at checkpoints or longer ranges or engaging threats that have taken cover behind vehicles. It is used specifically to penetrate glass and vehicles.
Purpose/Authorized Uses: This ammuni'on is authorized, pursuant to law and Department policy, to address lethal threats when other ammuni'on has proven or is expected to be incapable of penetra'ng a necessary barrier to reach the threat.
Fiscal Impacts: The purchase price of this ammuni'on is approximately $88.88 per box (20 rounds per box).
Annual Maintenance: $300, general fund
Personnel Cost: N/A
Legal/Procedural Rules Governing Use: All use of force applica'ons are governed by state law and Pleasanton PD Policy Sec'on 300. This ammuni'on is used exclusively by SWAT Team members assigned to the long-rifle/observer team for very specific use cases where ballis'c barrier penetra'on is required.
Training Required: SWAT Team members authorized to use this ammuni'on must train and qualify with it.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Shotguns and Muni>ons
Equipment Name: Remington Model 870 Less-Than-Lethal Shotgun Quan/ty Owned/Sought: 39 owned Lifespan: Unknown
Equipment Capabili/es: Capable of firing “less-than-lethal” 12 gauge beanbag rounds Manufacturer Product Descrip/on: The Model 870 is a pump-ac'on shotgun design that has been around for more than half a century. The receiver is machined from a solid block of American steel and its pump-ac'on makes it the smoothest, most reliable shotgun on the market.
Purpose/Authorized Uses: The less-than-lethal shotguns provide alterna've levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The shotguns were originally purchased between 1988 and 2005. Financial records of these purchases are not available. In 2015, approximately $1800 was spent to refit the shotguns with colored stocks and foregrips to beier iden'fy them as less-than-lethal devices. The current cost of a Remington shotgun is approximately $500. Maintenance costs are approximately $100 annually for cleaning supplies and parts. The beanbag ammuni'on costs approximately $35.50 for a box of five rounds.
Annual Maintenance: $100, general fund
Personnel Cost: Approximately $21,000. This cost reflects a year of required training for personnel authorized to deploy a less lethal shotgun.
Legal/Procedural Rules Governing Use: All use of force applica'ons is governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: Only officers who have been trained and have passed a qualifica'on course on the shotguns may deploy them. Officers receive ini'al training upon hire and at least every two years therea`er.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: CTS Super-Sock Bean Bag Impact Muni'ons Quan/ty Owned/Sought: Up to 500 owned Lifespan: Unknown Equipment Capabili/es: Bean bag ammuni'on capable of being fired from a 12-gauge shotgun.
Manufacturer Product Descrip/on: The Model 2581 Super-Sock is delivers unprecedented accuracy and consistent terminal impact characteris'cs at close-in and extended ranges, thanks to the flexible tubular material bag specially developed for this unique less than lethal round. Super-Sock is a safer and more effec've round due to its accuracy and consistent transfer of kine'c energy to the target.
Unlike tradi'onal flat bags, no "unfolding" is necessary. Super-Sock is correctly deployed as soon as it exits the muzzle. No frisbee or wind surfing effects. No hipng the target folded or sideways. When deployed, super-sock presents a consistent aerodynamic shape every 'me, delivering consistent and predictable terminal performance. Fits cylinder and improved cylinder 12ga shotguns chambered for
2.75" & 3" cartridges.
Purpose/Authorized Uses: The beanbag rounds provide alterna've levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The ammuni'on costs $37.50 for a box of five rounds.
Annual Maintenance: N/A
Personnel Cost: N/A
Legal/Procedural Rules Governing Use: All use of force applica'ons are governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: Only officers who have been trained and have passed a qualifica'on course with the beanbag ammuni'on may deploy them. Officers receive ini'al training upon hire and at least every two years therea`er.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Launchers and Muni>ons
Equipment Name: FN 303 Less-Than-Lethal Launcher
Quan/ty Owned/Sought: 25 owned Lifespan: Unknown
Equipment Capabili/es: Capable of launching .68 caliber impact, marking and pava projec'les.
Manufacturer Product Descrip/on: The FN 303 is a less lethal technology that bridges the gap between firearms and tradi'onal impact, chemical, and electro-muscular disrup've devices. This launcher is constructed from durable lightweight polymer with comfortable ergonomics and easy to operate safely. It is equipped with both flip-up iron sights and an integrated MIL-STD-1913 top moun'ng rail for op'cal or electronic sights or other accessories. The lightweight polymer magazine holds 15 projec'les and offers a clear rear cover to allow the operator to instantly verify both the payload
and the number of projec'les remaining.
Purpose/Authorized Uses: The less-than-lethal shotguns provide alterna've levels of force to overcome resistance when reasonably necessary in accordance with policy and law.
Fiscal Impacts: The FN 303 launchers were ini'ally purchased in 2018 at a cost of $57,000. $12,000 of the original purchase was made with COPS grant funding. Projec'les costs between $865 and $1,054 per 150 rounds. Most projec'les purchased are clear impact rounds.
Annual Maintenance: $300, general fund
Personnel Cost: Approximately $21,000. This cost reflects a year of required training for personnel authorized to deploy a less lethal shotgun.
Legal/Procedural Rules Governing Use: All use of force applica'ons is governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: Only officers who have been trained and have passed a qualifica'on course on the FN 303 launchers may deploy them. Officers receive ini'al training upon hire and at least every two years therea`er.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: FN 303 Pava/OC Powder Projec'le
Quan/ty Owned/Sought: Up to 150 rounds
owned
Lifespan: Approximately 5 years
Equipment Capabili/es: Launched from the FN 303, they serve as both an impact round and a chemical agent (OC) delivery system.
Manufacturer Product Descrip/on: The FN 303 Pava/OC projec'le is intended as an irritant for individual suspects, point-specific targets, or small-area denial. The ac've ingredient is 0.5% Pava/OC in a powder form for ease of storage, deployment, and clean-up.
Purpose/Authorized Uses: To deploy against ac'vely resis'ng suspects as an impact (less-than-lethal) device when the use of chemical agents is also appropriate.
Fiscal Impacts: Projec'les costs between $865 and $1,054 per 150 rounds.
Annual Maintenance: None
Personnel Cost: N/A
Legal/Procedural Rules Governing Use: All use of force applica'ons are governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: All officers receive ini'al training on the FN 303 upon hire and updated training at minimum every two years.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: Penn Arms 40mm Single Launcher
Quan/ty Owned/Sought: 26 owned Lifespan: Approximately 15 years Equipment Capabili/es: Launches a single 40mm projec'le, can be loaded with various types of projec'les.
Manufacturer Product Descrip/on: Single-shot, light weight, small, and opera'onally versa'le less lethal muni'on delivery device.
Purpose/Authorized Uses: The 40mm launchers can be used as a less-than-lethal impact device or as a chemical agent delivery system. They can deliver chemical agents from a safe distance. The launchers may only be deployed by officers who have been trained on their use. Use for chemical agent deployment must comply with Department Policy. The devices are currently restricted to use by members of the SWAT Team.
Fiscal Impacts: Two launchers were ini'ally purchased in 2018 for $6,250. This cost included an ini'al supply of projec'les. There is no maintenance cost except for ammuni'on which is listed in a separate sec'on of this document. In 2023, 24 were purchased for approximately $30,500.
Annual Maintenance: None
Personnel Cost: Approximately $28,000 for training SWAT and patrol personnel in 2023.
Legal/Procedural Rules Governing Use: All use of force applica'ons are governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: Officers must be trained on use of the launchers by a cer'fied instructor. 26
MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: CTS 4557 Impact Sponge Round (Arrived in 2023) Quan/ty Owned/Sought: Up to 500 owned Lifespan: Approximately 5 years Equipment Capabili/es: Can launch a sponge baton muni'on from 50 meters.
Manufacturer Product Descrip/on: The 40mm sponge baton is a spin-stabilized projec'le delivering blunt trauma effect with an effec've range of 50 Meters. Launched from a 40mm plaNorm, the muni'ons travel at a velocity of 240-260 `./sec and weigh 105 grams.
Purpose/Authorized Uses: It is intended to be used as a less-than-lethal op'on similar to a baton, bean bag shotgun, etc
Fiscal Impacts: Muni'ons are to be included in the ini'al purchase price.
Annual Maintenance: None
Personnel Cost: None
Legal/Procedural Rules Governing Use: All use of force applica'ons are governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: Only officers who have received training from a cer'fied instructor are authorized to use this device. The 40mm sponge baton impact muni'on can be used by authorized sworn personnel.
Other Notes: None.
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MILITARY EQUIPMENT USE REPORT 2023
Equipment Name: Defense technology 40mm Aerial Warning/Signaling Munition, 50 meters Quan/ty Owned/Sought: Up to 50 owned Lifespan: Approximately 5 years Equipment Capabili/es: Can launch a muni'on from 50 meters away.
Manufacturer Product Descrip/on: The 40mm AerialWarning/Signaling Munition, 50 meters, deflagrate at a set distance of 50 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. This device is similar to a flash bang with aerial capabilities.
Purpose/Authorized Uses: It is intended to be used in situations in outdoor settings to provide a warning or distraction.
Fiscal Impacts: $1500 / 40 rounds purchased in 2021
Annual Maintenance: None
Personnel Cost: None
Legal/Procedural Rules Governing Use: All use of force applica'ons are governed by state law (including Penal Code sec'on 13652) and Pleasanton PD Policy Sec'ons 300 and 308.
Training Required: Only officers who have received training from a cer'fied instructor are authorized to use this device. The 40mm sponge baton impact muni'on can be used by authorized sworn personnel.
Other Notes: None.
Similar round as the 50
meters image was not
available.
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