Tracy City Council
March 19, 2024

Date Posted: March 15, 2024

THIS MEETING WILL BE OPEN TO THE PUBLIC FOR IN-PERSON AND REMOTE PARTICIPATION PURSUANT TO GOVERNMENT CODE SECTION 54953(e).

MEMBERS OF THE PUBLIC MAY PARTICIPATE REMOTELY IN THE MEETING VIA THE FOLLOWING METHOD:

As always, the public may view the City Council meetings live on the City of Tracy’s website at CityofTracy.org or on Comcast Channel 26/AT&T U-verse Channel 99. To view from the City’s website, open the “Government” menu at the top of the City’s homepage and select “City Council Meeting Videos” under the “City Council” section.

If you only wish to watch the meeting and do not wish to address the Council, the City requests that you stream the meeting through the City’s website or watch on Channel 26.

Remote Public Comment:

During the upcoming City Council meeting public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2557 906 5534 and Event Password: TracyCC o If you would like to participate in the public comment anonymously, you may submit your comment in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address.
o Join by phone by dialing +1-408-418-9388, enter 25579065534#8722922# Press *3 to raise the hand icon to speak on an item.

• Protocols for commenting via WebEx:
o If you wish to comment on the “Consent Calendar”, “Items from the Audience/Public Comment” or “Regular Agenda” portions of the agenda:
 Listen for the Mayor to open that portion of the agenda for discussion, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
 If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.
o Comments for the “Consent Calendar” “Items from the Agenda/Public Comment” or “Regular Agenda” portions of the agenda will be accepted until the public comment for that item is closed.
o Comments received on Webex outside of the comment periods outlined above will not be included in the record.

TRACY CITY COUNCIL

REGULAR MEETING AGENDA

Tuesday, March 19, 2024, 7:00 P.M.

Tracy City Hall Chambers, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org

TRACY CITY COUNCIL AGENDA 2 March 19, 2024

Americans With Disabilities Act - The City of Tracy complies with the Americans with Disabilities Act and makes all reasonable accommodations for the disabled to participate in Council meetings. Persons requiring assistance or auxiliary aids should call City Hall (209/831-6105) 24 hours prior to the meeting.

Addressing the Council on Items on the Agenda - The Brown Act provides that every regular Council meeting shall provide an opportunity for the public to address the Council on any item within its jurisdiction before or during the Council's consideration of the item, provided no action shall be taken on any item not on the agenda. To facilitate the orderly process of public comment and to assist the Council to conduct its business as efficiently as possible, members of the public wishing to address the Council are requested to, but not required to, hand a speaker card, which includes the speaker’s name or other identifying designation and address to the City Clerk prior to the agenda item being called. Generally, once the City Council begins its consideration of an item, no more speaker cards will be accepted. An individual’s failure to present a speaker card or state their name shall not preclude the individual from addressing the Council. Each citizen will be allowed a maximum of five minutes for input or testimony. In the event there are 15 or more individuals wishing to speak regarding any agenda item including the “Items from the Audience/Public Comment” portion of the agenda and regular items, the maximum amount of time allowed per speaker will be three minutes. When speaking under a specific agenda item, each speaker should avoid repetition of the remarks of the prior speakers. To promote time efficiency and an orderly meeting, the Presiding Officer may request that a spokesperson be designated to represent similar views. A designated spokesperson shall have 10 minutes to speak. At the Presiding Officer’s discretion, additional time may be granted. The City Clerk shall be the timekeeper.

Consent Calendar - All items listed on the Consent Calendar are considered routine and/or consistent with previous City Council direction. One motion, a second, and a roll call vote may enact the items listed on the Consent Calendar. No separate discussion of Consent Calendar items shall take place unless a member of the City Council, City staff or the public request discussion on a specific item.

Addressing the Council on Items not on the Agenda – The Brown Act prohibits discussion or action on items not on the posted agenda. The City Council’s Meeting Protocols and Rules of Procedure provide that in the interest of allowing Council to have adequate time to address the agendized items of busines s, “Items from the Audience/Public Comment” following the Consent Calendar will be limited to 15- minutes maximum period. “Items from the Audience/Public Comment” listed near the end of the agenda will not have a maximum time limit. A five- minute maximum time limit per speaker will apply to all individuals speaking during “Items from the Audience/Public Comment”. For non-agendized items, Council Members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff member; or request that the matter be placed on a future agenda or that staff provide additional information to Council. When members of the public address the Council, they should be as specific as possible about their concerns. If several members of the public comment on the same issue an effort should be made to avoid repetition of views already expressed.

Notice - A 90 day limit is set by law for filing challenges in the Superior Court to certain City administrative decisions and orders when those decisions or orders require: (1) a hearing by law, (2) the receipt of evidence, and (3) the exercise of discretion. The 90 day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge a City Council action in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised during the public hearing, or raised in written correspondence delivered to the City Council prior to or at the public hearing.

Full copies of the agenda are available on the City’s website: www.cityoftracy.org

Date Posted: March 15, 2024
TRACY CITY COUNCIL AGENDA 3 March 19, 2024

CALL TO ORDER
ACTIONS, BY MOTION, OF CITY COUNCIL PURSUANT TO AB 2449, IF ANY

ROLL CALL AND DECLARATION OF CONFLICTS

PLEDGE OF ALLEGIANCE

INVOCATION

PRESENTATIONS

1. Certificates of Congratulations – SJC Mock Trial First Place Winners

ORDER OF BUSINESS

1. CONSENT CALENDAR

1.A. Adoption of March 5, 2024 Special Meeting and Regular Meeting Minutes.

1.B. City Council adopt a Resolution approving the 2024 Professional Services Agreement with Guidepost Solutions, LLC for the Security System Implementation for the City’s Water Facilities Project, CIP 75169, for the remaining scope of work for the Project, in a not-to-exceed amount of $35,706.88, with a term commencing January 1, 2024, and ending December 31, 2024.

1.C. Adopt a Resolution amending the City’s Conflict of Interest Code to add and remove designated City Officers and employee classifications, as required by the California Political Reform Act.

1.D. City Council adopt a resolution 1) accepting a $443,429 grant from the State Water Resources Control Board for the California Extended Water and Wastewater Arrearage Payment Program; and 2) appropriating the full grant funds to the Water and Wastewater funds to be applied as credits against residential and commercial water and wastewater arrearages.

1.E. City Council adopt a resolution (1) accepting the construction for the Slurry Seal Project, FY21-22, CIP 73184, (Project) completed by American Asphalt Repair & Resurfacing Co., Inc., of Hayward, California, (2) authorizing the City Clerk to file the Notice of Completion with the San Joaquin County Recorder’s Office, (3) authorizing the City Engineer to release the bonds and retention payment in accordance with State law; and (4) authorizing the Finance Department to close the Project.

1.F. City Council adopt a resolution approving the Professional Service Agreement with Harris & Associates, Inc., for a not-to-exceed amount of $332,848 to provide professional engineering services in furtherance of Capital Improvement Project 73186.

1.G. City Council adopt a resolution (1) accepting the public improvements for Orchard Park within Ellis Town and Country, Tract 4007, constructed by LS-Tracy, LLC, and accepting future maintenance and repair, (2) authorizing the City Clerk to file the Notice of Completion for Orchard Park with the San Joaquin County Recorder’s Office, and (3) authorizing the City Engineer to release the Orchard Park improvement security in accordance with the terms of the Subdivision Improvement Agreement, as amended.

TRACY CITY COUNCIL AGENDA 4 March 19, 2024

1.H. The Planning Commission recommends that the City Council receive the 2023 Annual Progress Report for the General Plan and Housing Element as required by the State Office of Planning and Research and Housing and Community Development Department regarding the implementation progress of the Tracy General Plan and the Housing Element.

1.I. City Council: Adopt Resolutions finding, for each of the below, that strict compliance with the contracting procedure for “general services” under Tracy Municipal Code Section

2.20.180(b)(4) is not in the best interest of the City and

i) A) Rescinding Resolution #2023-230 approving a General Services Agreement with Jim Brisco Enterprises, Inc. for Wastewater Treatment Biosolids Loading, Hauling and Disposal for a term of one (1) year beginning on September 1, 2023, and a not- to-exceed amount of $176,700 annually and
B) Approving Jim Brisco Enterprises, Inc. for Wastewater Treatment Plant Biosolids Loading, Hauling and Disposal for a term of one (1) year beginning on December 5, 2023 and a not-to-exceed amount of $176,700 annually;
ii) Approving a General Services Agreement with Alpha Analytical Laboratories, Inc. for Laboratory Testing Services for a term of fifteen (15) months, with an administrative option to extend for up to five years, in any combination of length and not-to-exceed annual amount of $60,180 per fiscal year; and
iii) Approving a General Services Agreement with Eurofins Eaton Analytical, LLC for Laboratory Testing Services for a term of fifteen (15) months, with an administrative option to extend for up to five years, in any combination of length, and a not-to- exceed annual amount of $23,451 per fiscal year.

2. ITEMS FROM THE AUDIENCE

3. REGULAR AGENDA

3.A. Deliberate Proposed Amendments to the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies (Appointment Policy) and, upon Conclusion of such Deliberations, adopt one of the following Resolutions:

1) Resolution amending the Appointment Policy to allow the full City Council to interview candidates and make final recommendations of specific candidates for the Mayor to consider as proposed appointees, subject to final approval of the City Council; OR

2) Resolution amending the Appointment Policy to allow the full City Council to interview candidates and create an appointment list from which the Mayor may select proposed appointees, subject to final approval of the City Council.

4. ITEMS FROM THE AUDIENCE

5. STAFF ITEMS

6. COUNCIL ITEMS

7. ADJOURNMENT

TRACY CITY COUNCIL - SPECIAL MEETING MINUTES

March 5, 2024, 5:30 p.m.

Tracy City Hall, 333 Civic Center Plaza, Tracy, CA.

1. Mayor Young called the meeting to order at 5:34 p.m.

2. There were no actions taken pursuant to AB 2449.

3. Roll Call found Council Members Arriola, Evans, Mayor Pro Tem Davis and Mayor Young present. There was no declaration of conflicts by City Council. Council Member Bedolla absent from roll call.

Council Member Bedolla arrived at 5:37 p.m. and declared no conflicts.

4. Items from the audience – None.

5. DISCUSSION ITEMS:

5.A. The Tracy Finance Committee recommends that the City Council receive a report on the Five-year forecast for the City’s General Fund and provide direction regarding the City’s preliminary Fiscal Year 2024-25 Operating and Capital Budget.

Sara Cowell, Finance Director provided the staff report and presentation and responded to questions.

Karin Schnaider, Assistant City Manager responded to questions.

Council questions and comments followed.

Maria Valenzuela from Tracy Chamber of Commerce asked Council to not forget about ongoing conversations with the Chamber and community businesses that have been impacted by the Measure.

ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to receive the Five-year forecast for the City’s General Fund and provide direction regarding the City’s preliminary FY 2024-25 Operating and Capital Budget. Roll call found all in favor; passed and so ordered.

6. Council Items and Comments – None

Special Meeting Minutes 2 March 5, 2024

7. Adjournment – Time: 6:14 p.m.

ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Arriola to adjourn. Roll call found all in favor; passed and so ordered.

The above agenda was posted at the Tracy City Hall on February 29, 2024. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor
ATTEST:

___________________________
City Clerk

TRACY CITY COUNCIL REGULAR MEETING MINUTES

March 5, 2024, 7:00 p.m.

City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org

Mayor Young called the meeting to order at 7:00 p.m.

There were no actions taken pursuant to AB 2449.

Roll call found Council Members Arriola, Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young present. City Council had no declarations of conflict.

Sheik Basem, Tracy Islamic Center offered the invocation.

Karin Schnaider, Assistant City Manager presented Employee of the Month Award for March to Sheryl Tapia, Police Department.

Mayor Young presented Certificates of Recognition to D.A.R.E. graduating students from Discovery, New Jerusalem, Delta Charter, George Kelly, Hirsh, West Valley Christian Academy, Freiler, and Villalovoz schools.

Mayor Young presented Certificates of Recognition for Women’s History Month to Lisa Aguilera, Kathy Bergthold, Dr. Cynthia Chess, Dr. Kaylin Dell’aringa, Nila Dhugga, Param Gill, Susan Hawkins, Jolene Jauregui-Correll, Gail Lagasca, Midori Lichtwardt, Mary McGill, Stacey Mortensen, Diane Nguyen, Cathrine Oclassen, Dr. Catalina Pina, Rhodesia Ransom, Adrianne Richardson, Brittani Ryan, Mercedes Silveira, Cheryl Steensma, Maria Valenzuela, Veronica Vargas, Eva Villalovoz, Dr. Clara Voss, Kelly Wilson.

1. CONSENT CALENDAR – Following the removal of Consent Item 1.B by Robert Tanner motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to adopt the Consent Calendar. Roll call found Council Members Arriola, Evans, Mayor Pro Tem Davis and Mayor Young in favor; passed and so ordered. Council Member Bedolla absent from the vote.

1.A. Adoption of February 20,
2024 Closed Session and Regular Meeting
Minutes. – Minutes were adopted.

1.C. City C ouncil adopt a Resolution authorizing: 1) Amendments to the City’s Classification and Compensation Plan and Master Salary Schedule to add the classification of Assistant Director of Parks, Recreation and Community Services; 2) Amendments to existing classifications to reflect minor modifications related to the reorganization; and 3) Reallocation of one vacant Director of Mobility and Housing to one Assistant Director of Parks, Recreation and Community Services, one vacant Senior Account Clerk to Accounting Technician, one vacant Engineering Technician II to Administrative Technician and one filled Administrative Assistant to Administrative Technician and reclassification of the incumbent. – Resolution 2024-025 approved Regular Meeting Minutes 2 March 5, 2024

amendments to the Classification and Compensation Plan and Master Salary Schedule.

1.D. City Council adopt a Resolution approving a Professional Services Agreement with West Yost Associates, Inc. for Construction Management Services for the Recycled Water Expansion Project, CIP 74168, for a total not-to-exceed amount of $2,591,159. – Resolution 2024-026 approved the Professional Services Agreement with West Yost Associates, Inc.

1.E. City Council adopt a resolution 1) authorizing the acceptance of additional grant funds in the amount of $35,000 from the Grand Foundation for Fiscal Year 2023-24, and 2) appropriating such funds to the Cultural Arts Division budget. – Resolution 2024-027 authorized the acceptance of additional grant funds from the Grand Foundation for Fiscal Year 2023-24 and appropriating funds to Cultural Arts Division budget.

1.F. The Tracy
Homelessness Advisory Committee recommends that the City Council adopt a Resolution approving Amendment No. 1 to the General Services Agreement with B.I.C. Sec Security, Inc. for installation of the Phase IV Custom Container Fire Alarm System at the Temporary Emergency Housing Facility, CIP 71112, at 370 Arbor Avenue, to amend the scope of work and increase the total compensation by $7,491.34 for a total Not-To-Exceed amount of $66,887.68. – Resolution 2024-028 approved Amendment No. 1 to the General Services Agreement with B.I.C. Sec Security, Inc.

1.G. City Council adopt a Resolution: (1) A
pproving Juan Lopez, dba Amistad
Associates (Amistad Associates), to serve as the mutually agreed upon facilitator for the City Manager performance evaluations, as reflected in Task Order 1 of the proposed Master Professional Services Agreement with Amistad Associates; (2) Approving Amistad Associates to serve as the mutually agreed upon facilitator for the City Attorney performance evaluations, as reflected in Task Order 2 of the proposed Master Professional Services Agreement with Amistad Associates; (3) Designating Amistad Associates as the City Council’s “designated representative” under Government Code Section 54957.6 in future negotiations of compensation and benefits with, each, the City Manager and City Attorney; and (4) Authorizing the City Manager to execute a Master Professional Services Agreement with Amistad Associates in a total not-to-exceed amount of $25,000 for a nine-month term. – Resolution 2024-029 approved Juan Lopez, dba Amistad Associates to serve as mutually agreed upon facilitator for the City Manager performance evaluations and City Attorney performance evaluations.

1.H. City Council adopt a Resolution 1) Ratifying the Conveyance and Disbursement of Public Fire Safety Fee Provisions of the February 20, 2018 South County Fire Authority Dissolution Agreement with respect to Fire Facilities in Overlapping Jurisdictions; and 2) Authorizing the City Manager and City Attorney to effectuate the conveyance actions previously authorized by Resolution 2022-013. – Resolution 2024-030 ratified the Conveyance and Disbursement of Public Fire Safety Fee Provisions of the February 20, 2018 South County Fire Authority Dissolution Agreement and authorized the Regular Meeting Minutes 3 March 5, 2024

City Manager and City Attorney to effectuate the conveyance actions previously authorized.

1.B. Utilities Division staff recommend that City Council adopt a resolution approving a Professional Services Agreement with Black and Veatch Corporation for the 2024 Water Rate and Revenue Study with a total not-to- exceed amount of $128,500.

Robert Tanner pulled the item to make the Council aware there is still a State declared drought, shared his concerns regarding wastewater, garbage and potential water rate increases adding that people on fixed incomes and others can’t afford big increases and need to be conscious of that. Trees and lawns are dying because of the rate increases we already have.

Council comments followed.

ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to adopt Resolution 2024-031 authorizing a Professional Services Agreement with Black and Veatch Corporation for the 2024 water rate and revenue study with a total not-to-exceed amount of $128,500. Roll call found all in favor; passed and so ordered.

2. ITEMS FROM THE AUDIENCE – Robert Tanner praised staff for listening and their quick response to repairing potholes at a crosswalk he had previously mentioned at Lowell and Tracy Blvd and are working Grant Line and the ADA ramps.

Abdul Wahid spoke about issues regarding insurance claims that are coming in from people taking pictures from the sky. Mr. Wahid stated he went to Public Works and was told by the directors there is not enough funds. Spoke about insurance rates going up, trees getting out of control and shared his renter received a letter from the City stating he can remove the tree which he did but got a complaint from the Police Department that he has broken the rules. Are there miscommunications or is there a breakdown. The City is not proactive.

Jay Lakey announced their office probation of 501C (3) nonprofit organization Game On, Lakey Youth Foundation to make positive impact within Tracy and the San Joaquin County to address the needs of underserved youth by elevating the financial barriers that hinder the participation in sports and other recreational activities. Mr. Lakey shared information regarding Game On, Lakey Youth Foundation, and his latest endeavor - the gourmet initiative which is designed to mentor high school students who are interested in pursuing careers in the culinary arts and entrepreneur field.

Emanuel Macalino, Stars Casino thanked Council for their attendance at their grand opening celebration on Naglee Road. Has been five months since they contacted the City about increasing table games, spoke about adding two additional tables to their facility and asked Council to consider the request and facilitate the process.

Robyn spoke about the lack of movement forward with the Aquatic Center, it will make money and asked when residents can expect to see forward movement.

Regular Meeting Minutes 4 March 5, 2024

Alice English announced on March 22 WSB of San Joaquin is having their Annual Conference, the organization is about supporting women in business, leadership, education and community and shared the trailblazer speakers at the conference. On March 23, Tracy Women’s Club, volunteers from all walks of life who support good organizations and nonprofits are having their Annual Tea Fundraiser on Saturday at 2:00 p.m.

Dan Randall spoke about the Aquatic Center and contract law and resolving disputes between both parties. Don’t have to rely on courts to do it for them. Council has not entertained the outreach from the developer to reach an agreement and implored Council to deal with this issue.

Council Member Evans disagreed with the characterizations and statements.

3. REGULAR AGENDA

3.A. City Council conduct a public hearing, and upon conclusion, adopt a Resolution:
1) approving the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) Award Allocation Recommendations provided in Attachment B hereto; 2) approving the appropriation to the City of Tracy Economic Development Division of the total CDBG and HOME Investment Partnership Program (HOME) Awarding funds to be determined by San Joaquin County; 3) approving the allocation of the County-approved CDBG and HOME Award funds to the Subrecipients in accordance with Award Allocation Recommendations provided in Attachment B hereto; and 4) authorizing the City Manager, or her designee, to sign the CDBG Subrecipient Agreements and other implementing documents.

Mayor Young opened the public hearing.

Joseph Viorge-Koide, Economic Development Administrative Technician provided the staff report and presentation.

Council comments and questions followed.

There were no public comments.

Mayor Young closed the public hearing.

ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Davis to adopt Resolution 2024-032 approving 1) the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) award allocation recommendations, 2) the appropriation to the City of Tracy Economic Development Division of the total CDBG and Home Investment Partnership Program (HOME) Program Funds to be determined by San Joaquin County, 3) the allocation of the County-approved CDBG and Home Award Funds to the subrecipients in accordance with award allocation recommendations provided in attachment 1, and authorizing the City Manager, or her designee, to sign the CDBG Subrecipient Agreements and other implementing documents. Roll call found all in favor; passed and so ordered.

Regular Meeting Minutes 5 March 5, 2024

3.B. Receive information from the South San Joaquin County Fire Authority regarding ambulance availability and response times and desire to purchase and operate ambulances and related equipment.

Karin Schnaider, Assistant City Manager introduced the item.

Randall Bradley, Fire Chief provided the staff report and responded to questions.

Robert Tanner spoke about his experience with AMR after the Christmas parade and the charges. His insurance only allowed him to pay $265. Surprised that Tracy does not have its own ambulance service, should have had it a while ago as have a population of close to 100,000. Mr. Tanner recommended two ambulances and having our own system in place. What is missing in the report is the response times of first engine and EMS for a one-year period.

Alice English stated it is good to hear AMR is willing to work with us and seeing life in Tracy is important. Agreed with Mr. Tanner, the County and Tracy is growing. Public safety and quality of life is important. Need an ambulance possibly two and encouraged Council to accept the report and go forward.

Council questions and comments followed.

Ms. Schnaider clarified staff received a request from two board members to bring the item back, at this point there is no ask for Council, have commitment from the Fire Chief to return when the contracts are ready to be evaluated.

ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to receive information from the South San Joaquin County Fire Authority regarding ambulance availability and response times and desire to purchase and operate ambulances and related equipment. Roll call found all in favor; passed and so ordered.

3.C. Discuss options for amending the Council Policy Establishing a Selection Process for Appointments to City Advisory Bodies adopted by Resolution 2021- 200 and direct staff to return with an option that fully complies with Government Code Section 40605.

Kimberly Murdaugh, Interim Assistant City Manager provided the staff report.

Council questions and comments followed.

Vannie Dart stated three options giving the Mayor to appoint is a dictatorship for one person having too much power and Mayor serving on the subcommittee is a conflict of interest. All Council should interview candidates, provide input and make recommendations. Why do we have the other four Council Members if the Mayor can appoint and serve on the subcommittee. Ms. Dart asked Council to adopt and support Option 3. All should have a burden of accountability.

Don Penning stated if the process is broken, he supports fixing it, but is lacking confidence there will be a majority vote on which option is going to be chosen.

Regular Meeting Minutes 6 March 5, 2024

There is going to be disagreements but that falls in line with a majority vote.

Looking for swift action because two positions are expiring at the end of March.

Tim Silva did not like any options. Need to stand firm, the system we have today functions well, and have not heard citizens complain. First two he disagrees with as is a dictatorship and gives the Mayor too much authority. When all have a say, it is more representation. Having to come to a meeting to be grilled in front of Council at a public meeting will deter people from applying. What we have right now works well and disagreed with the law the State is mandating.

Ubbo Coty stated the item is more important than people realize, allowing the Mayor to have full vote, and supported Option 3. Planning Commission appointments are coming up soon and they are some of the consequential appointments in the City of Tracy. The Mayor has a short time left on Council and if we don’t do the third option, in her remaining time she could make some of the most consequential appointments for the next four years.

Bijal Patel, City Attorney responded to questions.

Karin Schnaider, Assistant City Manager responded to questions.

Council questions and comments continued.

Ms. Patel suggested seeing if there is consensus on a specific option and along with that come back with further legal analysis not just by her but our independent attorney so they can also give legal analysis on what their opinion is on whether or not the proposed option is consistent with not only the specific state law but the Attorney General’s interpretation of the state law so Council would have all that information before making that consideration. Need to narrow down a specific option so we know what we are coming back with as a proposal and will include the requested legal analysis on that proposal in the staff report.

Ms. Schnaider summarized Council’s consensus on the options:

Council Member Evans – Option 3.B but open to 3.A
Mayor Pro Tem Davis – Flexible for Option 3.A or 3.B
Council Member Bedolla – Option 3.A
Council Member Arriola – Prefer Option 1 and second Option 3.B Mayor Young did not think Option 3 would be viable for the community.

Ms. Schnaider added based on Council’s consensus to narrow the analysis down to 3.A and 3.B with a majority leaning towards 3.B, in our analysis staff will look at those cities that are using this practice and the legal team will make sure we are legally viable. There will be further discussion at the next meeting and will see if it can be wrapped up at the following meeting for adoption on Consent.

Ms. Schnaider confirmed the terms of two Planning Commissioners will expire at the end of March, but there will still be a majority on the commission. Interviews could occur first or second meeting in April.

Ms. Patel stated if the item is brought back on March 19, 2024, staff could give Council the option to select Option 3.A or 3.B with an analysis on both along with Regular Meeting Minutes 7 March 5, 2024

a legal analysis, and if Council reaches a consensus on either Option 3.A or 3.B, the option would be adopted so it would be an action item on March 19.

Ms. Murdaugh added staff will be returning with looking at the viability for either Option 3A and 3B and will gather the policy for 67% of the responding agencies that had that process and provide the actual language.

Ms. Patel clarified we will be putting that all as part of the staff report with respect to Option 3 and the spreadsheet that has the Cities that follow process 3 whether it is A or B, will provide the language of their ordinances and policies and have additional legal analysis on the options.

Mayor Pro Tem Davis stated she has a hard stop at 11:00 p.m. and will need to leave.

4. ITEMS FROM THE AUDIENCE – Tim Silva spoke about a comment the Mayor made and stated he is not telling anyone to break the law at 40 or 50 miles an hour when it should be 30. We are talking about civil law and whether we are in the framework of civil law tonight on how we present ourselves, how we elect our commissioners because we are a government by the people for the people, not a government for the dictator by the dictator. Mr. Silva felt that this state law is putting most of the power one person’s hands where they get to select a committee and appoint whoever the committee picks.

Vannie Dart stated it is sad to listen to the Mayor fight just to get the power to appoint someone. We have Veterans on the streets and potholes, but Mayor wants to spend money to do an analysis that is already done. Staff got the analysis and research go with that, why do we have to do it again.

Mayor Pro Tem Davis left the meeting at 11:04 p.m.

Richard Williams spoke about pedestrian safety stating on February 20 he called in asking someone to contact Mr. Kim to respond to his request for information concerning his lack of support for luminating crosswalks but has not received information from Mr.

Kim. What is the status of obtaining a consultation and a $60,000 grant has been awarded out of 2023 Safe Streets and Roads for All Grant. He would like that to be concluded before 2024 submission so can get implementation of luminated cross walks.

Mr. Williams requested Council review memorandums to City Council (particularly February 14, 2022) where an issue of safety crosswalks was brought up July 18, 2017 and in this report there was funding granted for $230,000 to make improvements on 11 th
Street and F Street and only thing done was painting of crosswalk. Only $25,000 used, where did the remaining funds go. City of Tracy is not moving fast enough and needs to take stronger action.

5. STAFF ITEMS – Karin Schnaider, Assistant City Manager reported on the following:
• The City will be hosting the San Joaquin County Continuum of Care’s General Member Meeting right here in Council Chambers this Thursday at 11:00 a.m. They will be discussing our county’s Homeless Housing, Assistance, and Prevention Grant Application, so anyone interested in that and updates from their various committees is welcome to participate.
• For our country lovers: tickets are still available to see The Wildcards at The Grand this Saturday at 8:00 p.m.

Regular Meeting Minutes 8 March 5, 2024

• For our seniors: you are invited to join us at The Grand for Senior Tuesdays next Tuesday at 11 a.m., and the Lolly Hansen Senior Center for their Shamrock Rock event on Friday, March 15th from 11:00 a.m. – 2:00 p.m. • For everyone who likes to laugh: join us next Thursday, March 14th at The Grand for The Comedy Zone with Tom Thakkar, who you may have seen on The Tonight Show with Jimmy Fallon.
• For the kiddos – Register NOW for our Spring Egg Splash at Joe Wilson Pool on Saturday, March 23rd at 12:30 p.m. – hop on over to TracyArtsAndRec.com.

6. COUNCIL ITEMS – Council Member Evans stated he has been hearing concerns regarding illegal use of ADA parking spaces and witnessed it himself. As parking becomes more of a premium in our growing City we will see more of this and would like to bring a conversation with the Police Department to discuss opportunities to increase enforcement. We have a lot of volunteers that have the ability to write parking tickets and do a tremendous service and want to know if we can enhance that or other options to ensure our less mobile residents have places to park to access things in our City.

Mayor Young asked when the Police Department’s Annual Report is coming back.

Karin Schnaider, Assistant City Manager responded it will be coming back in April.

Council Member Evans stated he would like to discuss that issue and how do we get that before Council for a specific item. Council Member Bedolla supported the request.

Council Member Evans stated he received an email from Carol Ponsaran who is a homeschooling mom who would like to set up a tour of City Hall for a home school tour.

Ms. Schnaider responded that request was received in Council’s email box and was passed on to staff and both the City Manager’s Office and Human Resources are collaborating on that project.

Council Member Evans requested bringing back to Council an Economic Development update on the overall department, process development, how we are resetting plans to bring in new businesses, enhancing processes for setting up a business in Tracy as well as doing better for our existing businesses and asked if staff has an Economic Development update coming back to Council soon.

Kimberly Murdaugh, Interim Assistant City Manager responded we have an Economic Development Strategic Plan in place right now and is excited about Economic Development staff attending an upcoming retail outreach conference at the end of this month and can bring an update of the outcomes of their outreach efforts and the strategic plan in May. Council Member Evans was agreeable to that, and Council Member Arriola seconded the request.

Council Member Evans stated he saw the email regarding the City accomplishments update that went out and it is great that was sent out, was part of greater City update which is something we recommended to the City Manager. Appreciate staff listening and implementing that and liked how Midori introduced herself as the new City Manager also. Would like to see future accomplishments be its own item. People would be more prone to pay attention to it if its own social media post and email. Lot of great accomplishments and trajectories that we are seeing the City moving in the right Regular Meeting Minutes 9 March 5, 2024

direction and whatever we can do to give the community visibility. Overall, it was fantastic.

Council Member Arriola congratulated Tracy High’s Mock Trial for winning first place for the third time in a row for the San Joaquin County Mock Trial Competition and Jessica Navarro from West High who won Mock Trial Court Room Journalist Award.

Council Member Arriola stated he looked forward to seeing his Council colleagues at the National League of Cities next week and wished everyone a happy Saint Patrick’s Day.

Mayor Young acknowledged the City Clerk’s birthday.

Council Member Bedolla stated while he does support the conversation about how we can explore Americans for Disabilities, he shared an update that Ms. Sosoto was connected with Sergeant Richards and Chief Millington has directed staff to do windshield inspections for disability placards when time permits for ADA violations accordingly.

7. ADJOURNMENT – Time: 11:18 p.m.

ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Arriola to adjourn. Roll call found Council Members Arriola, Bedolla, Evans and Mayor Young in favor; passed and so ordered. Mayor Pro Tem Davis absent.

The above agenda was posted at the Tracy City Hall on February 29, 2024. The above are action minutes. A recording is available at the office of the City Clerk.

____________________________
Mayor

ATTEST:

__________________________
City Clerk
March 19 , 2024
Agenda Item 1.B

RECOMMENDATION
Staff recomm
ends that City Council adopt a Resolution approving the 2024 Professional Services Agreement with Guidepost Solutions, LLC for the Security System Implementation for the City’s Water Facilities Project, CIP 75169, for the remaining scope of work for the Project, in a not-to-exceed amount of $35,706.88, with a term commencing January 1, 2024, and ending December 31, 2024.

EXECUTIVE SUMMARY
The City and Guidepost Solutions, LLC (Consultant) entered into a Professional Services Agreement (2023 PSA) for Security System Implementation for the City’s Water Facilities on February 7, 2023, under Resolution 2023-022 (Attachment C). On October 17, 2023, under Resolution 2023-211, City Council approved Amendment No. 1 to the Professional Services Agreement (Attachment B) increasing the not-to-exceed amount from $53,290 to $71,690 to provide additional scope of work needs, that included surveying, and extended the term of the agreement to December 31, 2023. The work under the 2023 PSA could not be completed before the term expired, therefore a new Agreement is required for the completion of the remaining scope of work.

The total compensation paid under the 2023 PSA was $35,983.12. The remaining balance of $35,706.88 of the 2023 PSA not-to-exceed amount will be allocated to a new 2024 Professional Services Agreement (2024 PSA) (Attachment A) for the remaining scope of work.

BACKGROUND
The City an
d Consultant entered into a PSA for the Security System Implementation for the City’s Water Facilities Project, CIP 75169, on February 7, 2023, pursuant to Resolution 2023-022. The 2023 PSA was for a not-to-exceed amount of $53,290. In July of 2023 it was identified that the scope of work needed to be amended to include an additional task due to a lack of design sets (as built) and the consultant was asked to perform this additional work. On October 17, 2023, City Council approved Amendment No. 1 to the 2023 PSA with the Consultant to modify the scope of work, increase the not-to-exceed amount to $71,690, and extend the term of the agreement through December 31, 2023.

On December 11, 2023, Amendment No. 1 was fully executed, however the additional scope and remaining tasks could not be completed prior to the end of the agreement term. Staff is requesting approval of a new Professional Services Agreement (2024 PSA) to allow the Consultant to complete the remaining design tasks started under the amended 2023 PSA.

ANALYSIS
The Securi
ty System design requires site surveys and/or record drawings at all water facilities for use in system design; however, many of the record drawings discovered were inaccurate or out of date, so additional site data collection and survey work is required. On Tuesday, July 11, 2023, Staff requested a proposal for the required additional work; and on July 24, 2023, the Consultant provided a proposal for the additional tasks and fees. The City Council approved Amendment No. 1 on October 17, 2023 (Resolution 2023-211), which increased the funding to complete this work Agenda Item 1.B
March 19, 2024

and extended the term of the 2023 PSA through December 31, 2023.

Consultant’s scope of work includes ongoing design and coordination tasks as well as providing design support during construction. The timeline for construction is not yet determined and work for that task will not begin until the construction contract is awarded for the security improvements.

Staff is recommending that City Council adopt a Resolution approving a new Professional Service Agreement (2024 PSA) with Guidepost Solutions, LLC. for the Security System Implementation for the City’s Water Facilities Project, CIP 75169, for the completion of the remaining scope of work, in a not-to-exceed amount of $35,706.88, for a term beginning January 1, 2024 and ending December 31, 2024.

FISCAL IMPACT
This item has no fiscal impact to the project. The Security System Implementation for City’s Water Facilities Project (CIP 75169) is an approved project in the adopted FY 2023-24 budget and is funded from
the Water Capital fund. CIP 75169 has an available project budget of $88,094.

PUBLIC OUTREACH/INTEREST
No publi
c outreach is required for this water operations item.

CEQA DE

TERMINATION
The project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301, which pertains to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing facility.

STRATEGIC PLAN
This
agenda item supports the City of Tracy’s Quality of Life Strategic Priority.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that City Council adopt a Resolution approving the 2024 Professional Services Agreement with Guidepost Solutions, LLC for the Security System Implementation for the City’s Water Facilities Project, CIP 75169, for the remaining scope of work for the Project, in a not-to- exceed amount of $35,706.88, with a term commencing January 1, 2024, and ending December 31, 2024.

Prepared by: Ilene Macintire, PE, Senior Civil Engineer Lea Emmons, Water Operations Superintendent
Reviewed by: Brian MacDonald, Interim Public Works Director Sara Cowell, Finance Director
Stephanie Reyna-Hiestand, Assistant Director of Utilities Karin Schnaider, Assistant City Manager
Bijal M. Patel, City Attorney
Approved by: Midori Lichtwardt, City Manager
ATTACHMENTS:

Attachment A – 2024 Professional Services Agreement with Guidepost Solutions, LLC Attachment B – Amendment No. 1 to the 2023 PSA with Guidepost Solutions, LLC Attachment C – 2023 Professional Services Agreement with Guidepost Solutions, LLC

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH

WITH GUIDEPOST SOLUTIONS LLC
This Professional Services Agreement ("2024 Agreement") is entered into between the City of Tracy, a municipal corporation ("City"), and Guidepost Solutions LLC, a Limited Liability Company ("Consultant"). City and Consultant are referred to individually as "Party" and collectively as "Parties." Recitals
A. City desires to retain the services of Consultant to complete the design services for security systems (as further described herein and in Exhibit A, the "Services") begun under a previously executed Professional Services Agreement (2023 PSA); and
B. On October 19, 2022, the City issued a Request for Proposals (RFP) for the Services. On November 9, 2022, Consultant submitted its proposal for the Services to the City. The City determined that the Consultant possessed the skills, and had demonstrated the competence and professional qualifications necessary for the satisfactory performance of the required services.

C. On February 7, 2023, after negotiations between the City and Consultant, the Parties entered into a Professional Services Agreement (2023 PSA) pursuant to Resolution 2023-022, for the performance of the Services, in a not-to-exceed amount of $53,290, in accordance with the terms set forth in the 2023 PSA.

D. On October 17, 2023, Amendment No. 1 to the 2023 PSA was approved, pursuant to Resolution 2023-211, to provide additional surveying tasks in the scope of work and increase the not-to-exceed amount to $71,690, and to extend the term of the agreement to December 31, 2023 E. On December 11, 2023, Amendment No. 1 was fully executed, however the additional scope and remaining tasks could not be completed prior to the end of the agreement term.

F. The City desires to retain the services of the Consultant, to complete the remaining design tasks started under the amended 2023 PSA.

G. This Agreement (2024 PSA) is being executed pursuant to Tracy Municipal Code section 2.20.180 and pursuant to Resolution No. ____ , which was adopted by the City Council for the City of Tracy on March 19, 2024.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the Services, which includes the services described in Exhibit "A" attached hereto and incorporated herein by this reference. The scope of work shall include the outstanding work that was not completed prior to the expiration of the previous agreement for the project, that was due to missing or incomplete City records of the facilities in the Project. The Services shall be performed by, or under the direct supervision of, Consultant's "Authorized Representative":

Edward Batchelor, Executive Vice President. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any
of the personnel listed in Exhibit "A," nor shall
Consultant use or replace any subcontractor or subconsultant, without the City's prior written consent which shall not be unreasonably withheld. The City may terminate this Agreement if Consultant makes

Attachment A
Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC
'
any such change or uses or replaces any such subcontractor or subconsultant without seeking such consent.

2. Time of Performance. Time is of the essence in the performance of the Services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Services no later than the dates set forth in Exhibit "A." Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit "A" indicates that Services shall only be performed upon request, or if the City otherwise communicates the same to Consultant, Consultant shall not perform said Services until the City requests such performance. Consultant shall submit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. The City may grant or deny
such requests in its sole and absolute discretion.

2.1 Term. The term of this Agreement shall begin the date this Agreement is last executed and end once the City confirms that all Services were performed to the City's satisfaction, unless terminated in accordance with Section 6. This Agreement shall not be extended except pursuant to a writing signed by both Parties.

3. Compensation. City shall pay Consultant on a time and expense basis for Services performed under this Agreement at the billing rates set forth in Exhibit "B," which is attached hereto and incorporated herein by this reference.

3.1 Not to Exceed Amount. Consultant's total compensation under this Agreement shall not exceed $35,706.88 dollars. Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated. Unless specifically stated otherwise or agr�ed to in writing, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is understood and agreed that Consultant may not receive compensation up to the "not-to-exceed" amount (or any other amount), and Consultant's total compensation under this Agreement will depend on the scope of the Services requested and approved by the City. Consultant's billing rates shall cover all costs and expenses for Consultant's performance of this Agreement. No work shall be performed by Consultant in excess of the "not-to-exceed" amount provided in this section without the City's prior written approval.

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe in detail satisfactory to the City: the services performed, the times and dates of performance, and the names of the person(s) performing the Services.

3.2.1 If Consultant is providing Services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City's designated development application number.

3.2.2 Consultant's failure to submit invoice(s) in accordance with this Section may result in the City rejecting said
invoice(s) and thereby delaying payment to Consultant.

3.3 Payment. Within 30 days after the City's receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.

Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC

3.4 Final Payment. The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant's services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information proviped and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.

3.5 Books and Accounts. Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant's obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant's work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties,
claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or nature, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees and court costs ("Claims") arising directly or indirectly from or out of (including any and all related costs and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consultant's obligations under this Agreement; and/or Consultant's breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, "City" means the City, its officials, officers, agents, employees and volunteers; "Consultant" means the Consultant, its employees, agents and subcontractors.

In the event there is a finding and/or determination that Consultant is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees' Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any and all Claims relating to or in connection with such a finding and/or determination. (The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code§ 2782.8.)
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either Party's termination of this Agreement.

The provisions of this section survive the expiration or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance.

5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of the Services under this Agreement at the minimum levels set forth herein.

Professional SeNices Agreement between:

The City of Tracy and Guidepost Solutions LLC

5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for "any auto") "claims made" coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

5.3 Workers' Compensation coverage shall be maintained as required by the State of California.

5.4 Professional Liability "claims made" coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured."

5.5.2 For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it.

5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5. 7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement and in any event, within five (5) days of such request. ,

5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

5.10 Consultant's Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

Professional Serviqes Agreement between:

The City of Tracy and Guidepost Solutions LLC

6. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days' written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant's possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date the termination notice is given.

7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;

7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested mediator with at least ten (10) years' experience in the field of law subject to the dispute to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

7.5 The Parties shall equally bear the costs of any third party mediator in any alternative dispute resolution process.

7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. If, for any dispute or claim to which this Section applies, any Party commences an action without first attempting to resolve the matter through the process set forth in this Section, or refuses to comply with this Section after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant's Services, upon termination of this Agreement, or within five (5) days of any demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City's prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City's employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.

Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC
Consultant, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant's employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.

9.1 Non-Exclusive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services as those described in Exhibit A. Nothing contained in this Agreement guarantees Consultant a ·certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City's needs.

10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant's conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To the City:

City of Tracy
Attn: Ilene Macintire, P.E.,
Senior Civil Engineer
- 3900 Holly Drive
Tracy, CA 95304
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

To Consultant:

Guidepost Solutions LLC
Attn: Edward Batchelor
Executive Vice President
260 Madison Ave Third Floor New
York, NY
10016

13.1 Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant's services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

Professional SeNices Agreement betwee·n:

The City of Tracy and Guidepost Solutions LLC

13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City's written consent. Any attempt to do so will be void.

City's consent to one assignment, transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation.

13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

13.6 Compliance
with the Law. Consultant shall comply with all applicable local, state, and federal laws, including,
without limitation, those identified below, whether or not such laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors
and subcontractors (§1777.1) and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed under this Agreement are part of a "public works" or "maintenance" project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer,
and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age.

Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13.7. Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is authorized to do business in California, in good standing with the Secretary of State, and in good standing with all agencies having jurisdiction over Consultant (including any licensing agencies). If Consultant is a suspended entity at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.

Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto and Consultant's proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant's proposal (if any), the Exhibits shall control.

13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed and the matters contemplated herein. This Agreement supersedes all prior negotiations, representations or agreements (in each case, whether oral or in writing). All exhibits attached hereto are incorporated by reference herein.

13.14 Counterparts. City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

13.15 Expenses for Enforcement. Consultant and City agree that the prevailing party's reasonable costs, attorneys' fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[Signature Page to Follow]

Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC
The Parties agree to the full performance of the terms set forth in this Agreement and have caused this Agreement to be duly executed.

City of Tracy, a Municipal Corporation
By: _________ _
Nancy D. Young
Title: Mayor
Date: _________ _
Attest:

Adrianne Richardson, City Clerk
Approved as to form:

Bijal M. Patel, City Attorney
Exhibits:

A
B
Scope of Work
Compensation

Guidepost Solutions LLC, a Limited Liability
Company
By: �&=..s Edward Batchelor
Title: Executive Vice President
Date: 3/6/24
Federal Employer Tax ID No. 80-0581535
Rev. September 2023
Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC
EXHIBIT A - Scope of Work
• Attend security system design coordination meetings with City staff to review the security requirements and to coordinate final security device locations, installation details and finish requirements.
• Document and coordinate the security system infrastructure requirements including security equipment layout and space requirement, IT network, 120 VAC power, electric door hardware and interfaces to other building systems such as required. • Check applicable codes, regulations, and restrictions governing the design. • Prepare security system design plans for the infrastructure improvements to be installed. The plans should include a security device symbols
legend, block diagrams, rough-in details,
equipment installation details and device location site/floor plans. • Prepare security system specifications including general conditions, functional and technical system and device requirements and execution requirements. • Evaluate Contractor bids for compliance with the construction documents and document the findings in a bid evaluation letter.
• Participate in meetings to review the bid evaluation letter. • Review the Contractor's prefabrication submittals.
• Participate in progress/coordination meetings during the security system installation • Conduct one system installation progress inspections per site and prepare field reports to document the results.
• Conduct final system acceptance testing and prepare a punch list to document results. • Review the security contractor's O&M and as-built documentation for accuracy.

Professional Services Agreement between:

The City of Tracy and Guidepost Solutions LLC
EXHIBIT B - Compensation
Compensation for completion of all items listed in Exhibit A shall be a not to exceed amount of $35,706.88.

Attachment B

Cityof Tracy -- ProfessionalServicesAgreementwithGuidepostSolutionsLLC

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH GUIDEPOST SOLUTIONS, LLC

FOR SECURITY SYSTEMS DESIGN AT CITY' S WATER FACILITIES This Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipalcorporation (City), andGuidepostSolutionsLLC, a LimitedLiabilityCompany (Consultant).

CityandConsultantare referredto individuallyas "Party" andcollectivelyas "Parties." Recitals
A. City desires to retain Consultant to provide design services for security services; and B. On October 19, 2022, the City issued a Request for Proposals (RFP) for the Security Assessment at City' s Water Facilities ( Project). On November 9, 2022, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.

C. After negotiationsbetweenthe Cityand Consultant, the Partieshavereachedan agreementfor the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. 2023- 0 1- 2- approved by Tracy City Council on February 7, 2023.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the services described in Exhibit " A" attached and incorporatedby reference. Theservicesshallbeperformedby, or underthe directsupervisionof, Consultant' s Authorized Representative: David Rickerson. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit "A," nor shall Consultantuseor replaceanysubcontractoror subconsultant, withoutCity's priorwrittenconsent. A failureto obtainthe City's priorwrittenconsentfor anychangeor replacementin personnelor subcontractor/subconsultant may result in the termination of this Agreement.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writingin accordancewith thisAgreement. Any servicesfor whichtimesfor performanceare not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timelymannerbaseduponthe circumstancesanddirectioncommunicatedto the Consultant.

Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1 Term. The term of this Agreement shall begin on February 8, 2023 and end on June 9, 2023, unless terminated in accordance with Section 6.

3. Compensation. City shall pay Consultant at the billing rates set forth in Exhibit " B," attached and incorporated by reference for services performed under this Agreement.

3. 1 Not to Exceed Amount. Consultant' s total compensation under this Agreement shall not exceed $ 53,290. Consultant's billing rates shall cover all costs and expenses for Consultant' s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City' s prior written approval.

Attachment C
Cityof Tracy — ProfessionalServicesAgreementwithGuidepostSolutionsLLC

3. 2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

3. 2. 1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City's designated development application number.

3. 2. 2 Consultant' s failure to submit invoice( s) in accordance with these requirements mayresultintheCityrejectingsaidinvoice(s) andtherebydelayingpaymentto Consultant.

3. 3 Payment. Within 30 days after the City's receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice( s) and approved by the City.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend with independentcounselapprovedbythe City), and holdharmlessthe Cityfromandagainstany claimsarisingoutofConsultant's performanceorfailuretocomplywithobligationsunderthis Agreement, exceptto the extentcausedbythe sole, activenegligenceor willful misconductof the City.

In this section, "City" means the City, its officials, officers, agents, employees and volunteers; Consultant" means the Consultant, its employees, agents and subcontractors; " Claims" includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all relatedcostsand expenses) and anyallegationsof these; and "Arisingout of includes "pertaining to" and " relating to".

Theduty of a "designprofessional" to indemnifyand defendthe Cityis limitedto claimsthat ariseout of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782. 8.)
The provisions of this section survive completion of the services or the termination of this Agreement, andare notlimitedbythe provisionsof Section5 relatingto insurance.

5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5. 1 Commercial General Liability ( with coverage at least as broad as ISO form CG 00 01 01 96) " per occurrence" coverage shall be maintained in an amount not less than $ 4,000, 000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5. 2 Automobile Liability (with coverageat leastas broadas ISOformCA 00 01 07 97, for any auto") " claims made" coverage shall be maintained in an amount not less than $ 1, 000, 000 per accident for bodily injury and property damage.

5. 3 Workers' Compensation coverage shall be maintained as required by the State of California.

5. 4 Professional Liability "claimsmade" coverageshallbe maintainedto coverdamages thatmaybetheresultoferrors, omissions, ornegligentactsofConsultantinanamountnotlessthan 1, 000, 000 per claim.

5. 5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5. 5. 1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional " insured."

5. 5. 2 Foranyclaimsrelatedto this Agreement, Consultant's coverageshallbeprimary insurancewith respectto the City. Any insurancemaintainedby the Cityshallbe excessof the Consultant' s insurance and shall not contribute with it.

Cityof Tracy -- ProfessionalServicesAgreementwith GuidepostSolutionsLLC

5. 6 Notice of Cancellation. Consultantshallnotifythe Cityifthe policyis canceledbefore the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5. 7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insuranceorganizationsauthorizedby the InsuranceCommissionerof the Stateof Californiato transact the business of insurance in the State of California.

5. 8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurancerequirementslistedaboveby providinga certificateof insuranceandendorsements, in a form satisfactory to the City, before the City signs this Agreement.

5. 9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no laterthan30dayspriortothepolicyexpirationdateof anyinsurancepolicyrequiredbythisAgreement.

5. 10 Consultant' s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (includingindemnityobligationsunderthisAgreement), andtheConsultantmaycarry, atits own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The CitymayterminatethisAgreementby givingten days' writtennoticeto Consultant. Upon termination, Consultant shall give the City all original documents, including preliminarydraftsandsupportingdocuments, preparedbyConsultantforthisAgreement. TheCity shallpayConsultantforallservicessatisfactorilyperformedinaccordancewiththisAgreement, upto the date notice is given.

7. DisputeResolution. IfanydisputearisesbetweentheCityandConsultantthatcannotbe settledafterengagingingoodfaithnegotiations, CityandConsultantagreeto resolvethedisputein accordance with the following:

7. 1 EachPartyshalldesignatea seniormanagementorexecutivelevelrepresentativeto negotiate the dispute;

7. 2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7. 3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementionedprocessfails, the Partiesshallresolveanyremainingdisputesthroughmediationto expedite the resolution of the dispute.

7. 4 The mediation process shall provide for the selection within fifteen ( 15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen ( 15) days from the commencement of the mediation.

7. 5 The Partiesshallequallybearthe costsof anythird partyin any alternativedispute resolution process.

7. 6 The dispute resolution process is a material condition to this Agreement and must be exhaustedpriorto eitherPartyinitiatinglegalaction. Thisdisputeresolutionprocessisnotintendedto nor shallbeconstruedto changethetime periodsfor filinga claimor actionspecifiedby Government Code §§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whethercompleteor in progress, arethe propertyof the City, and shallbegivento the Cityat the completion of Consultant's services, or upon demand from the City. No such documents shall be revealedor madeavailableby Consultantto anythird partywithoutthe City's priorwrittenconsent.

Cityof Tracy — ProfessionalServicesAgreementwith GuidepostSolutionsLLC

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultantis notCity's employeeand Consultantshallhaveno authority, expressor implied, to act on behalfof the Cityas an agent, orto bindthe Cityto anyobligation, unlessthe Cityprovidespriorwritten authorization. Consultant is free to work for other entities while under contract with the City.

Consultant, and its agents or employees, are not entitled to City benefits.

10. Conflicts of Interest. Consultant ( including its employees, agents, and subconsultants) shall notmaintainor acquireanydirector indirectinterestthat conflictswith the performanceof this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant's conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration eitherpromisedor paidto anyCityofficialor employee. Forbreachof this warranty, Cityshallhavethe right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the workactuallyperformed; ortodeductfromthecontractprice; orotherwiserecoverthefullamountof such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizesshallbe inwritingand shallbe personallydeliveredor mailedto the otherpartyto the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City:

Director Operations & Utilities
520 N. Tracy Blvd
Tracy, CA 95376
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376
To Consultant:

Guidepost Solutions LLC
2121 N California Blvd., Suite 800
Walnut Creek, CA 94596

13. Miscellaneous.

13. 1 Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant's services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13. 2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13. 3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuingwaiveror a waiverof a subsequentbreachof thesameor anyotherprovisionof this Agreement.

Cityof Tracy -- ProfessionalServicesAgreementwith GuidepostSolutionsLLC

13. 4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreementor anyportionof it withoutthe City's writtenconsent. Any attemptto do so will bevoid.

City's consentto one assignmentshallnot bedeemedto be a consentto anysubsequentassignment.

13. 5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreementshallbegovernedby and construedunderthe lawsof the Stateof California. Any suit, claim, or legalproceedingof any kindrelatedto this Agreementshallbefiled andheardin a courtof competent jurisdiction in the County of San Joaquin.

13. 6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Consultantis awareof the requirementsof California LaborCodeSection1720, et seq., and 1770, et seq., as well as CaliforniaCodeof Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates; employment of apprentices (§ 1777. 5), certified payroll records (§ 1776), hours of labor (§ 1813 and 1815), debarment of contractors and subcontractors (§ 1777. 1) and the performance of other requirements on public works and "maintenance" projects. If the services being performed under this Agreement are part of a "public works" or "maintenance" project, as defined in the Prevailing Wage Laws, and if the total compensation is $ 1,000 or more, Consultant agrees to fully comply with such PrevailingWageLaws. Theseprevailingratesareon filewith the Cityand areavailableonlineat http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of anyfailureor allegedfailureto complywith the PrevailingWageLaws.

13. 6.2 Non- discrimination. Consultant represents and warrants that it is an equal opportunityemployerandit shallnotdiscriminateagainstanysubconsultant, employeeorapplicantfor employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Consultantshallalsocomplywith all applicableanti -discriminationfederalandstatelaws, includingbut not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a -f) et seq.).

13. 7 Business Entity Status. Consultantis responsiblefor filingall requireddocuments and/or formswith the CaliforniaSecretaryof Stateand meetingall requirementsof the FranchiseTax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it entersthisAgreement, City maytakestepsto havethis Agreementdeclaredvoidable.

13. 8 Business License. Before the City signs this Agreement, Consultant shall obtain a City ofTracyBusinessLicense. ConsultantshallmaintainanactiveCityofTracyBusinessLicenseduring the term of this Agreement.

13. 9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participatein thedraftingof thisAgreementand/orto consultwith legalcounsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13. 11 Severability. If a term of this Agreementis heldinvalidby a courtof competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13. 12 Controlling Provisions. In the caseof anyconflictbetweenthe termsof this Agreement and the Exhibits hereto, and Consultant's proposal (if any), the Agreement shall control. In thecaseofanyconflictbetweentheExhibitsheretoandtheConsultant's proposal (if any), theExhibits shall control.

13. 13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integratedunderstandingbetweenthe Partiesconcerningthe servicesto be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

Cityof Tracy — ProfessionalServicesAgreementwithGuidepostSolutionsLLC

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrantthattheyhavetheright, power, legalcapacityandauthoritytoenterintoandto executethis Agreement on behalf of Consultant.

SIGNATURES ON FOLLOWING PAGE]

Cityof Tracy — ProfessionalServicesAgreementwithGuidepostSolutionsLLC The Parties agree to the full performance of the terms set forth here. of Tr cy
0 By: Nancy D. oung
Title: Mayor
Date:

Att
1 Adnan e Richardson; ity Clerk
Approved as to form:

BVI M. Patel, City Attofney
Consultant
Guidepost Solutions,
Company
LLC, a Limited Liability
By: Nicholas Heywood
Title: Associate Vice President - Technology Design
Date: 01/ 09/ 2023
Federal Employer Tax ID No. 80- 0581535
Exhibits:

A Scopeof Work, includingpersonnelandtime of performance (SeeAgreementsections1 and 2.)
B Compensation ( See Agreement section 3.)

Cityof Tracy -- ProfessionalServicesAgreementwith GuidepostSolutionsLLC EXHIBIT A - Scope of Work
Attendsecuritysystemdesigncoordinationmeetingswith Citystaffto reviewthe security requirementsandto coordinatefinal securitydevicelocations, installationdetailsandfinish requirements.

Documentandcoordinatethe securitysysteminfrastructurerequirementsincludingsecurity equipment layout and space requirement, IT network, 120 VAC power, electric door hardware and interfaces to other building systems such as required.

Check applicable codes, regulations, and restrictions governing the design.

Preparesecuritysystemdesignplansfortheinfrastructureimprovementsto beinstalled. The plansshouldincludea securitydevicesymbolslegend, blockdiagrams, rough -in details, equipment installation details and device location site/ floor plans.

Preparesecuritysystemspecificationsincludinggeneralconditions, functionalandtechnical system and device requirements and execution requirements.

Evaluate Contractor bids for compliance with the construction documents and document the findings in a bid evaluation letter.

Participate in meetings to review the bid evaluation letter.

Review the Contractor' s prefabrication submittals.

Participate in progress/coordination meetings during the security system installation Conduct one system installation progress inspections per site and prepare field reports to document the results.

Conduct final system acceptance testing and prepare a punch list to document results.

Reviewthe securitycontractor's O&M and as -builtdocumentationfor accuracy.

Cityof Tracy -- ProfessionalServicesAgreementwithGuidepostSolutionsLLC EXHIBIT B — Compensation
Compensation for completion of all items listed in Exhibit A shall be a not to exceed amount of $53,290.

APPROVED AS TO FORM AND LEGALITY
________________________

CITY ATTORNE
Y’S OFFICE

TRACY CITY COUNCIL

RESOLUTION
NO. _______________

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
GUIDEPOST SOLUTIONS, LLC. FOR THE SECURITY SYSTEM
IMPLEMENTATION FOR THE CITY’S WATER FACILITIES PROJECT, CIP 75169, FOR THE REMAINING SCOPE OF WORK FOR THE PROJECT, IN A NOT-TO-EXCEED AMOUNT OF $35,706.88, WITH A TERM COMMENCING ON JANUARY 1, 2024 AND ENDING DECEMBER 31, 2024
WHEREAS, On October 19, 2022, the City issued a Request for Proposals (RFP) for the Security System Design at the City’s Water Facilities (Project); and WHEREAS, On November 9, 2022, Guidepost Solutions LLC. ( Consultant) submitted its proposal for the Project to the City. The City determined that Consultant possessed the skills, experience and certification required to provide the services; and WHEREAS, The City and Consultant entered into a Professional Services Agreement (2023 PSA) for the Project on February 7, 2023, pursuant to Resolution 2023-022, with a not-to- exceed amount of $53,290; and
WHEREAS, The Project required site surveys or record drawings at all water facilities for use in system design; however, many of the City record drawings are inaccurate or out of date, so additional site data collection and survey work is required; and WHEREAS, On Tuesday, June 27, 2023, staff requested a proposal for the required additional work. On July 24, 2023, the Consultant provided a proposal for the additional tasks and fees; and
WHEREAS, On October 17, 2023, City Council approved Amendment No. 1 to the 2023 PSA with the consultant, pursuant to Resolution 2023-211, to extend the term of the Agreement through December 31, 2023, and increase the not-to-exceed amount to $71,690; and WHEREAS, the Consultant’s proposal included on going coordination and a task to provide design support during construction, however, the timeline for construction is not yet determined and w
ill not begin until the construction contract is awarded for the security improvements, and all tasks could not be completed by the end of the 2023 PSA term; and WHEREAS, The City and Consultant now seek to enter into a new Professional Services Agreement (2024 PSA), for the remaining project scope of work, in a not -to-exceed amount of $35,706.88,
with a term commencing on January 1, 2024 and ending December 31, 2024; now therefore, be it
RES
OLVED: That the above recitals are true and correct and are hereby incorporated herein as findings and determinations of the City; and be it Resolution 2024-

FURTHER RESOLVED: That the City Council of the City of Tracy her eby approves a Professional Services Agreement with Consultant; and be it FURTHER RESOLVED: The City, after review and approval by the City Attorney’s office, may execute the Agreement and take any and all further actions to effectuate the purposes of this Resolution; and be it
FURTHER RESOLVED: That this resolution takes effect immediately upon its adoption.

The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on the 19th of March 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
____________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
March 19, 2024

Agenda Item 1.C

RECOMMENDATION

Adopt a Resolution amending the City’s Conflict of Interest Code to add and remove designated City Officers and employee classifications, as required by the California Political Reform Act.

EXECUTIVE SUMMARY

This item requests that the City Council amend the City’s Conflict of Interest Code to add the following positions: Chief Innovation Officer, Assistant Director of Operations, Assistant Director of Utilities, Assistant City Engineer, and Assistant Director of Parks, Recreation and Community Services. The proposed amendment would also remove Director of Operations and Utilities. The noted positions are new positions that have been added to the City’s Classification Plan since the City Council’s last update of the Conflict of Interest Code.

BACKGROUND AND LEGISLATIVE HISTORY
The California Political Reform Act of 1974 (Government Code Section 87200 et seq.), requires public agencies to adopt a local Conflict of Interest Code that designates which City employee classifications must file a statement of economic interests form (“Form 700”) given their position and the likelihood of influencing decisions where they have an economic interest at stake. Cities are required to review their codes on a biennial basis, which should be conducted in even numbered years to ensure that the code reflects the organization’s current staffing. The City last updated its Conflict of Interest Code on February 1, 2022 via Resolution No. 2022-009.

ANALYSIS

Persons holding positions listed in Government Code Section 87200 are considered “statutory filers” and are already required to file Statement of Economic Interests. These positions include elected and appointed officials, City Manager, City Attorney, Planning Commissioners, candidates and persons who manage public investments. The California Political Reform Act further requires that public agencies review their Conflict of Interest Code every two years to determine whether any revisions are needed.

The attached Conflict of Interest Code (Appendix II) lists designated City officers and classifications existing as of today’s date and their respective categories of financial interests which must be disclosed in order to comply with State law and regulations established by the Fair Political Practices Commission. This disclosure is intended to avoid conflicts of interest which could influence the decision making of City officials and employees. Also attached is the Disclosure Categories (Appendix I).

Organizational changes have occurred since the last update. This item requests that the City Council amend Appendix II of the City’s Conflict of Interest Code to add the following positions:

Chief Innovation Officer, Assistant Director of Operations, Assistant Director of Utilities, Assistant City Engineer, and Assistant Director of Parks, Recreation and Community Services. The proposed amendment would also remove Director of Operations and Utilities.

Agenda Item 1.C
March 19, 2024

FISCAL IMPACT
There is no fiscal impact associated with this report.

STRATEGIC PLAN
This item is a routine operational item and does not relate to any of the Council’s strategic plans.

RECOMMENDATION
Adopt a Resolution amending the City’s Conflict of Interest Code to add and remove designated City Officers and employee classifications, as required by the California Political Reform Act.

Prepared by: Adrianne Richardson, City Clerk
Reviewed by: Kimberly Murdaugh, Interim Assistant City Manager Bij
al Patel, City Attorney
Approved by: Midori Lichtwardt, City Manager

ATTACHMENT
Attachment A: Appendix I – Disclosure Categories
Attachment B: Appendix II – Designated Positions and Assigned Disclosure Categories

Appendix I

CONFLICT OF INTEREST STATEMENTS
Disclosure Categories

Category 1 - All designated employees in this category shall disclose all sources of income, investments, interests in real property, and business positions required to be disclosed of those public officials named in Government Code section 87200.

Category 2 - All designated employees in this category shall disclose all sources of income, investments and business entities in which the designated employee holds a management position if the business entity engages in land development; construction; the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing and other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.

Category 3 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the City of Tracy to provide services, supplies, materials, machinery or equipment.

Category 4 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee's department.

ATTACHMENT A
Appendix II

CITY OF TRACY CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS AND ASSIGNED DISCLOSURE CATEGORIES Government Code section 87200 requires certain City officials and employees (Council Members, Planning Commissioners, City Attorney, City Manager, and City Treasurer) to file “Statement of Economic Interests.” The following City officials, employees and consultants listed below are required, pursuant to Government Code section 87302 to file Statements of Economic Interests:

Designated Positions Disclosure Category
Governing Bodies/Commissions
*Mayor 1
*City Council Members 1
*Planning Commission 1
Board of Appeals 1
Environmental Sustainability Commission 1
Tracy Arts Commission 1
Transportation Advisory Commission 1
Parks and Community Services Commission 1
Measure V Residents’ Oversight Committee 1
City Employees
Director of Finance 1
Airport Manager 1
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 3,4
City Engineer 1
Assistant City Engineer 1
Budget Officer 3,4
Building Official 1
*City Attorney 1
City Clerk 3,4
*City Manager 1
*City Treasurer 1
Deputy City Attorney I/II 1
Director of Community and Economic Development
Services
1 Assistant Director of Development Services 1
Economic Development Manager 1
Cultural Arts Division Manager 3,4
Human Resources Director 4
Attachment B
Appendix II

Human Resources Manager 4
Chief Innovation Officer 1
IT Manager 1
Accounting Manager 1
Parks Planning and Development Manager 2,3,4
Director of Parks, and Recreation and Community
Services
1 Assistant Director of Parks, Recreation, and Community Services
1 Police Chief 1
Police Captain 3,4
Police Support Operations Manager 3,4
Public Works Director 1
Public Works Superintendent 3
Transit Manager 3,4
Director of Operations and Utilities 1
Assistant Director of - Operations 1
Assistant Director of - Utilities
Senior Civil Engineer 1
Water Resource & Compliance Manager 3,4
Community Preservation Manager 3,4
Recreation Services Manager 3,4
Designated Positions Disclosure Categories
Consultants
Disclosure requirements will be determined on a case-
by-case basis using the criteria contained in the
Regulations of the Fair Political Practices Commission.

Legal Consultant 3,4
*These positions required to file pursuant to Government Code section 87200

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE

TRACY CI

TY COUNCIL
RESOL
UTION NO. _______________
AMENDI
NG THE CITY’S CONFLICT OF INTEREST CODE TO ADD AND REMOVE

DESIGNATED CITY OFFICERS AND EMPLOYEE CLASSIFICATIONS AS

REQUIRED BY THE CALIFORNIA POLITICAL REFORM ACT
WHEREAS, The Political Reform Act, Government Code section 81000 et seq., requires state and local government agencies to adopt and promulgate a Conflict of Interest Code that designates the disclosure filing requirements for officials and employment positions that are involved in making or participating in making of governmental decisions; and WHEREAS, The Conflict of I nterest Code currently in effect for the City of T racy was adopted by the City Council through Resolution No. 2022-009; and WHEREAS, Government Code Section 87306.5 requires the City to review and revise this code biennially in even numbered years; and
WHEREAS, Organizational changes have occurred since the last update; and WHEREAS, More specifically, since the last update, the following new positions have been added: Chief Innovation Officer, Assistant Director of Operations, Assistant Director of Utilities, Assistant City Engineer, and Assistant Director of Parks, Recreation and Community Services; and the following position has been removed: Director of Operations and Utilities; and WHEREAS, The proposed additions and deletions are reflected in the amended Appendix II attached as Attachment B; now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy hereby
Replaces A
ppendix II of the City of Tracy Conflict of Interest Code, with the new Appendix II shown on Attachment B.
* * * * * * * * * *
* * * *
Resolution 2024-

The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on the 19th day of March, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:

___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California

ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
March 19, 2024
Agenda Item 1.D

RECOMMENDATION
Staff recommends that the City Council adopt a resolution 1) accepting a $443,429 grant from the State Water Resources Control Board for the California Extended Water and Wastewater Arrearage Payment Program; and 2) appropriating the full grant funds to the Water and Wastewater funds to be applied as credits against residential and commercial water and wastewater arrearages.

EXECUTIVE SUMMARY
The State Water Resources Control Board, using federal American Rescue Plan Act (ARPA) funds, has allocated $443,429 to the City of Tracy (City) for the California Extended Water and Wastewater Arrearage Program (Program). The funding will provide utility bill relief for residential and commercial water and wastewater customers’ unpaid past due balances. This item requests that the City Council accept such grant funds and appropriate them to the Program.

BACKGROUND
The City provides utility services including water, wastewater, solid waste, and storm drain services to its citizens. During the COVID-19 pandem ic, many utility customers faced hardships making
it difficult for them to continue paying their utility bill. The Finance Department has
taken steps to assist customers having difficulty paying their utility bills. In June 2020, the City Council approved the use of $15,000 of Community Development Block Grant (CDBG)
CARES Act funds for utility billing relief to eligible City utility customers as a bill credit. Those CDBG funds for utility billing relief have been exhausted. During the pandemic, the Finance Department waived late fees, offered the Low-Income Rate Assistance program (LIRA), offered payment plans and paused the disconnection of water for non-payment. In December 2021, the City Council authorized the acceptance of $706,680 Program grant funds from the State Water Resources Control Board that provided bill credits to past due residential and commercial drinking water customers. On February 1, 2022, the City Council appropriated $760,000 in ARPA funds that also provided bill credits to past due solid waste and storm drain customers. And on May 3, 2022, the City Council authorized acceptance of $495,735 in additional grant funds from the State Water Resources Control Board for the Program that provided bill credits to past due residential and commercial wastewater customers.

At its peak, the City had $2.3 million dollars in past due balances from both water and wastewater customers. As of February 2024, the total dollar amount of utility accounts more than 60
days past due is approximately $775,000.

ANALYSIS
The City will apply $430,514 of the grant funding as a bill credit to 1,130 residential and commercial customers’ water and wastewater portion of the utility bills for charges dating June 16, 2021 through December
31, 2022. The remaining $12,915 will be used for
Agenda Item 1.D
March 19, 2024

administrative costs associated with administrating the program. Upon acceptance of these grant funds,
the City will have received and applied over $2.4 million dollars in utility billing assistance to eligible customers
over the last two years.

CDBG Utility Assistance Program $15,000
California Water Arrearage Program Grant $706,680
Solid Waste and Storm Drain Arrearage - ARPA Grant $760,000 California Wastewater Arrearage Program Grant $495,735
California Extended Water and Wastewater Arrearage Program Grant $443,429 Total Utility Assistance given through bill credit grant programs $2,420,844 Previous funding received by the City provided bill credits for charges incurred March 4, 2020 through June 15, 2021, which greatly assisted customers impacted by the COVID-19 pandemic. As
additional funds have become available, the State Water Resources Control Board has
authorized an extended grant program to provide relief to customers with arrearages
for the period of June 16, 2021 through December 31, 2022.

Customers receiving a bill credit will receive a targeted mailing to notify them of the bill credit and that
they will have the option to sign up for a six-month payment plan for any remaining past due balance
. Customers must sign up for the payment plan within thirty days of being notified of the bill
credit to avoid service impacts for unpaid account balances.

FISCAL IMPACT
No additional fiscal impact will occur, as staff recommends utilizing the full amount of the $443,429 grant funds that the City will receive from the California Extended Water and Wastewater A
rrearage Payment Program through the State Water Resources Control Board using Federal American Rescue Plan Act ARPA funds.

STRATEGIC PLAN
This agenda item supports the City of Tracy’s Governance priority, which is to enhance fiscal stability, retain and
attract new talent, improve the use of technology; and enhance transparency for the
betterment of the Tracy community.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution 1) accepting a $443,429 grant from the State Water Resources Control Board for the California Extended Water and Wastewater Arrearage Payment Program; and 2) appropriating the full grant funds to the Water and Wastewater funds to be
applied as credits against residential and commercial
water and wastewater arrearages.

Prepared by: Sara Cowell, Director of Finance
Reviewed by: Bijal Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved by: Midori Lichtwardt, City Manager

APPROVED

AS TO FORM AND LEGALITY
________________________
CITY A
TTORNEY’S OFFICE

TRACY CIT

Y COUNCIL

RESOLUTI
ON NO. _______________
1) ACCEPTING A $443,429 GRANT FROM STATE WATER RESOURCES

CONTROL BOARD FOR THE CALIFORNIA EXTENDED WATER AND
WASTEWATER ARREARAGE PAYMENT PROGRAM; AND 2)

APPROPRIATING THE FULL GRANT FUNDS TO THE WATER AND

WASTEWATER FUNDS TO BE APPLIED AS CREDITS AGAINST

RESIDENTIAL AND COMMERCIAL WATER AND WASTEWATER

ARREARAGES
WHEREAS, The California Extended Water and Wastewater Arrearage Payment Program was established by the State Water Resource Control Board through Federal American Rescue Plan Act (ARPA) funds to provide funding for residential and commercial wastewater arrearages; and
WHEREAS, The City of Tracy (City) is eligible to receive an allocation in the amount of $443,429; and
WHEREAS, The City will apply the $430,514 of the funding to 1,130 residential and commercial customers’ wastewater portion of the utility bills past due balances for charges dating June 16,
2021 through December 31, 2022; and
WHEREAS, The City will apply the remaining $12,915 to be used for administrative costs associated with administering the program, including target mailing to customers with outstanding balances; and
W
HEREAS, Staff recommends City Council accept the California Extended Water and Wastewater Payment Arrearage Program grant and appropriate the full amount of the grant funds to the Water and Wastewater funds; and now therefore be it RESOLVED: That the City Council of the City of Tracy hereby accepts the $443,429 grant award from the State Water Resources Control Board for the California Extended Water and Wastewater Arrearage Payment Program; and be it further

RESOLVED
: That the Cit y Council appropriates the full amount of the grant funds to the Water and Wastewater funds to be applied as credits against residential and commercial wastewater arrearages incurred during the bill relief period. * * * * * * * * * * * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on March 19, 2024, by
the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Resolution 2024-

March 19, 2024
Agenda Item 1.E

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (1) accepting the construction for the Slurry Seal Project, FY21-22, CIP 73184, (Project) completed by American Asphalt Repair & Resurfacing Co., Inc., of Hayward, California, (2) authorizing the City Clerk to file the Notice of Completion with the San Joaquin County Recorder’s Office, (3) authorizing the City Engineer to release the bonds and retention payment in accordance with State law; and (4) authorizing the Finance Department to close the Project.

EXECUTIVE SUMMARY
City staff requests that the City Council accept the construction for the Slurry Seal Project, FY21-22, CIP 73184, completed by American Asphalt Repair & Resurfacing Co., Inc. (Contractor). Project costs are w ithin the available budget and work was completed in a timely manner and in accordance with plans and specifications as approved. Staff recommends that the City Council accept this Project as complete.

BACKGROUND AND LEGISLATIVE HISTORY
CIP 73184 is part of the Annual Street Improvement Program (Program) and consists of slurry seal of approximately 5.8 centerline miles of roadway in the subdivisions of Sienna Park Unit 1, Hearthstone Units 2 and 3, Parkside Esta tes Units 1, 2 and 3, Ironwood and Muirfield Unit 3, in the residential neighborhood enclosed by Sycamore Parkway to the east, Corral Hollow Road to the west, Dove Drive to the south and Summertime Drive to the north. This Project included pavement repair, asphalt grinding, asphalt concrete paving, signage and striping.

The purpose of the Program is to improve and maintain the Pavement Condition Index (PCI) of various streets within the City of Tracy. Slurry seal is a preventive maintenance treatment that prolongs the life of asphalt at a fraction of the cost when compared to full pavement structural repair. Street selections for slurry seal maintenance were based on life-cycle and cost benefit analysis using the City’s Pavement Management Program (PMP) and coordinated with the Operations Division of the City’s Operations and Utilities Department.

Engineering staff prepared the plans and specifications and advertised the Project for competitive bids on December 16, 2022, and December 23, 2022. Bids were received and opened via teleconference on January 10, 2023, at 2:00 p.m. Bid analysis indicated that the lowest monetary bid is responsive, and the Contractor was responsible. Further, the Contractor had the appropriate contractor’s license in active standing with the State of California and had completed similar projects within the City of Tracy.

On March 21, 2023, the City Council awarded, by Resolution No. 2023-052, the Slurry Seal Project, FY21-22, CIP 73184, to American Asphalt Repair & Resurfacing Co, Inc., with a not-to- exceed construction project budget of $880,812 and authorized the City Manager to approve change orders up to the contingency amount of $76,158 if needed.

Agenda Item 1.E
March 19, 2024

ANALYSIS
The Contractor has now completed all the work
required in accordance with the plans and
specifications and City staff is request ing acceptance of the Proj ect. The City Engineer has inspected the
completed work and confirmed that all work conforms to the contract plans and specifications and has been completed within the time frame of the original contract.

The Contract
or provided a one-year Warranty Bond, a Payment Bond, and a Performance Bond with the contract documents after contract award. Once the Project has been accepted by the City Council, the City Engineer will release the Payment Bond and Performance Bond in accordance with State law. The City Engineer will release the Warranty Bond when the warranty period expires one year after Project acceptance in accordance with State law.

FISCAL IMPACT
The Slurry Seal Project, FY21-22, CIP 73184, is an approved Capital Improvement Project (CIP) with an approved budget of $1,939,800. The total completed cost is $790,785, and was funded through Measure K (F242), Gas Tax (F245), and SB1 RMRA (F248 Road Maintenance and Rehabilitation Account) Funds.

Final Project costs were within budget as f ollows:

A. Construction Contract Amount $ 751,695
B. Approved Change Orders $ -
C. Design, construction management, inspection, testing & miscellaneous project management expenses $ 39,090
Total Project Costs $ 790,785
Total Budget Amount $ 1,939,800
Budget Remaining $ 1,149,015
The remaining bal
ances in the Project will be released back into the Measure K, Gas Tax, and SB1 RMRA Funds as follows:

Funding Source Budget Expenses Balance
242 - Measure K $ 1,096,200 $ 751,695 $ 344,505 245 - Gas Tax $ 270,000 $ - $ 270,000
248 - SB1 $ 573,600 $ 39,090 $ 534,510
Totals $ 1,939,800 $ 790,785 $ 1,149,015

PUBLIC OUTREACH / INTEREST
Public Outr
each was conducted by City Staff to adjacent residents to notify them of the work and interruptions during the life of the construction project.

Agenda Item 1.E
March 19, 2024

COORDINATION
Coordinat
ion between the Engineering Division and Maintenance and Operations Division was conducted, as well as coordination with the Tracy Unified School District.

CEQA DETERMINATION
The Projec
t is categorically exempt from CEQA (California Environmental Quality Act) pursuant to CEQA Guidelines Section 15301, which pertains to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing facility.

STRATEGIC PLAN
This agenda
item supports the City of Tracy’s Quality of Life Strategic Priority.

ACTION REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council, by resolution, (1) accept the construction for the Slurry Seal Project, FY21-22, CIP 73184, (Project), completed by American Asphalt Repair & Resurfacing Co., Inc. of Hayward, California, (2) authorize the City Clerk to File the Notice of Completion with the San Joaquin County Recorder’s Office, (3) authorize the City Engineer to release the bonds and retention payment in accordance with State law; and (4) authorize the Finance Department to close the Project.

Prepared
by: Leisser P. Mazariegos, Associate Engineer
Review
ed by: Koosun Kim, PE, City Engineer
Sara Cowell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved
by: Midori Lichtwardt, City Manager

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE

TRACY CI

TY COUNCIL
RESOL
UTION 2024-_____
(1) ACCEP

TING THE CONSTRUCTION FOR THE SLURRY SEAL PROJECT
FY21-22, CIP 73184, (PROJECT), COMPLETED BY AMERICAN ASPHALT REPAIR & RESURFACING CO., INC. OF HAYWARD, CALIFORNIA, (2)

AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE SAN JOAQUIN COUNTY RECORDER’S OFFICE, (3) AUTHORIZING

THE CITY ENGINEER TO RELEASE THE BONDS AND RETENTION PAYMENT IN ACCORDANCE WITH STATE LAW; AND (4) AUTHORIZING THE FINANCE DEPARTMENT TO CLOSE THE PROJECT.

WHEREA
S, this Project is part of the City’s annual street improvement program (Program) and consists of slurry seal of approximately 5.8 centerline miles of roadway in the subdivisions of Sienna Park Unit 1, Hearthstone Units 2 and 3, Parkside Estates Units 1, 2, and 3, Ironwood, and Muirfield Unit 3, in the residential neighborhood enclosed by Sycamore Parkway to the east, Corral Hollow Road to the west, Dove Drive to the south, and Summertime Drive to the north; and
WHEREA
S, the Project includes pavement repair, asphalt grinding, asphalt concrete paving, signage, and striping; and
WHEREA
S, the purpose of this program is to improve and maintain the Pavement Condition Index (PCI) of various streets within the City of Tracy; and WHEREA
S, slurry seal is a preventive maintenance treatment that prolongs the life of asphalt at a fraction of the cost when compared to full pavement structural repair; and WHEREA
S, street selections for slurry seal maintenance were based on life-cycle and cost-benefit analysis using the City’s Pavement Management Program (PMP) and coordinated with the Operations Division of the City’s Operations and Utilities Department; and WHEREA
S, engineering staff prepared the plans and specifications and advertised the project for competitive bids on December 16, 2022, and December 23, 2022. Bids were received and publicly opened in City Hall Conference Room 203 and via Teleconference at 2:00 p.m. on Tuesday, January 10, 2023; and
WHEREA
S, on March 21, 2023, the City Council awarded, by Resolution No. 2023-052 the Slurry Seal Project, FY21-22, CIP 73184, to American Asphalt Repair & Resurfacing Co., Inc., of Hayward (Contractor), with a not-to-exceed construction project budget of $880,812 and authorized the City Manager to approve change orders up to the contingency amount of $76,158 if needed; and
Resolution 2024-_____

WHEREAS, no change orders were issued; and
WHEREAS, the
Contractor has now completed all the work required in accordance with the plans and specifications and City staff is requesting acceptance of the Project and the City Engineer has inspected the completed work and confirmed that all work conforms to the contract plans and specifications and has been completed within the time frame of the original contract; and
WHEREAS, the C
ontractor provided a one-year Warranty Bond, Payment Bond, and a Performance Bond with contract documents after contract award; and WHEREAS, thes
e are approved Capital Improvement Projects funded through Measure K, Gas Tax, and SB1 RMRA (Road Maintenance and Rehabilitation Account) revenues and there will be no impact to the General Fund; and
WHEREAS, the
final Project costs were within budget as follows:

A. Construction Contract Amount $ 751,695
B. Approved Change Orders $ -
C. Design, construction management, inspection, testing & miscellaneous project management expenses $ 39,090
Total Project Costs $ 790,785
Total Budget Amount $ 1,939,800
Budget Remaining $ 1,149,015
;and
WHEREAS, the r
emaining balances in the Project will be released back into the Measure K, Gas Tax, and SB1 RMRA Funds as follows:

Funding Source Budget Expenses Balance
242 - Measure K $ 1,096,200 $ 751,695 $ 344,505 245 - Gas Tax $ 270,000 $ - $ 270,000
248 - SB1 $ 573,600 $ 39,090 $ 534,510
Totals $ 1,939,800 $ 790,785 $ 1,149,015
; now, therefore, be it
RESOLVED: That t
he City Council of the City of Tracy, by resolution, hereby accepts the construction work completed by American Asphalt Repair & Resurfacing Co., Inc. of Hayward, California, for the Slurry Seal Project FY21-22, CIP 73184; and be it

FURTHER RESO
LVED: That the City Council authorizes the City Clerk to File the Notice of Completion with the San Joaquin County Recorder’s Office and the City Engineer to release the bonds and retention payment in accordance with State Law; and be it

FURTHER RESO
LVED: That the City Council finds that the Project is categorically exempt from CEQA (California Environmental Quality Act) pursuant to CEQA Guidelines Resolution 2024-_____

Section 15301, which pertains to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing facility; and be it

FURTHER RES
OLVED: That the City Council authorizes the City of Tracy Finance Department to close the Project.
* * * * * *
* * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on the 19th of March 2024, by the following vote:

AYES: COUNCIL
MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YO
UNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
March 19, 2024
Agenda Item 1.F

RECOMMENDATION
Staff r
ecommends that the City Council adopt a resolution approving the Professional Service Agreement with Harris & Associates, Inc., for a not-to-exceed amount of $332,848 to provide professional engineering services in furtherance of Capital Improvement Project 73186.

EXECUTIVE SUMMARY
Staff
requests City Council approve a Professional Services Agreement (PSA) with the qualified consultant, Harris & Associates, Inc. for the professional engineering design services, which includes the preparation of plans, specifications, and cost estimates for the Pavement Rehabilitation Project FY22-23 PMP (Pavement Management Program) Phase 1(A), Capital Improvement Project (CIP) 73186 (Project).

BACKGROUND AND LEGISLATIVE HISTORY
Pavement
Rehabilitation Project FY22-23 PMP Phase 1(A), CIP 73186, is an approved Capital Improvement Project, for the annual pavement rehabilitation of City streets. The location for this Project includes Tracy Boulevard between Eleventh Street and Centre Court Drive, and Grant Line Road between Naglee Road and Walmart Driveway. These locations were selected based on the PMP Project Prioritization workshop that City staff brought to Council on May 2, 2023, targeting the arterial roads for pavement rehabilitation for FY22-23. The Project scope entails pavement rehabilitation, ADA (Americans with Disabilities Act) curb ramp upgrades, sidewalk repair, curb and gutter repair, tree removal and/or tree root trimming, traffic signal loop installation, adjustment of monuments and utility covers to grade, and new striping and pavement markings.

On August 24, 2023, City staff prepared and issued a Request for Proposals (RFP) for project management, coordination, pre-design research, and final design of the proposed roadway improvements for the Project limits of Tracy Boulevard between Eleventh Street and Sixth Street, Beechnut Avenue and Center Court Drive and Grant Line Road between Naglee Road and Walmart Driveway. This work will include coordinating with all necessary agencies, surveying, performing pavement rehabilitation design, and preparing a complete set of plans, specifications, and an engineer’s estimate (PS &E). The segment of Tracy Boulevard between Sixth Street and Beechnut Avenue which includes the improvements near the UPRR (Union Pacific Railroad Company) crossing will be designed by in-house staff to expedite the maintenance consent approval from UPRR.

ANALYSIS
On October 5, 2023, the City received a total of four (4) proposals, in response to the RFP.

The City’s consultant selection committee has carefully evaluated all the re ceived proposals based upon the criteria described in the RFP. The committee has determined that Harris & Associates, Inc. possesses the skills, experience, and certifications required to provide the Agenda Item 1.F
March 19, 2024

requested services and has determined that Harris & Associates, Inc. demonstrated the competence and professional qualifications necessary for the satisfactory performance of the required services. Harris & Associates, Inc. has successfully designed and completed several similar pr
ojects for other public agencies. Staff negotiated with Harris & Associates, Inc. to provide engineering design services f
or this Project on a time and material basis, for an amount not-to-exceed $332,848, which is reasonable and competitive.

FISCAL IMPACT
The Pavement Rehabilitation Project FY22-23 PMP Phase 1(A), CIP 73186, is an approved Capital Improvement Project with a budget of $2,612,631. There are sufficient funds in the Project for the not-to-exceed amount of $332,848 for the PSA. The project is funded through Measure K (F241), Gas Tax (F245), and the Regional Surface Transportation Program (RSTP) Grant. The current project budget is as follows:

Funding Source Budget Expenses Balance
242 - Measure K $ 540,000 $ 2,500 $ 537,500 RSTP Grant $ 1,937,631 $ - $ 1,937,631
245 - Gas Tax $ 135,000 $ - $ 135,000
Current Budget $ 2,612,631 $ 2,500 $ 2,610,131

PUBLIC OUTREACH / INTEREST
Not appl
icable.

COORDINATION
Not appl
icable.

CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The Proje
ct is categorically exempt, per the following CEQA (California Environmental Quality Act) Guidelines Sections: 15301. Existing Facilities Class I category, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project also received NEPA (National Environmental Policy Act) clearance from Caltrans District 10 on November 11, 2023, to allow for obligation of the federal RSTP grant allocated to the Project.

ACTION REQUESTED OF THE CITY COUNCIL
The City
Council by resolution, approve the Professional Service Agreement (PSA) with Harris & Associates, Inc., for a not-to-exceed amount of $332,848 to provide professional engineering services, in furtherance of Capital Improvement Project 73186.

Agenda Item 1.F
March 19, 2024

Prepared by: D’Evelyn Spekner, Associate Engineer
Anju Pillai, PE, Senior Civil Engineer
Reviewed by: Koosun Kim, PE, City Engineer
Sara C
owell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved
by: Midori Lichtwardt, City Manager

ATTACHMENTS
Attac
hment A - Professional Services Agreement - Harris & Associates, Inc. (CIP 73186)

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH

HARRIS & ASSOCIATES, INC, A CALIFORNIA CORPORATION FOR THE PAVEMENT REHABILITATION PROJECT FY22-23 PMP PHASE 1(A), CIP 73186 (PROJECT) This Professional Services Agreement (“Agreement”) is entered into between the City of Tracy, a municipal corporation (“City”), and HARRIS & ASSOCIATES, INC, a California ESOP, S Corporation (“Consultant”). City and Consultant are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain the services of Consultant to provide project management, coordination, pre- design research, and final
design of the proposed roadway improvements for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A), CIP 73186. This work will include coordinating with all necessary agencies, surveying, performing pavement design analysis, and preparing a complete set of plans, specifications, and an engineer’s estimate (PS&E) for Pavement Rehabilitation Project FY2
2-23, PMP Phase (1A), CIP 73186 (as further described herein and in Exhibit A, the “Services”); and
B. On August 24, 2023, the City issued a Request for Proposals (RFP) for the Services. On October 5,2023, Consultant submitted its proposal for the Services to the City. The City has determined that Consultant demonstrated the competence and professional qualifications necessary for the satisfactory performance of
the required services.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of the Services in accordance with the terms set forth in this Agreement.

D. This Agreement is being
executed pursuant to Tracy Municipal Code section 2.20.140 and pursuant to Resolution No. ___________, which was adopted by the City Council for the City of Tracy on ___________.

Now therefo
re, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the Services, which includes the services described in Exhibit “A” attached hereto and incorporated herein by this reference. The Services shall be performed by, or under the direct supervision of, Consultant’s “Authorized Representative”: Marie Santos, PE, Principal-in-Charge. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit “A,” nor shall Consultant use or replace any subcontractor or subconsultant, without the City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or uses or replaces any such subcontractor or subconsultant.

2. Time of Performance. Time is of the essence in the performance of the Services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit “A” indicates that Services Attachment A

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, P MP Phase (1A) CIP 73186 shall only be performed upon request, or if the City otherwise com municates the same to Consultant, Consultant shall not perform said Services until the City requests such performance. Consu ltant shall submit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. The City may grant or deny such requests in its sole and absolute discretion.

2.1 Term. The term of this Agreement shall begin on ____________ and end once the City confirms that all Services were performed to the City’s satisfaction unless terminated in accordance with Section 6. This Agreement shall not be extended except pursuant to a writing signed by both Parties.

3. Compensation. City shall pay Consultant on a time and expense basis for Services performed under this Agreement at the billing rates set for th in Exhibit “B,” which is attached hereto and incorporated herein by this reference.

3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $332,848 dollars. Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated. Unless specifically stated otherwise or agreed to in writing, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is understood and agreed that Consultant may not receive compensation up to the “not-to-exceed” amount (or any other amount), and Consultant’s total compensation under this Agreement will depend on the scope of the Services requested and approved by the City. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the “not-to-exceed” amount provided in this section without the City’s prior written approval.

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe in detail satisfactory to the City: the services performed, the times and dates of per formance, and the names of the person(s) performing the Services.

3.2.1 If Consultant is providing Ser vices in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.

3.2.2 Consultant’s failure to submit invoice(s) in accordance with this Section may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the Ci ty.

3.4 Final Payment. The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for com pensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, P MP Phase (1A) CIP 73186

3.5 Books and Accounts. Consultant agrees to maintain books, accounts, payroll records and other
information relating to the performance of Consultant’s obligations under the Agr eement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three year s after expiration or termination of this Agreement.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or natur e, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and court costs (“Claims”) arising directly or indirectly from or out of (including any and all related cost s and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consultant’s obligations under this Agreement; and/or Consultant’s breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors.

In the event there is a finding and/or deter mination that Consultant is not an independent contractor and/or is an employee of Ci ty, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any and all Claims relating to or in connection with such a finding and/or determination. (The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This m utual waiver is appli cable, w ithout limitation, to all consequential damages due to either Party’s termination of this Agreement.

The pr
ovisions of this section survive the expiration or the termination of this Agreement and are not limited by the provisions of Section 5 rel ating to insurance.

5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of the Services under this Agreement at the minimum levels set forth herein.

5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

5.3 W orkers’ Compensation coverage shall be maintained as required by the State of Calif
ornia.

5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insu red.”

5.5.2 For any claims r elated to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contr ibute with it.

5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requi rement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement and in any event, within five (5) days of such request.

5.9 Substitute Certificates . Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

5.1 0 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as rel ieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Fai lure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The C ity shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up t o the date the termination notice is given.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

7.1 Each Par
ty shall designate a senior management or executive level representative to negotiate the dispute;

7.2 The represen
tatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7.3 If t
he issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

7.4 The mediat
ion process shall provide for the selection within fifteen (15) days by both Parties of a disinterested mediator with at least ten (10) years’ experience in the field of law subject to the dispute to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

7.5 The Parti
es shall equally bear the costs of any third party mediator in any alternative dispute resolution process.

7.6 The dispute
resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. If, for any dispute or claim to which this Section applies, any Party commences an action without first attempting to resolve the matter through the process set forth in this Section, or refuses to comply with this Section after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s Services, upon termination of this Agreement, or within five (5) days of any demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.

Consultant, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.

9.1 Non-Exclusive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 same or similar services as those described in Exhibit A. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City’s needs.

10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To the City: To Consultant:

City of Tracy Harris & Associates, Inc.

Attn: Koosun Kim, City Engineer Attn: Marie Santos, PE, Principal-in-Charge 333 Civic Center Plaza 1401 Willow Pass Road, Suite 500 Tracy, CA 95376 Concord, CA 94520
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

13.1 Standar d of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2 Amend ments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waiver s. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so will be void.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 City’s consent to one assignment, transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation.

13.5 Jurisdiction and V enue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to thi s Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, including, without limitation, those identified below, whether or not such laws are expressly stated in this Agreement.

13.6.1 Prevailing W age Laws. Consultant is aware of the requirements of Cal ifornia Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such P
revailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal oppor
tunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age.

Consultant shall also comply with all applica ble anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13.7. Business Entity S tatus. Consultant is responsible for filing all required documents and/or forms with the California Secretary of St ate and meeting all requirements of the Franchise Tax Board,
to the extent such requirements apply to Con sultant. By entering into this Agreement, Consultant represents that it is authorized to do business in California, in good standing with the Secretary of St ate, and i n good standing with all agencies having jurisdiction over Consultant (including any licensing agencies). If Consultant is a suspended entity at the time it enters this Agreement, Cit y may take steps to have this Agreement declared voi dable.

13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License duri ng the term of this Agreement.

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement . Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreem
ent and the Exhibits hereto and Consultant’s propo sal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.

13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed and the matters contemplated herein. This Agreement supersedes all prior negotiations, representations or agreements (in each case, whether oral or in writing). All exhibits attached heret o are incorporated by reference herein.

13.14 Counterparts . City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

13.15 Expenses for E nforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreem
ent.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreem
ent on behalf of Consultant.
[Signature Page to Follow]
Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

The Part
ies agree to the full performance of the terms set forth in this Agreement and have caused this Agreement to be duly executed.

City of Tracy, a Municipal Corporation
By:
__________________________
Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adri
anne Richardson, City Clerk
Approved
as to form:
_____________________________
Bij
al M. Patel, City Attorney
Harris & Associates, Inc., a California ESOP,
S Corporation
By: ________________________

Marie Santos, PE,
Title:

Principal-in-Charge
Date:
_______________________
Federal E
mployer Tax ID No. ___________
By:
________________________
[Name]
Title:
_______________________
Date: _______________________
Exhib
its:

A Scope of Work
B Cost of Services
2/16/2024
Vice President
2/20/2024
Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

EXHIBIT A - Scope of Work
TASK 1
: PROJECT MANAGEMENT
Consult
ant shall perform project management functions that shall include supervision, coordination, and management of the Consultant design team. Project management shall also include but is not limited to the monitoring and verifying the project schedule, budget, and conformance with applicable standards.

Consultant shall provide a brief progress report with each monthly invoice that shall discuss budget status, project schedule (highlighting critical path elements of the project), any relevant issues resolved and/or unresolved, and the anticipated next steps.

Task 1 Deliverables:
• Updated project schedule (1 PDF)
• Monthly progress reports and invoices (1 hard copy; a total of 16 reports/invoices assumed) TASK 2
: OTHER COORDINATION
Consult
ant shall coordinate with all parties that may be affected by this project such as utility companies, transit agencies, Caltrans, UPRR, and school districts. Consultant shall also meet with City maintenance staff members to determine maintenance needs and project challenges. This task supports many of the other tasks including Project Management and Research and Design.

Task 2 Deliverables:
• All correspondence with stakeholders
TASK 3
: RESEARCH AND DESIGN
Task 3.1
Kick-Off Meeting:

Consult
ant shall schedule a kick-off meeting with the City soon after award of the contract and City issued written Notice to Proceed. Consultant shall establish a working relationship between the City and Consultant to define procedures, expectations, roles, responsibilities, project scope, schedule, design parameters, and deliverables. Consultant shall document this meeting in writing, including project team decisions and assignments.

Task 3.2
Gather and Review Existing Information:

Consult
ant shall gather and review existing background information within the project corridor that is pertinent to the development of the design alternatives. Typical data collection at a minimum shall include:
• As-built
plans for the existing roadway.
• Design standards, details, and specifications.
• Available mapping and aerial photographs.
• Monumentation.
• Available traffic data.
• Utility maps and contacts.
• Right-of-way record maps.
• Geographic information system (GIS) maps.
• Traffic Index (TI) data.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 Consultant shall identify, locate, request, and utilize all pertinent documents collected from the City and/or
other agencies to resolve design parameters and project issues. Consultant shall provide the City with a list of requested documents, and Consultant shall use the document list to collect all available data upfront to facilitate the preliminary design.

Task 3.3 Field Investigation & Data Collection:

Consultant shall document the unique features of each site that affect design and construction.

Consultant shall field measure all necessary streets for base mapping, existing striping, limits of base repair, and encroaching tree roots. Consultant shall also conduct a field survey of all existing curb ramps within the project area for compliance and the locations of proposed curb ramps that must be installed per federal requirements. Consultant shall also review and evaluate all sidewalks and curb and gutter for any localized repairs.

Task 3.4 Pavement Evaluation Services:

Consultant, or Consultant’s subconsultant, PEI, shall perform cores to determine asphalt layer thickness at a minimum of 1,000-foot intervals or as needed for project design to measure the existing structural section of asphalt and aggregate base at each core location. Native soil samples shall be collected and analyzed to determine the R-value of the subgrade. Consultant, or Consultant’s subconsultant, PEI, shall also perform deflection tests at 100-foot-maximum intervals in each travel lane. Deflection analysis shall be performed in general accordance with CTM 356. Site investigation work shall exclude the pre-marking of coring locations and coordination with Underground Service Alert. Traffic control plan shall be provided to the City for review and approval by the Traffic Engineer, Consultant, or Consultant’s subconsultant, PEI, shall summarize the above tests and analyses into an Pavement Evaluation Engineering Report that shall contain rehabilitation and reconstruction options and recommendations for the street segments tested. The report shall discuss all possible rehabilitation options, including pulverization and resurfacing, milling and filling, conventional HMA overlay and RHMA overlays, as well as recycling options such as FDR and CIR. The engineering report shall include deflection summary sheets, photos, and a visual description of each street segment.

Task 3.5 Coordination with Utility Agencies
Consultant shall contact each utility, gather information regarding its facilities, and identify potential conflicts. Utility information gathered shall include locations of the storm and sanitary sewer manholes, curb inlets, utility vaults, and catch basins. If utility conflicts are identified, Consultant shall provide design information to the utility company to assist them in developing relocation plans. Consultant shall provide a summary of the potential utility conflicts and the proposed resolution in a tabular format.

Consultant shall incorporate all utility facilities into the project plans based upon the information provided by the utility owners.

Task 3.6 Basis of Design Report (BDR)
Consultant shall prepare a Basis of Design Report, BDR, which make pavement rehabilitation and ADA compliance recommendations for the project areas. The BDR will outline the proposed rehabilitation options for Tracy Boulevard and Grant Line Road using the Pavement Evaluation Engineering Report described in Task 3.4 above. Consultant shall review the report and perform a cost analysis for the proposed pavement rehabilitation alternative treatments.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 Consultant shall perform field investigations to document all locations of existing curb ramps and evaluate their condition for ADA compliance. The results of this investigation shall be i ncluded in the BDR with a list of all recommended locations for new ADA compliant curb ramps as well as deficient curb ramps targeted for replacement or modification to bring them into compliance. This list will be prepared in a spreadsheet format that shall identify each curb ramp in one of three categories:
compliant, non-compliant, and marginally non-compliant and the Consultants recommendations to bring them into compliance.

Consultant BDR shall also include base map sheets for preliminary design, which shall be the basis of the 60% design plans. Consultant shall work with City to develop additional conceptual design options for Tracy Boulevard striping to enhance the existing Class 3 bike lane that is identified in the City’s bicycle master plan.

Task 3.7 BDR Review Meeting:

Once the BDR has been submitted, Consultant shall coordinate a BDR review meeting with City staff to review the design alternatives. Consultant shall document the review meeting in writing, and summarize resulting decisions and assignments for final review by City.

Task 3 Deliverables:
• Kickoff meeting notes (1 PDF)
• List of requested documents
• Base mapping (1 PDF and 1 AutoCAD)
• Pavement Analysis Report (1 PDF and 1 hard copy)
• Correspondence with utility agencies (1 PDF)
• Draft and Final BDR (1 PDF)
• BDR review meeting notes (1 PDF)
TASK 4: CO

NSTRUCTION DOCUMENTS
Task 4.1
Prepare 60% Plans and Cost Estimate
Consult
ant shall incorporate comments and design recommendations from the BDR and BDR review meeting and prepare preliminary layout plans for review and comment by the City and others. Plans shall comply with all City’s format requirements. The 60% submittal shall include the preliminary design for pavement rehabilitation, curb ramps, and other concrete improvements for City review and approval.

Consult
ant shall prepare 60% Opinion of Probable Construction Cost. The estimate shall include quantity takeoffs, unit prices, and a cost estimate for each element of the project. If necessary, Consultant shall include bid alternatives and additive/deductive bid items.

Task 4.2
Prepare 90% Plans, Specifications, and Cost Estimate
Consult
ant shall submit plan sets for review at the 90% stage. This submittal shall incorporate all comments received at the previous stage. The plans shall include right-of-way lines, the layout of pavement, curb ramp improvements, utilities, and other details needed to resolve design issues.

Consultant shall prepare 90% draft Technical Specifications for review and comment by City staff.

Specifications shall be based upon City or Caltrans standard documents. Consultant shall also prepare 90% Opinion of Probable Construction Cost updated with revised quantities and unit prices for each element of the projects.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 Task 4.3 Caltrans Encroachment Permit Application:

Consultant shall submit plan sets and permit application to Caltrans for review and approval. The submittal shall follow the approved 60% design and incorporate all comments received at the 60% review stage.

Task 4.3 Prepare 100% Plans, Specifications, and Cost Estimate:

Consultant shall submit plan sets for review at the 100% stage. The submittal shall incorporate all comments received at the previous stages.
• Prepar
e 100% Specifications: Consultant shall finalize technical specifications and bid schedule and incorporate comments received at the previous reviews and submit the design package to the City for incorporation into the final bid documents. The City shall prepare front- end specifications and finalize the final bid documents package for public advertisement. • Prepare 100
% Opinion of Probable Construction Cost: Consultant shall provide spreadsheets that identify takeoff quantities, unit costs, and cost estimates for each element of the project for City staff reviews and comments. Consultant shall revise the 100% documents as needed and resubmit plans and contract documents for public bid by the City.

Task 4.4
Prepare Final Bid Documents
Consultant shall provide a final, detailed engineer’s estimate of the probable construction cost. Plans shall be prepared on standard City title block sheets. AutoCAD and Word electronic files shall be turned over for City files. The final contract documents shall incorporate all City pre-final review comments.

Qualit
y Assurance/Quality Control (QA/QC): All deliverables produced by Consultant and Consultant’s subconsultants shall be checked by Consultant before submission to the City. Consultant shall be responsible for the quality and coordination of the design documents and shall review all work before it is sent out.

Task 4 Deliverables:
• 60% Plans and Cost Estimate (1 original, if requested, and 1 PDF) • 90% Plans, Specifications, and Cost Estimate (1 original, if requested, and 1 PDF) • 100% Plans, Specifications, and Cost Estimate (1 original, if requested, and 1 PDF) • Final construction bid documents for Packages (1 original, if requested, and 1 PDF) • Caltrans Permit Application for Construction
TASK 5
: BID PERIOD SERVICES
Consult
ant shall be prepared to answer bidders’ questions and provide clarifications to the bid documents during the construction process. Specifically, Consultant shall assist the City as follows:
• We wil
l attend the pre-bid meeting.
• We will provide a log of all questions received and responses to the City for distribution. • We will prepare any required technical or design-related addenda.

Task 5 Deliverables:
• Log of questions and responses (1 original)
• Addenda (1 PDF)
Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

• Conformed set of bid documents (1 original and 1 PDF) TASK 6
: DESIGN SUPPORT DURING CONSTRUCTION
Consult
ant shall answer the contractor’s questions and provide clarifications to the bid documents during the construction process. Specifically, Consultant shall assist the City as follows:
• A ttend
the pre-construction meetings.
• A nswer the contractor’s Request for Information (RFI). • Provide clarifications and respond to the contractor’s questions during the construction phase, as needed. During construction, Consultant shall review and respond to the contractor’s RFIs within five calendar days.
• Assist the City with the review of construction contractor submittals during the construction phase of the project. A log of the submittals received, and responses provided will be maintained and made available for City staff.
• Upon City request; Consultant shall provide periodic reviews of the progress of the work to verify that it is in conformance with the design intent shown in the Plans and Specifications. • Upon City request Consultant shall assist the City inspector with specific design issues during construction.
• Upon City request Consultant shall visit the construction site to resolve any unforeseen circumstances.
• Upon City request Consultant shall review change order proposals from the contractor and assist in the preparation of change orders if necessary.

Prepare R
ecord Drawings: Consultant shall prepare record drawings, incorporating all changes made during construction as marked by the resident engineer and contractor. All project files, including record drawing plans, CAD files, and other technical information shall be submitted to the City upon completion of the work.

Task 6 Deliverables:
• RFI responses (1 PDF)
• Submittal review (1 PDF)
• Change Order (1 original and 1 PDF)
• Record drawings (1 original and 1 PDF)
• CAD files and other technical information
Professional Services Agreement between
The City of
Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

Professional Services Agreement between
The City of
Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY

CITY COUNCIL
RESO
LUTION NO. 2024-_____

APPROVI

NG THE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS
& ASSOCIATES, INC., FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $332,848 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES IN FURTHERANCE OF CAPITAL IMPROVEMENT PROJECT 73186
WHEREAS, Pavement Rehabilitation Project FY22-23 Pavement Management Program (PMP) Phase 1(A), Capital Improvement Project (CIP) 73186, is an approved Capital Improvement Project, for the annual pavement rehabilitation of City streets; and WHEREAS, the location for this Project includes Tracy Boulevard between Eleventh Street and Centre Court Drive, and Grant Line Road between Naglee Road and Walmart Driveway. These locations were selected based on the PMP Project Prioritization workshop that City staff brought to Council on May 2, 2023, targeting the arterial roads for pavement rehabilitation for FY 22-23; and
WHEREAS, the Project scope entails pavement rehabilitation, ADA (Americans with Disabilities Act) curb ramp upgrades, sidewalk repair, curb and gutter repair, tree removal and/or tree root trimming, traffic signal loop installation, adjustment of monuments and utility covers to grade, and new striping and pavement markings; and WHEREAS, on August 24, 2023, the City prepared and issued a Request for Proposals (RFP) for project management, coordination, pre-design research, and final design of the proposed roadway improvements for the P roject (Services) for the Project limits of Tracy Boulevard between Eleventh Street and Sixth Street, Beechnut Avenue and Center Court Drive and Grant Line Road between Naglee Road and Walmart Driveway; and WHEREAS, the segment of Tracy Boulevard between Sixth Street and Beechnut Avenue which includes the improvements near t he UPRR (Union Pacific Railroad Company) crossing will be designed by in-house staff to expedite the maintenance consent approval from UPRR; and
WHEREAS, on October 5, 2023, the City received a total of four (4) proposals in response to the RFP. The City’s consultant selection committee carefully evaluated all the proposals based upon the criteria described in the RFP, and has determined pursuant to Tracy Municipal Code Section 2.20.140, that Harris & Associates, Inc., best meets the City's needs by demonst
rating the competence and professional qualifications necessary for the satisfactory performance of the required services; and
Resolution 2024-_____

WHEREAS, staff negotiated with Harris & Associates, Inc., to provide engineering design services for this Project on a time and material basis, for an amount not-to-exceed $332,848, which is reasonable and competitive; and
WHEREA
S, the City seeks to enter into the Professional Services Agreement (PSA) with Harris & Associates, Inc.; and
WHEREA
S, this Project is an approved Capital Improvement Project with a budget of $2,612,631 and there are sufficient funds in CIP 73186 to award this Project for design services in the amount of $332,848; and
WHEREA
S, the construction of this Project will be funded through RSTP (Regional Surface Transportation Program) Grant; Measure K Sales Tax, and the Gas Tax; now therefore, be it

RESOLVED
, That the above recitals are true and correct; and be it FURTHER RESOLVED: That the City Council of the City of Tracy, by resolution, hereby approves a Professional Service Agreement with Harris & Associates, Inc. attached hereto as Exhibit 1, for a total not-to-exceed amount of $332,848, to provide Services for the Project until completed to the City’s satisfaction; and be it

FURTHER RE
SOLVED: That the Professional Services Agreement may be executed by the City Mayor of the City of Tracy.
* * * *
* * * * * * * * * *
Resolution 2024-_____

The foregoi ng Resolution 2024-_____ was adopted by the Tracy City Council on the 19th day of March 2024, by the following vote:

AYES: COUNCIL MEMBER
S:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California

EXHIBITS
Exhibi
t 1 - Professional Services Agreement – Harris & Associates, Inc (CIP 73186)

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH

HARRIS & ASSOCIATES, INC, A CALIFORNIA CORPORATION FOR THE PAVEMENT REHABILITATION PROJECT FY22-23 PMP PHASE 1(A), CIP 73186 (PROJECT) This Professional Services Agreement (“Agreement”) is entered into between the City of Tracy, a municipal corporation (“City”), and HARRIS & ASSOCIATES, INC, a California ESOP, S Corporation (“Consultant”). City and Consultant are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain the services of Consultant to provide project management, coordination, pre- design research, and final
design of the proposed roadway improvements for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A), CIP 73186. This work will include coordinating with all necessary agencies, surveying, performing pavement design analysis, and preparing a complete set of plans, specifications, and an engineer’s estimate (PS&E) for Pavement Rehabilitation Project FY22
-23, PMP Phase (1A), CIP 73186 (as further described herein and in Exhibit A, the “Services”); and
B. On August 24, 2023, the City issued a Request for Proposals (RFP) for the Services. On October 5,2023, Consultant submitted its proposal for the Services to the City. The City has det ermined that Consultant demonstrated the competence and professional qualifications necessary for the satisfactory performance of th
e required services.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of the Services in accordance with the terms set forth in this Agreement.

D. This Agreement is being execut
ed pursuant to Tracy Municipal Code section 2.20.140 and pursuant to Resolution No. ___________, which was adopted by the City Council for the City of Tracy on ___________.

Now therefor
e, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the Services, which includes the services described in Exhibit “A” attached hereto and incorporated herein by this reference. The Services shall be performed by, or under the direct supervision of, Consultant’s “Authorized Representative”: Marie Santos, PE, Principal-in-Charge. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit “A,” nor shall Consultant use or replace any subcontractor or subconsultant, without the City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or uses or replaces any such subcontractor or subconsultant.

2. Time of Performance. Time is of the essence in the performance of the Services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit “A” indicates that Services Exhibit 1

Professional Services Agreement between
The City of
Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 shall only be performed upon request, or if the City otherwise com municates the same to Consultant, Consultant shall not perform said Services until the City requests such performance. Consultant shall su
bmit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. The City may grant or deny such requests in its sole and absolute discretion.

2.1 Term. The term of this Agreement shall begin on ____________ and end once the City confirms that all Services were performed to the City’s satisfaction unless terminated in accordance with Section 6. This Agreement shall not be extended except pursuant to a writing signed by both Parties.

3. Compensation. City shall pay Consultant on a time and expense basis for Services performed under this Agreement at the billing rates set for th in Exhibit “B,” which is attached hereto and incorporated herein by this reference.

3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $332,848 dollars. Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated. Unless specifically stated otherwise or agreed to in writing, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is under stood and agreed that Consultant may not receive compensation up to the “not-to-exceed” amount (or any other amount), and Consultant’s total compensation under this Agreement will depend on the scope of the Services requested and approved by the City. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the “not-to-exceed” amount provided in this section without the City’s prior written approval.

3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe in detail satisfactory to the City: the services performed, the times and dates of per formance, and the names of the person(s) performing the Services.

3.2.1 If Consultant is providing Services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.

3.2.2 Consultant’s failure to submit invoice(s) in accordance with this Section may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.

3.4 Final Payment. The acceptance by Consultant of the fi nal payment made under this Agreement shall constitute a release of City from all claims and liabilities for com pensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any def ect or error in the Services performed by Consultant, its employees, subcontr actors, agents and subconsultants.

Professional Services Agreement between
The City of
Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

3.5 Books and Accounts. Consultant agrees to maintain books, accounts, payroll records and other
information relating to the performance of Consultant’s obligations under the Agreem ent, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or nature, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and court costs (“Claims”) arising directly or indirectly from or out of (including any and all related costs and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consu ltant’s obligations under this Agreement; and/or Consultant’s breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors.

In the event there is a finding and/or determ ination that Consultant is not an independent contractor and/or is an employee of City, includi ng but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any and all Claims relating to or in connection with such a finding and/or determination. (The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mut ual waiver is applicable, without limitation, to all consequential damages due to either Party’s termination of this Agreement.

The provisi
ons of this section survive the expiration or the termination of this Agreement and are not limit
ed by the provisions of Section 5 relating to in surance.

5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of the Services under this Agreement at the minimum levels set forth herein.

5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2 Automobile Liability (with coverage at least as broad as ISO f orm CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

5.3 W orkers’ Compensation coverage shall be maintained as required by the State of Calif
ornia.

5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insu red.”

5.5.2 For any claims r elated to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contr ibute with it.

5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requi rement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement and in any event, within five (5) days of such request.

5.9 Substitute Certificates . Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

5.1 0 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as rel ieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Fai lure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The C ity shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up t o the date the termination notice is given.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

7.1 Each Par
ty shall designate a senior management or executive level representative to negotiate the dispute;

7.2 The represen
tatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7.3 If t
he issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

7.4 The mediat
ion process shall provide for the selection within fifteen (15) days by both Parties of a disinterested mediator with at least ten (10) years’ experience in the field of law subject to the dispute to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

7.5 The Parti
es shall equally bear the costs of any third party mediator in any alternative dispute resolution process.

7.6 The dispute
resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. If, for any dispute or claim to which this Section applies, any Party commences an action without first attempting to resolve the matter through the process set forth in this Section, or refuses to comply with this Section after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s Services, upon termination of this Agreement, or within five (5) days of any demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.

Consultant, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.

9.1 Non-Exclusive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 same or similar services as those described in Exhibit A. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City’s needs.

10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To the City: To Consultant:

City of Tracy Harris & Associates, Inc.

Attn: Koosun Kim, City Engineer Attn: Marie Santos, PE, Principal-in-Charge 333 Civic Center Plaza 1401 Willow Pass Road, Suite 500 Tracy, CA 95376 Concord, CA 94520
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

13.1 Standar d of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2 Amend ments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3 Waiver s. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so will be void.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 City’s consent to one assignment, transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation.

13.5 Jurisdiction and V enue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to thi s Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.

13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, including, without limitation, those identified below, whether or not such laws are expressly stated in this Agreement.

13.6.1 Prevailing W age Laws. Consultant is aware of the requirements of Cal ifornia Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such P
revailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal oppor
tunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age.

Consultant shall also comply with all applica ble anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).

13.7. Business Entity S tatus. Consultant is responsible for filing all required documents and/or forms with the California Secretary of St ate and meeting all requirements of the Franchise Tax Board,
to the extent such requirements apply to Con sultant. By entering into this Agreement, Consultant represents that it is authorized to do business in California, in good standing with the Secretary of St ate, and i n good standing with all agencies having jurisdiction over Consultant (including any licensing agencies). If Consultant is a suspended entity at the time it enters this Agreement, Cit y may take steps to have this Agreement declared voi dable.

13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License duri ng the term of this Agreement.

13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement . Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreem
ent and the Exhibits hereto and Consultant’s propo sal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.

13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed and the matters contemplated herein. This Agreement supersedes all prior negotiations, representations or agreements (in each case, whether oral or in writing). All exhibits attached heret o are incorporated by reference herein.

13.14 Counterparts . City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

13.15 Expenses for E nforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreem
ent.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreem
ent on behalf of Consultant.
[Signature Page to Follow]
Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

The Part
ies agree to the full performance of the terms set forth in this Agreement and have caused this Agreement to be duly executed.

City of Tracy, a Municipal Corporation
By:
__________________________
Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adri
anne Richardson, City Clerk
Approved
as to form:
_____________________________
Bij
al M. Patel, City Attorney
Harris & Associates, Inc., a California ESOP,
S Corporation
By: ________________________

Marie Santos, PE,
Title:

Principal-in-Charge
Date:
_______________________
Federal E
mployer Tax ID No. ___________
By:
________________________
[Name]
Title:
_______________________
Date: _______________________
Exhib
its:

A Scope of Work
B Cost of Services
2/16/2024
Vice President
2/20/2024
Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

EXHIBIT A - Scope of Work
TASK 1
: PROJECT MANAGEMENT
Consult
ant shall perform project management functions that shall include supervision, coordination, and management of the Consultant design team. Project management shall also include but is not limited to the monitoring and verifying the project schedule, budget, and conformance with applicable standards.

Consultant shall provide a brief progress report with each monthly invoice that shall discuss budget status, project schedule (highlighting critical path elements of the project), any relevant issues resolved and/or unresolved, and the anticipated next steps.

Task 1 Deliverables:
• Updated project schedule (1 PDF)
• Monthly progress reports and invoices (1 hard copy; a total of 16 reports/invoices assumed) TASK 2
: OTHER COORDINATION
Consult
ant shall coordinate with all parties that may be affected by this project such as utility companies, transit agencies, Caltrans, UPRR, and school districts. Consultant shall also meet with City maintenance staff members to determine maintenance needs and project challenges. This task supports many of the other tasks including Project Management and Research and Design.

Task 2 Deliverables:
• All correspondence with stakeholders
TASK 3
: RESEARCH AND DESIGN
Task 3.1
Kick-Off Meeting:

Consult
ant shall schedule a kick-off meeting with the City soon after award of the contract and City issued written Notice to Proceed. Consultant shall establish a working relationship between the City and Consultant to define procedures, expectations, roles, responsibilities, project scope, schedule, design parameters, and deliverables. Consultant shall document this meeting in writing, including project team decisions and assignments.

Task 3.2
Gather and Review Existing Information:

Consult
ant shall gather and review existing background information within the project corridor that is pertinent to the development of the design alternatives. Typical data collection at a minimum shall include:
• As-built
plans for the existing roadway.
• Design standards, details, and specifications.
• Available mapping and aerial photographs.
• Monumentation.
• Available traffic data.
• Utility maps and contacts.
• Right-of-way record maps.
• Geographic information system (GIS) maps.
• Traffic Index (TI) data.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 Consultant shall identify, locate, request, and utilize all pertinent documents collected from the City and/or
other agencies to resolve design parameters and project issues. Consultant shall provide the City with a list of requested documents, and Consultant shall use the document list to collect all available data upfront to facilitate the preliminary design.

Task 3.3 Field Investigation & Data Collection:

Consultant shall document the unique features of each site that affect design and construction.

Consultant shall field measure all necessary streets for base mapping, existing striping, limits of base repair, and encroaching tree roots. Consultant shall also conduct a field survey of all existing curb ramps within the project area for compliance and the locations of proposed curb ramps that must be installed per federal requirements. Consultant shall also review and evaluate all sidewalks and curb and gutter for any localized repairs.

Task 3.4 Pavement Evaluation Services:

Consultant, or Consultant’s subconsultant, PEI, shall perform cores to determine asphalt layer thickness at a minimum of 1,000-foot intervals or as needed for project design to measure the existing structural section of asphalt and aggregate base at each core location. Native soil samples shall be collected and analyzed to determine the R-value of the subgrade. Consultant, or Consultant’s subconsultant, PEI, shall also perform deflection tests at 100-foot-maximum intervals in each travel lane. Deflection analysis shall be performed in general accordance with CTM 356. Site investigation work shall exclude the pre-marking of coring locations and coordination with Underground Service Alert. Traffic control plan shall be provided to the City for review and approval by the Traffic Engineer, Consultant, or Consultant’s subconsultant, PEI, shall summarize the above tests and analyses into an Pavement Evaluation Engineering Report that shall contain rehabilitation and reconstruction options and recommendations for the street segments tested. The report shall discuss all possible rehabilitation options, including pulverization and resurfacing, milling and filling, conventional HMA overlay and RHMA overlays, as well as recycling options such as FDR and CIR. The engineering report shall include deflection summary sheets, photos, and a visual description of each street segment.

Task 3.5 Coordination with Utility Agencies
Consultant shall contact each utility, gather information regarding its facilities, and identify potential conflicts. Utility information gathered shall include locations of the storm and sanitary sewer manholes, curb inlets, utility vaults, and catch basins. If utility conflicts are identified, Consultant shall provide design information to the utility company to assist them in developing relocation plans. Consultant shall provide a summary of the potential utility conflicts and the proposed resolution in a tabular format.

Consultant shall incorporate all utility facilities into the project plans based upon the information provided by the utility owners.

Task 3.6 Basis of Design Report (BDR)
Consultant shall prepare a Basis of Design Report, BDR, which make pavement rehabilitation and ADA compliance recommendations for the project areas. The BDR will outline the proposed rehabilitation options for Tracy Boulevard and Grant Line Road using the Pavement Evaluation Engineering Report described in Task 3.4 above. Consultant shall review the report and perform a cost analysis for the proposed pavement rehabilitation alternative treatments.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 Consultant shall perform field investigations to document all locations of existing curb ramps and evaluate their condition for ADA compliance. The results of this investigation shall be i ncluded in the BDR with a list of all recommended locations for new ADA compliant curb ramps as well as deficient curb ramps targeted for replacement or modification to bring them into compliance. This list will be prepared in a spreadsheet format that shall identify each curb ramp in one of three categories:
compliant, non-compliant, and marginally non-compliant and the Consultants recommendations to bring them into compliance.

Consultant BDR shall also include base map sheets for preliminary design, which shall be the basis of the 60% design plans. Consultant shall work with City to develop additional conceptual design options for Tracy Boulevard striping to enhance the existing Class 3 bike lane that is identified in the City’s bicycle master plan.

Task 3.7 BDR Review Meeting:

Once the BDR has been submitted, Consultant shall coordinate a BDR review meeting with City staff to review the design alternatives. Consultant shall document the review meeting in writing, and summarize resulting decisions and assignments for final review by City.

Task 3 Deliverables:
• Kickoff meeting notes (1 PDF)
• List of requested documents
• Base mapping (1 PDF and 1 AutoCAD)
• Pavement Analysis Report (1 PDF and 1 hard copy)
• Correspondence with utility agencies (1 PDF)
• Draft and Final BDR (1 PDF)
• BDR review meeting notes (1 PDF)
TASK 4: CO

NSTRUCTION DOCUMENTS
Task 4.1
Prepare 60% Plans and Cost Estimate
Consult
ant shall incorporate comments and design recommendations from the BDR and BDR review meeting and prepare preliminary layout plans for review and comment by the City and others. Plans shall comply with all City’s format requirements. The 60% submittal shall include the preliminary design for pavement rehabilitation, curb ramps, and other concrete improvements for City review and approval.

Consult
ant shall prepare 60% Opinion of Probable Construction Cost. The estimate shall include quantity takeoffs, unit prices, and a cost estimate for each element of the project. If necessary, Consultant shall include bid alternatives and additive/deductive bid items.

Task 4.2
Prepare 90% Plans, Specifications, and Cost Estimate
Consult
ant shall submit plan sets for review at the 90% stage. This submittal shall incorporate all comments received at the previous stage. The plans shall include right-of-way lines, the layout of pavement, curb ramp improvements, utilities, and other details needed to resolve design issues.

Consultant shall prepare 90% draft Technical Specifications for review and comment by City staff.

Specifications shall be based upon City or Caltrans standard documents. Consultant shall also prepare 90% Opinion of Probable Construction Cost updated with revised quantities and unit prices for each element of the projects.

Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186 Task 4.3 Caltrans Encroachment Permit Application:

Consultant shall submit plan sets and permit application to Caltrans for review and approval. The submittal shall follow the approved 60% design and incorporate all comments received at the 60% review stage.

Task 4.3 Prepare 100% Plans, Specifications, and Cost Estimate:

Consultant shall submit plan sets for review at the 100% stage. The submittal shall incorporate all comments received at the previous stages.
• Prepar
e 100% Specifications: Consultant shall finalize technical specifications and bid schedule and incorporate comments received at the previous reviews and submit the design package to the City for incorporation into the final bid documents. The City shall prepare front- end specifications and finalize the final bid documents package for public advertisement. • Prepare 100
% Opinion of Probable Construction Cost: Consultant shall provide spreadsheets that identify takeoff quantities, unit costs, and cost estimates for each element of the project for City staff reviews and comments. Consultant shall revise the 100% documents as needed and resubmit plans and contract documents for public bid by the City.

Task 4.4
Prepare Final Bid Documents
Consultant shall provide a final, detailed engineer’s estimate of the probable construction cost. Plans shall be prepared on standard City title block sheets. AutoCAD and Word electronic files shall be turned over for City files. The final contract documents shall incorporate all City pre-final review comments.

Qualit
y Assurance/Quality Control (QA/QC): All deliverables produced by Consultant and Consultant’s subconsultants shall be checked by Consultant before submission to the City. Consultant shall be responsible for the quality and coordination of the design documents and shall review all work before it is sent out.

Task 4 Deliverables:
• 60% Plans and Cost Estimate (1 original, if requested, and 1 PDF) • 90% Plans, Specifications, and Cost Estimate (1 original, if requested, and 1 PDF) • 100% Plans, Specifications, and Cost Estimate (1 original, if requested, and 1 PDF) • Final construction bid documents for Packages (1 original, if requested, and 1 PDF) • Caltrans Permit Application for Construction
TASK 5
: BID PERIOD SERVICES
Consult
ant shall be prepared to answer bidders’ questions and provide clarifications to the bid documents during the construction process. Specifically, Consultant shall assist the City as follows:
• We wil
l attend the pre-bid meeting.
• We will provide a log of all questions received and responses to the City for distribution. • We will prepare any required technical or design-related addenda.

Task 5 Deliverables:
• Log of questions and responses (1 original)
• Addenda (1 PDF)
Professional Services Agreement between
The City
of Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

• Conformed set of bid documents (1 original and 1 PDF) TASK 6
: DESIGN SUPPORT DURING CONSTRUCTION
Consult
ant shall answer the contractor’s questions and provide clarifications to the bid documents during the construction process. Specifically, Consultant shall assist the City as follows:
• A ttend
the pre-construction meetings.
• A nswer the contractor’s Request for Information (RFI). • Provide clarifications and respond to the contractor’s questions during the construction phase, as needed. During construction, Consultant shall review and respond to the contractor’s RFIs within five calendar days.
• Assist the City with the review of construction contractor submittals during the construction phase of the project. A log of the submittals received, and responses provided will be maintained and made available for City staff.
• Upon City request; Consultant shall provide periodic reviews of the progress of the work to verify that it is in conformance with the design intent shown in the Plans and Specifications. • Upon City request Consultant shall assist the City inspector with specific design issues during construction.
• Upon City request Consultant shall visit the construction site to resolve any unforeseen circumstances.
• Upon City request Consultant shall review change order proposals from the contractor and assist in the preparation of change orders if necessary.

Prepare R
ecord Drawings: Consultant shall prepare record drawings, incorporating all changes made during construction as marked by the resident engineer and contractor. All project files, including record drawing plans, CAD files, and other technical information shall be submitted to the City upon completion of the work.

Task 6 Deliverables:
• RFI responses (1 PDF)
• Submittal review (1 PDF)
• Change Order (1 original and 1 PDF)
• Record drawings (1 original and 1 PDF)
• CAD files and other technical information
Professional Services Agreement between
The City of
Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

Professional Services Agreement between
The City of
Tracy and Harris & Associates, Inc. for the Pavement Rehabilitation Project FY22-23, PMP Phase (1A) CIP 73186

March 19, 2024
Agenda Item 1.G

RECOMMENDATION
Staff r
ecommends that the City Council adopt a resolution (1) accepting the public improvements for Orchard Park within Ellis Town and Country, Tract 4007, constructed by LS-Tracy, LLC, and accepting future maintenance and repair, (2) authorizing the City Clerk to file the Notice of Completion for Orchard Park with the San Joaquin County Recorder’s Office, and (3) authorizing the City Engineer to release the Orchard Park improvement security in accordance with the terms of the Subdivision Improvement Agreement, as amended.

EXECUTIVE SUMMARY
LS-Tracy, LLC
, a Delaware Limited Liability Company (Subdivider), has completed improvements for Orchard Park, a 1.29-acre neighborhood park within Town and Country, Tract 4007, a subdivision consisting of 308 single-family residential lots, in accordance with the applicable Subdivision Improvement Agreement (SIA). Staff recommends that City Council adopt a resolution accepting the improvements related to Orchard Park as complete, authorizing the City Clerk to file a Notice of Completion, and authorizing the City Engineer to release the Subdivider’s improvement security in accordance with the terms of the amended Subdivision Improvement Agreement, with respect to Orchard Park.

BACKGROUND AND LEGISLATIVE HISTORY
On June 1
, 2021, by Resolution No. 2021-068, City Council approved a Final Map and Subdivision Improvement Agreement for Ellis Phase 3, Town and Country, Tract 4007. The Final Map, recorded June 4, 2021 as 43-MP-169, included dedication of Parcel F (the Orchard Park site, containing 1.29 acres) subject to satisfactory completion of improvements.

On January
17, 2023, by Resolution No. 2023-015, the City Council approved that certain City of Tracy - Subdivision Improvement Agreement - Western and Orchard Parks - Ellis Town & Country Tract 4007 (SIA) with LS - Tracy, LLC (Subdivider) for construction of Western Park and Orchard Park, both being neighborhood parks within Ellis Phase 3 – Town and Country Tract 4007, a subdivision consisting of 308 single family residential lots. The neighborhood parks are generally located west of Corral Hollow Road along Ellis Town Drive. The SIA was recorded in San Joaquin County Records on February 3, 2023 as Document No. 2023-008934.

The SIA f
or Western and Orchard Parks should have been approved by City Council concurrently with the approval of the Final Map, which created the Park sites. The creation of these Park sites was an oversight by the City, and Staff is aware of this issue. Updates to the processes have been modified to ensure compliance for future items.

On August
15, 2023, by Resolution No. 2023-163, City Council approved the First Amendment to the SIA (First Amendment), allowing City acceptance of Western Park and establishing separate security assuring completion of Orchard Park and warranty of improvements in Western Park. The Amendment to the SIA was necessary due to the early start and completion of Western Park by the Subdivider, prior to the City Council’s approval of the SIA on January 17, 2023. However, construction of Orchard Park did not commence until after January 17, 2023.

Agenda Item 1.G
March 19, 2024

New security required by the First Amendment was submitted by Subdivider in the following amounts:

Bond Type Amount
Warranty - Western Park $ 273,028
Faithful Performance - Orchard Park $ 936,321
Labor and Material - Orchard Park $ 936,321
Warranty - Orchard Park $ 93,632
On August 15,
2023, by Resolution No. 2023-164, City Council accepted Western Park as complete. All bonds issued to the City required by the SIA were subsequently released to Subdivider.

ANALYSIS
The City
Engineer has inspected the completed work and confirmed that the improvements conform to the SIA and City specifications and plans, as related to Orchard Park. Subject to the City Council’s approval, a Notice of Completion for Orchard Park would be filed by the City Clerk, to be recorded with the San Joaquin County Recorder’s Office. Filing the Notice of Completion by City Clerk will finalize acceptance of the improved Orchard Park land pursuant to Tracy Municipal Code 12.36.110. The Project carries a one-year Warranty Bond for all public improvements.

Faithful
Performance Bonds may be released upon acceptance of improvements by the City. Labor and Material Bonds may be released thirty (30) days after recordation of the Notice of Completion, as the statute of limitations period expires in accordance with Civil Code § 9356.

Warranty Bond may be released one (1) year after the City accepts the improvements and any warranty work is completed.

A total
of 1.29 acres has been offered for dedication for Orchard Park, Parcel F on the Final Map of Town and Country, Tract 4007, recorded in Book 43 Maps and Plats Page 169, and accepted by the City Clerk subject to satisfactory completion of improvements. City Council acceptance and filing of the Notice of Completion will memorialize satisfactory completion of improvements.

FISCAL IMPACT
All i
mprovements were completed by the Subdivider in accordance with the SIA and there was no fiscal impact to the City for the construction cost. Once accepted, Orchard Park will be maintained by the City, with funds collected through the Ellis Communities Facilities District assessment that is paid by all residents within the Ellis Specific Plan area.

Cost
of improvements for Orchard Park is estimated at $936,321.

The estimat
ed credit included in the SIA for Western Park and Orchard Park was $2,721,140.

This credit amount was based on an estimated park acreage originally prepared by the Subdivider. However, the City’s consultant, Harris & Associates, calculated the correct credit amount to be $2,327,747, based on the actual park acreage built by the Subdivider. Of this total, Western Park receives a credit amount of $1,604,183 and Orchard Park receives a credit Agenda Item 1.G
March 19, 2024

amount of $723,565. Per Section 13.08.020 of the Tracy Municipal Code, applicants are not eligible to receive credits for contingency or program administration costs.

PUBLIC OUTREACH / INTEREST
Not applicable.

COORDI
NATION
The Engineering Division coordinated with the Operations & Utilities Department, and the Parks & Recreation Department.

CEQA DETERMINATION
The recommended actions were adequately analyzed by the Environmental Impact Report for the Modified Ellis Project, State Clearinghouse Number 2012022023, certified by City Council Resol
ution No. 2013-011. No further environmental review is required.

STRATEGIC PLAN
This agenda item is consistent wit h the Council approved Economic Deve lopment Strategy to ensure physical infrastructure necessary for development .

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council by resolution (1) accept the publi c improvements for Orchard Park within Ellis Town and Country, Tract 4007, constructed by LS-Tracy, LLC, and accepting future maintenance and repair (2) authorize the City Clerk to f ile t he Notice of Completion for Orchard Park with the San Joaquin County Recorder’s Office, and (3) authorize the City Engineer to release the Orchard Park improvement security in accordance with the terms of the Subdivision Improvement Agreement, as Amended.

Prepared by: Leisser M azariegos, Associate Engineer
Reviewed by: Koosun Kim, PE, City Engineer
Richard
Joaquin, Parks Planning & Development Manager
Sara Cowell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved by
: Midori Lichtwardt, City Manager

APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE

TRACY CITY COUNCIL
RESOLUTION 2024-_____
(1) ACCEPTING THE PUBLIC IMPROVEMENTS FOR ORCHARD PARK
WITHIN ELLIS TOWN AND COUNTRY, TRACT 4007 , CONSTRUCTED BY

LS-TRACY, LLC AND ACCEPTING FUTURE MAINTENANCE AND
REPAIR; (2) AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF

COMPLETION FOR ORCHARD PARK WITH THE SAN JOAQUIN COUNTY RECORDER’S OFFICE; AND (3) AUTHORIZING THE CITY ENGINEER TO

RELEASE THE ORCHARD PARK IMPROVEMENT SECURITY IN

ACCORDANCE WITH THE TERMS OF THE SUBDIVISION IMPROVEMENT

AGREEMENT, AS AMENDED
WHEREAS, on June 1, 2021, by Resolution No. 2021-068, City Council approved a Subdivision Map and Subdivision Improvement Agreement (SIA) for Ellis Phase 3, Tract 4007; and
WHEREAS, the Subdivision Map, recorded as 43-MP-169, included dedication of Parcel F (the Orchard Park site, containing 1.29 acres) subject to satisfactory completion of improvements; and
WHEREAS, on January 17, 2023, by Resolution No. 2023-015, City Council approved that a Subdivision Improvement Agreement for Western and Orchard Park - Ellis Town & Country, Tract 4007, with LS-Tracy, LLC, a Delaware limited liability company (Subdivider), for the construction of Western Park and Orchard Park in the Ellis Specific Plan area; and
WHEREAS, on August 15, 2023, by Resolution No. 2023-163, City Council approved the First Amendment to the Subdivision Improvement Agreement for Western Park and Orchard Park to, among other things, facilitate acceptance of Western Park prior to the acceptance of Orchard Park; and
WHEREAS, on August 15, 2023, by Resolution No. 2023-164, City Council accepted improvements for Western Park; and
WHEREAS, Subdivider has asked the City to accept the completed improvements as relat
ed to Orchard Park and release to the Subdivider the improvement security furnished by the Subdivider for the Orchard Park improvements; and
WHEREAS, the City Engineer has inspected the completed improvements for Orchard Park and has determined that Subdivider has constructed the Orchard Park improvements in conformity with approved plans and specifications and has submitted record drawings of the improvements; and
Resolution 2024-____

WHEREAS, as such, pursuant to TMC section 12.36.110, the City seeks to accept the Orchard Park improvements as complete; and
WHEREAS, with the Orchard Park improvements complete, the City also seeks to file a No
tice of Completion pursuant to Civil Code sections 8184 et seq. for th e Orchard Park improvements with the San Joaquin County Recorder’s Office and authorize the City Engineer to release the bonds relating to the Orchard Park improvements in accordance with the terms of the Fi
rst Amendment to the Subdivision Improvement Agreement and the California Civil Code; now, therefore, be it
RESOLVED: That the City Council of the City of Tracy, by resolution, hereby accepts the improvements for Orchard Park within Ellis Town and Country, Tract 4007, constructed by LS- Tracy, LLC, and accepting future maintenance and repair of the Orchard Park Site; and be it FURTHER RESOLVED: That the City Council authorizes the City Clerk to file a Notice of Completion for Orchard Park and record said Notice with the San Joaquin County Recorder’s Office; and be it
FURTHER RESOLVED: That the City Council authorizes the Ci ty E ngineer to release the Orchard Park improvement security in accordance with the terms of the Subdivision Improvement Agreement, as amended, and the California Civil Code; and be it FURTHER RESOLVED: That the City Council hereby determines that the actions taken herein
were adequately analyzed by that certain Environmental Impact Report for the Modified Ellis Project, State Clearinghouse Number 2012022023, certified by City Council Resolution No. 2013-011, and no further environmental review is required. * * * * *
* * * * * * * * * * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on the 19th day of March 2024 by the followi ng vote:

AYES:

NOES:

ABSENT:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
______________________________
NANCY D. YOUNG
Mayor
of the City of Tracy, California
ATTEST:
_________________________

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
March 19,
2024
Agenda Item 1.H

RECOMMENDATION
The Planning Commission recommends that the City Council receive the 2023 Annual Progress Report for the General Plan and Housing Element as required by the State Office of Planning and Research and Housing and Community Development Department regarding the implementation progress of the Tracy General Plan and the Housing Element.

EXECUTIVE SUMMARY
State law (Government Code Section 65700 and 65400) requires jurisdictions to submit an Annual Progress Report (APR) regarding the implementation progress of their General Plans and the Housing Elements respectively to the Office of Planning and Research (O PR) and California Department of Housing and Community Development (HCD) by April 1 of the following year. Legislation adopted in 2017 has expanded the scope of the APR and makes cities
who fail to submit an APR for two consecutive years subject to s treamlined approvals for certain affordable infill housing projects qualifying under the new legislation. State law furth er requires that the APRs be provided to the local legislative body a t a public meeting during which the public is given the opportunity to provide written and oral comments before or after submission to the State but no later than April 1 of each year reporting on the prior calendar year’s activities.

This item asks Council to receive the APR for reporting year 2023 prior to submission of the report to OPR and HCD by April 1, 2024.

BACKGROUND AND LEGISLATIVE HISTORY
State law (California Government Code 65300) requires jurisdictions to adopt a comprehensive, long-
term General Plan for its physical development and th at of land outside its boundaries that bears a relationship to the jurisdiction’s planning activities. Government Code Secti on 65302 mandates that certain topics or “elements” be included in the General Plan including land use, circu
lation, conservation, open space, noise, sa fety, and housing. In addition to housing being a required element in the General Plan, the housing element is required to be updated every five t
o ei
ght years.

The City of Tracy’s General Plan, adopted in 2011, provides a vision for the future and establishes a framework for
how Tracy anticipates growing and changing over time. The City’s Housing E
lement was adopted in March 2016 for the reporting period of 2015-2023 in accordance with the housing element update cycle for jurisdictions in the San Joaquin Council of Governments region. The Housing Element contains an identification and analysis of pr
ojected housing needs and the City’s goals, policies, and objectives regarding the preservation, improvement, and development of housing.

Government Code Section 65400 requires that pl anning agencies provide an annual report to their legislative body, OPR, and HCD on the status of the City’s General Plan and its implementation progress on or before Apri l 1 each year that contains the following

information for the previous calendar year (January 1 – December 31):
• The status of the City’s General Plan and the progress of its implementation, and • The degree to which the General Plan complies with the OPR’s guidelines and the date the General Plan was last revised, and
• Information on housing development activity, including the local agency’s progress in Agenda Item 1.H
March 19, 2024

meeting its share of regional housing needs and its progress on implementation of the Housing Element Programs, and any spent HCD funds (Local Early Action Planning Grant).

ANALYSIS
The Planning D
ivision of the Development Services Department compiled information provided by various City departments to prepare the City of Tracy Annual Progress Report for Reporting Year 2023, which is comprised of two parts. The first part is the progress report on the implementation of the General Plan; this was prepared in accordance with the guidelines for the General Plan’s Annual Progress Report issued by the OPR (Attachment A). The second part is the Annual Housing Element Progress Report which summarizes the amount and type of residential building permits that were issued in 2023 (Attachment B) which must be completed in the form provided by HCD in accordance with HCD’s reporting instructions (Attachment C).

Progress Report on Implementation of the General Plan
The City’
s General Plan APR is the first part of the Annual Progress Report following the introduction. It is presented in a table format organized by General Plan Element, the objectives and corresponding action items within each Element, and a description of the implementation status for each action item for the reporting year of 2023. A number of these action items have been completed or are currently in process, whereas a majority are continuously ongoing. Some of the larger projects that made progress in 2023 and will continue in 2024 include the Downtown Plan, Roadway Master Plan, Transportation Master Plan and Water Master Plan.

Additionally, the ten-year Economic Development Strategic Plan was adopted, the 2023-2024 fiscal year Capital Improvement Plan was adopted, and the Emergency Operations Plan was updated in 2023. Additional details can be located in Attachment A.

Progress Report on Implementation of the Housing Element The second p
art of the City’s APR summarizes housing development activity that occurred during the reporting year and includes City’s progress in meeting its regional housing needs allocation (RHNA) as identified in the City’s Housing Element. The residential building permits issued in 2023 and the remaining amount of housing needs allocated to the City of Tracy by HDC are broken into various income categorizes as follows:

Above-
Moderate Moderate Low-
Income
Very-low
Income Total
Residential Building Permits
issued 2023 245 10 2 0 257
Remaining RHNA units 0 500 703 980 2,183
In addition to the residential building permits issued, this report also contains data on housing activity applied for, approved, issued, and constructed in the reporting year, in accordance with the reporting instructions prepared by HCD (Attachment C). The form of this report was prescribed by HCD and the form is updated by HCD each year in accordance with any new legislature passed. In 2023, HCD updated the Annual Element Progress Report form and instructions with the following additional information now required to be reported:
• Requirement to report whether housing developments reported on the APR were subject to either a ministerial or discretionary approval process. • Requirement to report any housing development that utilized streamlining provisions.

Agenda Item 1.H
March 19, 2024

While no projects utilized streamlining provisions in 2023, information regarding how the permits were approved (ministerial or discretionary) has been included in this year’s report.

Status of Citywide General Plan Update and Housing Element Update Unrelated to this APR, the City is initiating work on an update to the City’s General Plan and is preparing an update to the General Plan Housing Element. Cities’ Housing Elements are required to be revised and updated once every eight years. It is the only element of the General Plan required by State law to be updated on a regular basis. Except for the Housing Element, General Plans undergo periodic amendments over time and are typically updated, in whole, much less frequently than the Housing Element.

The City’s Draft Housing Element was sent to the State Housing and Community Development Department (HCD) for its 90-day review in November 2023. State HCD responded with a comment letter in February 2024. The City is now preparing responses and minor amendments to the Draft Housing Element for review by HCD. Once HCD is sufficiently satisfied that the Draft Housing Element substantially complies with State law, public hearings will be scheduled for the Planning Commission and then the City Council for review and consideration. The February 2024 HCD comment letter and a description of the Housing Element Update status are contained on the City’s Housing Element Update website:
tracyheu2023.weebly.com.

Regarding the Citywide General Plan update, the City started with the Housing Element and is continuing with Zoning Map and General Plan Map amendments to implement the policies anticipated for adoption in the Housing Element, particularly rezoning approximately 200 acres to accommodate higher residential densities as required by new State law. Along with the rezonings project, four General Plan elements will be revised or adopted (Circulation Element, Safety Element, Land Use Element, and an Environmental Justice Element) that will be necessary as part of the amendm ents for the Housing Element. Furthermore, the City is separately pursuing an amendment to the Sphere of Influence (part of the General Plan) on the west side of the City. As these items are concluding, the City will initiate the remainder of the comprehensive General Plan Update.

FISCAL IMPACT
Staff resources used to prepare these reports are covered by the City’s General Fund.

PUBLIC OUTREACH / INTEREST
This report is provided at the March 19, 2024 public meeting in accordance with State requirements.

COORDINATION
The Planning Division managed the preparation of the APR and coordinated with the Building Division, the Engineering Division, the Economic Development Division, the Police Department and Code Enforcement Division, the Parks & Recreation Department, the Cultural Arts Division, the Operations and Utilities Department, and the South San Joaquin County Fire Authority to complete various portions of the APR.

Agenda Item 1.H
March 19, 2024

PLANNING COMMISSION
The 2023 Annual Progress Report was received by the Planning Commission on March 13, 2024, and recommended that the City Council receive the 2023 Annual Progress Report for the General Plan and Housing Element prior to submission to the California Department of Housing and Community Development on or before April 1, 2024, as required by California Government Code
Sections 65700 and 65400.

CEQA DETERMINATION
This preparation of the Annual Progress Report is not a project under the California Environmental Quality Act and therefore no further action is required.

STRATEGIC PLAN
This agenda item is a routine operational item and is not related to the Council’s Strategic Priorities.

ACTION REQUESTED OF THE CITY COUNCIL
The Planning Commission recommends that the City Council receive the 2023 Annual Progress Report for the General Plan and Housing Element required by the State Office of Planning and Research and Housing and Community Development Departm ent regarding the implementation progress of the Tracy General Plan and Housing Element.

Prepared by: Genevieve Federighi, Interim Senior Planner Reviewed by: Scott Claar, Interim Assistant Director of Development Services Sara C
owell, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager / Interim Director of Development Services Approved by
: Midori Lichtwardt, City Manager

ATTACHMENTS
Attachm
ent A – 2023 Annual Progress Report General Plan Table
Attachment B – 2023 Annual Housing Element Progress Report Table Attachment C – Housing Element APR Instructions for Calendar Years 2018-2023 City of T
racy Annual Progress Report
Reporting Year 2023
Attachment A
2 of 2
Introduction

The City of Tracy General Plan was adopted on February 1, 2011 and provides the City with direction through the year 2025. The General Plan contains the Land Use Element, the Community Character Element, the Economic Development Element, the Circulation Element, the Open Space and Conservation Element, the Public Facilities and Service Element, the Safety Element, the Noise Element, and the Air Quality Element. Each element contains goals, objectives, policies, and action items to guide development within city limits and growth within the sphere of influence as properties in the sphere annex into the City. These elements address all the required contents of a General Plan as mandated by Government Code section 65302(a) and OPR guidelines that were applicable at the time of its adoption.

Adopted at the same Council meeting as the 2011 General Plan and published in a separate document is the City’s Sustainability Action Plan, a comprehensive strategy to achieve communitywide sustainability in the sectors of greenhouse gas emissions, energy, transportation and land use, solid waste, water, agriculture and open space, biological resources, air quality, public health, and economic development. The goals and measures in the Sustainability Action Plan further the environmental goals identified in the General Plan.

The Tracy General Plan has been amended overtime since its initial adoption. The latest revision to the General Plan was adopted on December 6, 2022 for a change to the Land Use Element regarding the land use designation of a property to accommodate a parking area for a previously-approved apartment complex (Ordinance 1334).

The City of Tracy Housing Element was published under separate cover and was adopted on March 15, 2016 for the period of January 1, 2015 through December 31, 2023 and was subsequently certified by the Department of Housing and Community Development.

In January 2022, the City began the process of updating the City's Housing Element for the 6
th Housing Element cycle. The City also plans to begin a process to comprehensively update the Tracy General Plan and Sustainability Action Plan in the near future.

The purpose of this report is to give an update on the progress in implementing the City of Tracy General Plan for the reporting year of 2023. Tracy’s 2023 Annual Element Progress Report detailing the City’s implementation of the Housing Element is included in this report in the format required by California Department of Housing and Community Development (HCD). This report is presented to the Tracy City Council at a public meeting held on March 19, 2024.

General Plan Action Items Report
General Plan
Element Objective Action Item 2022 Status Notes
A1. Amend the zoning code and map for overall consistency with the General Plan. Rezoning is an on-going effort site-by-site for conformity with the land use designation established by the General Plan.

A.2 Initiate process to adjust Sphere of Influence proposed in this General Plan with the Local Agency Formation Commission (LAFCo) and with the community members in the affected areas. On-going. Reviewed on a project-by-project basis.

A.3 Conduct a formal review the General Plan every five years, or more frequently if necessary.

In particular, the Land Use Designation Map should be reviewed to ensure that the amount and location of land designated in various categories meets community goals.

On-going. In January 2022, the City began the process of updating the City's Housing Element and contracted with Veronica Tam & Associates and Michael Baker & Associates to assist with preparing the update in accordance with HCD policies. In June 2022, the City Council allocated a budget for a comprehensive update of the General Plan (CIP# 71120).

A.4 Take actions necessary to ensure that Specific Plans are in conformance with the General Plan.

Will be done as necessary.

LU-1.4 Promote efficient
residential development
patterns and orderly expansion
of residential areas to maximize
the use of existing public
services and infrastructure.

A1. Develop criteria or amended criteria for inclusion in the GMO Guidelines or other implementation tools, to guide the issuance of RGA's. Such criteria may include assigning new or modified priorities to development projects or areas based on location, mix of housing types, use of "green" building features and practices, and other factors.

On-going. On February 4,2020, the City Council identified a 16-point action plan to address affordable/workforce housing, which will be funded by grants obtained by the City the (Local Early Action Planning grant (LEAP) and SB2 Planning grant). The City hired PlaceWorks, Inc. in 2021 to help guide the City through adoption of related Code and policy amendments.

A1. Prepare a Downtown Urban Design and Specific Plan.

The City is preparing a Downtown Plan to support downtown revitalization and the Valley Link project. Progress during 2023, included updating the project website, conducting a community survey, and preparing a market study and development feasibility analysis.

A2. Continue the Central Business District (CBD) Downtown in-lieu parking fee and the Downtown Incentive Area.

The CBD Zone Parking In-Lieu Fee Pilot Program is active through October 26, 2025 (Resolution 2019-160).

A3. Develop short- and long-term parking strategies to address parking issues, including the evaluation of a parking garage to serve the Downtown.

The Tracy City Center Association (TCCA) conducted a survey to assess availability of parking during the summer months and school year in 2019. On July 16, 2019, TCCA presented short, medium, and long-term parking recommendations to the City Council. The Council directed staff to work with TCCA to explore these concepts further, and no changes to downtown parking policies occurred in 2023.

A1. Conduct a review as necessary of areas that are subject to flooding, as identified in flood plain maps prepared by the Federal Emergency Management Agency (FEMA) (Figure 8-1 in the Safety Element) or the Department of Water Resources (DWR).

Will be done as necessary.

A2. Amend the Land Use Element as necessary to reflect any new flood plain maps when provided by FEMA or DWR.

Will be done as necessary.

A1. Provide written comments to San Joaquin County on all proposed significant development projects in the Planning Area in accordance with the above-stated policies.

The City regularly communicates with San Joaquin County on proposed development projects.

A2. Testify in opposition to development proposals that are not consistent with the policies stated herein at all San Joaquin County public hearings.

On-going. Done as necessary, none in 2023.

A3. Pursue an intergovernmental agreement with San Joaquin County to the extent legally permissible to implement the above-stated goals.

The City regularly communicates with the County.

LU-9.1 Undertake measures to
reduce greenhouse gas
emissions and improve the
sustainability of actions by City
government, residents, and
businesses in Tracy.

A1. Implement the Sustainability Action Plan and monitor its effectiveness as funding allows, ideally every five years, by conducting a greenhouse gas emissions inventory. Adjust the Sustainability Action Plan as needed every five years and as funding allows based on these calculations to ensure that the City is on track to meet its greenhouse gas emissions reduction target.

The City's first greenhouse gas (GHG) emission inventory was done for baseline year 2006 and updated for year 2010. In 2019, the City began working on updating the GHG inventory using year 2018, but it has not yet been completed due to lack of data and resources.

CC-1.3 Enhance the unique
quality of the city through the
use of art and entryway
treatments.

A1. Implement the entry monument recommendations of the City's Civic Art Plan. Completed prior to the reporting year.

CC-1.5 Provide underground
utilities throughout Tracy.

A1. Use of funding available through the Public Utilities Commission to underground utilities in parts of the City that have above-ground utilities shall be continued.

City Council approved an undergrounding district on Valpico Road between Corral Hollow and Cagneey Road. Process to underground utilities in this area have been initiated. City is also conditioning new development to underground overhead utilities on an on-going basis.

CC-3.1 Identify and preserve
cultural and historic resources.

A1. Update, expand and maintain inventories of Tracy's historic resources, using criteria and methods that are consistent with State and federal guidelines.

On-going as feasible.

CC-5.2 Size and design
Neighborhoods to be walkable.

A1. Conduct a study to modify and narrow residential street standards from the current width requirements. The goal will be to reduce vehicle speeds, improve visual character and increase pedestrian safety in neighborhoods while also maintaining traffic flow.

Completed prior to the reporting year.

CC-6.2 Design neighborhoods to
foster interactions among
residents and to be responsive
to the human scale.

A1. Develop design guidelines or pattern book(s) that ensure that overall neighborhood and housing design promotes the urban design principles set forth in the Community Character Element and enhances Tracy's "hometown feel."
Completed prior to the reporting year. The document titled City of Tracy Design Goals and Standards, most recently updated by the City Council in 2019, is implemented with every private development project application.

Land Use

LU-1.1 Establish a clearly defined
urban form and city structure.

LU-5.1 Target new uses for the
Downtown to reinforce its role
as the heart of the City.

LU-6.4 Ensure that development
conforms to flood safety
requirements.

LU-8.1 Participate proactively in
land use decision making within
Tracy's Planning Area in pursuit
of the above-stated goal.

General Plan Action Items Report
General Plan
Element Objective Action Item 2022 Status Notes
A1. Continue proactive code enforcement and nuisance abatement programs to ensure that Tracy's neighborhoods remain attractive and free of public nuisances.

On-going. The City's Code Enforcement Division merged with the Police Department in 2019 to provide Code Enforcement with additional resources and authority.

During mid-2021, the Parking Enforcement unit, which was originally under the Traffic Division, merged with the Code Enforcement Division. The Parking Enforcement unit consist of two (2) part-time Parking Interns who are responsible for addressing parking violations and abandoned/junk vehicles located in the public streets within City jurisdiction. The Parking Enforcement Division opened/investigated 1177 cases and closed 1143 cases during 1/1/23 through 12/31/23. The Code Enforcement Division opened/investigated 1253 cases and closed 1252 cases during 1/1/2023 through 12/31/2023. Of these total cases, 88 of these were associated with encampments (this does not include the posted and scheduled encampment clean-ups that were conducted 3 days per week in City jurisdiction). Lastly, Familiar Faces joined the Tracy Police Department in 2023 to offer and provide services to the unsheltered on a daily basis.

A2. Work collaboratively with homeowners associations and other community groups to address nuisances, eliminate blight and ensure that community aesthetic standards are maintained.

Homelessness remains a primary focus of the City in 2023. A total of 65 reported encampments were investigated in which one Code Enforcement Officer spends 85% of her work schedule dedicated to addressing encampments. Furthermore, encampments are posted and scheduled for cleanup three times per week (every Monday, Wednesday and Thursday). Operation Helping Hands (OHH) which is an outreach program consisting of various City, County, Veterans, and other resources such as Familiar Faces would visit the unsheltered population twice a month to offer and provide services. No Orders to Vacate Notices were issued for dangerous and substandard buildings; no unsafe buildings were demolished; 92 Notice and Orders were issued; 154 Orders to Abate or Show Cause were issued for nuisances on private property; and 345 Administrative Citations were issued for non-compliant properties with fees ranging from $100 to $500 each, totaling $170,700. The Code Enforcement Division held seven (7) Administrative Hearings before a Hearing Officer, and no appeals were received involving building code violations, which are heard by the Building Board of Appeals. Three (3) inspections associated with marijuana grow operations were conducted; and seven (7) inspections of substandard buildings related to structure fires were performed.

CC-8.2 Preserve the historic
character of the Downtown. A1. Continue to implement streetscape improvements in the Downtown. On-going as resourses allow.

A1. Prepare a Downtown Urban Design and Specific Plan that incorporates the Downtown Urban Design and Implementation Plan (August 2000).

On-going. Staff is currently working on a draft of the Downtown Plan to be presented to the City Council once completed.

A2. Continue to implement the Downtown Urban Design and Implementation Plan, Grand Theater project, Civic Center project, Downtown Infrastructure and Streetscape project and the Multi-Modal Station project.

Aside from the Downtown Plan (as explained above), all were completed prior to the reporting year.

A1. Create a marketing and communications program to promote Tracy to the region, the Bay Area, and the nation, based upon the recommendations in the City's Economic Development Strategy.

On-going. The Economic Development Division regularly attends trade shows, meets with businesses, puts out articles and advertisement in industry publications, and works with landowners, developers, and brokers to market Tracy. Additionally, the City has established a Quarterly Economic Development newsletter.

A2. Evaluate the Strategic Plan, including "targets" on the periodic basis.

The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective and action item for future implementation.

A3. The City shall explore ways to provide incentives to attract higher-wage jobs to the City.

The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective and action item for future implementation.

A1. Continue to provide business assistance services, including visitation to existing businesses.

On-going. The Economic Development Division frequently meets with existing businesses to provide business expansion, hiring, workforce training, market trends, and financing incentives to local businesses.

A2. Publicize local businesses success stories in the City Newsletter.

The Economic Development Division has established a quarterly Economic Development newsletter sharing highlights of new businesses and business resources.

A1. Publish and distribute a document that effectively outlines permitting and licensing procedures and fees.

On-going, Economic Development is collaborating with local partner agencies, including the Tracy Chamber of Commerce and San Joaquin County Worknet to develop
A2. Maintain a centralized economic development and land information system. The Economic Development Division entered into an SaaS Agreement with Bludot.io, an Economic Development Customer Relationship Management (CRM) software.

A3. Monitor "cost of doing business" in Tracy relative to the Bay Area and the Central Valley to keep apprised of Tracy's competitive position.

On-going.

A4. Investigate the use of incentives to assist in attracting key higher-end office and industrial users.

The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective and action item for future implementation.

ED-4.1 Ensure an adequate,
balanced supply of all land uses
for future economic
development.

A1. Monitor current and future land supply needs for industrial, office and retail growth.

On-going. The City executed a contract with CoStar, a leading provider of commercial real estate information & analytics to monitor local property availability and lease activity. It also continues to utilize services from GIS and engages local commercial brokers on vacanies and/or opportunity sites.

A1. Expand the Downtown Revitalization Task Force.

The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective and action item for future implementation.

A2. Monitor and evaluate parking and pedestrian improvements. On-going as feasible.

A3. Develop benchmark statistics on the Downtown to identify opportunities for expansion.

Examples of benchmark statistics include vacancy rates, rental rates, merchant mix and sales tax revenues.

The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective for future implementation.

Economic Development will support the Tracy City Center Association in adopting Main Street Program principles to support expasion of Downtown Tracy as a regional destination.

ED-6.7 Develop higher-end
office and office-flex uses,
particularly along entryways to
the City along I-205 and I-580.

A1. Work with developers to identify and implement various State incentives that may be available to qualified employers. On-going.

A1. Survey businesses to identify additional workforce preparedness needs.

On-going. The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective for future implementation.

Economic
Development
Com
munity
Character
Com
munity
Character CC-8.3 Revitalize the Downtown
by strengthening its urban
design character.

ED-1.1 Attract emerging growth
industries in order to increase
employment opportunities for a
wide range of skill levels and
salaries to meet the current and
future employment needs of
residents.

ED-2.1 Assist and encourage
existing businesses to expand
within the City.

ED-3.1 Continue to foster a
supportive business
environment by providing clear
and consistent development
standards, procedures, and
information on available City
services for businesses.

CC-6.3 Preserve and enhance
the character of existing
residential neighborhoods.

ED-6.1 Support and expand
Tracy's Downtown for a wide
range of uses.

ED-7.1 Identify and improve
workforce training to support
business expansion and
i Page 2 of 6
General Plan Action Items Report
General Plan
Element Objective Action Item 2022 Status Notes
A2. Consult with institutions of higher learning, regional partnerships, and state agencies dedicated to workforce issues (e.g., California Employment Development Department).

On-going. The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective for future implementation.

A1. Create database of economic conditions and indicators such as job growth by sector (North American Industry Standard Classification), skill sets of employed residents (Labor Market Survey), employment by industry, lease rates, land costs, operating expenses and relevant legislation.

On-going. Economic Development Division staff continues to track various citywide and regional data sources and publish key performance indices in various marketing, newsletters, data through Economic Development databases including CoStar and ESRI, and other communications.

A2. Publish annual reports of recent economic trend (e.g., "State of the City"). On-going. State of the City is tentatively scheduled for May 2024.

A3. Conduct surveys on the economic climate and conditions in Tracy.

The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023, which included the assessment of the current clminate, identifications of the strengths, weaknesses, opportunities, and threats in Tracy, and the development of a strategic framework and roadmap to enhance economic development and community resiliency.

A4. Continue to expand network of research tools to assist with identifying industry trend to include site selectors, interviews with businesses in target industries, brokers, investors, developers, as well as industry associations.

On-going. The City of Tracy adopted a ten-year Economic Development Strategic Plan in September of 2023 that aligns with this objective for future implementation.

ED-9.1 Maintain and enhance
the financial viability of the City.

A1. Maintain impact fees for new development to cover costs of providing public facilities and services.

On-going. Every new development is responsible for funding their impact fees for their projects. Some developers are conditioned to build public facilities.

A1. Update the Roadway Master Plan upon adoption of the General Plan. The Roadway Master Plan should contain the following information: -Improvement needs and ultimate right-of-way for 50 years, based on development anticipated by the General Plan and foreseeable development based on proposed projects, current absorption rates for nonresidential properties and historical population growth rates. -Appropriate street classifications for arterial and collector roadways as well as innovative concepts such as boulevards and other roadway types not currently employed in the City of Tracy. These roadway designs should reflect context- based design principles. -Detailed connectivity standards for arterials, collectors, and local streets. These connectivity standards should further refine minimum and maximum spacing of facilities and traffic control devices identified in the Roadway Classification Standards in Section B of this Element.

The Roadway Master Plan is currently being updated.

A2. Prepare Precise Plan Lines studies for major new roads and widenings, and consult with Caltrans for new interchanges identified in the Roadway Master Plan in order to define the rights-of-way needed to construct further facilities.

These were completed pursuant to the current Roadway Master Plan, and it's expected these will be updated based on the updated Master Plan when it is complete.

A3. Consult with San Joaquin and the City of Lathrop to ensure the adequate rights-of-way are preserved in the City's Sphere of Influence.

On-going.

A1. Evaluate the performance of the roadway system or portion of the roadway system on an as- needed basis based on existing traffic volumes, LOS and other traffic operational issues, and accident locations.

On-going.

A2. Maintain an up-to-date record of intersections exempted from the City's LOS standards. No intersections are exempted from City LOS.

A1. Update the truck route designations periodically as needed. On-going as needed.

A2. Maintain a map of truck routes in the City. Completed prior to reporting year.

A1. Monitor and record accident locations and prepare a regular summary of accident locations. On-going. Reports are prepared for collision data by intersection on a quarterly basis.

A2. Explore traffic calming techniques for existing areas of the city. On-going as needed.

CIR-2.1 Support regional
planning and implementation
efforts to improve interregional
highways and interregional
travel efficiency.

A1. Prepare a plan line study that identifies and preserves necessary right-of-way north of I-205 within the City of Tracy that allows the future construction of a route parallel to I-205.

This correlates with a previous regional effort that is no longer being pursued. The City anticipates that the future extension of Golden Valley Parkway in Lathrop to be a path connecting Arbor Ave, Larch Road and Pavilion Parkway and this will run approximately parallel to I-205 on the north side of the freeway. The City is not anticipating to preserve or identify any other alternative path.

CIR-2.2 Discourage interregional
travel from diverting from
freeways onto Tracy streets.

A1. Conduct a study to quantify the level of traffic diverting from I-205 onto Tracy roadways. Completed as part of the traffic model being done for the Roadway Master Plan update. The final document is anticipated to be presented to City Council in 2024.

A1. Update the City of Tracy Bikeways Master Plan on an as-needed basis.

The Bikeways Master Plan update began in mid-2019. This update has been completed and is part of the Citywide Roadway and Transportation Master Plan Update that will be presented to City Council in 2024.

A2. Update the City of Tracy Roadway Master Plan to include bicycle routes. Included in the final Citywide Roadway and Transportation Master Plan Update which will be presented to City Council in 2024.

A3. Maintain a map of existing bicycle facilities in the city. Completed prior to reporting year.

A4. Incorporate bicycle and pedestrian facilities into the roadway design standards of the Roadway Master Plan.

City standards have been amended to include bikeway design standards in 2020.

The Citywide Roadway and Transportation Master Plan Update has incorporated bikeway guidelines for the City.

A5. Seek local, State and federal funding for bicycle improvements identified in updates to the Bikeways Master Plan.

On-going as available.

A6. Improve city-wide pedestrian access as funding becomes available. On-going as feasible.

A1. Maintain transit facility design guidelines that clearly specify expectations for all types of development.

On-going. When transit system improvements are needed in new development areas, they are communicated to project applicants and implemented as part of the project or as conditions of approval.

A2. Maintain a map of existing transit facilities in this city. On-going.

CIR-4.2 Work to achieve
connectivity between all modes
of transportation.

A1. Create a Multi-Modal Transportation Master Plan that addresses the movement of people, goods and services within the City and from the City to the surrounding region. Modes of travel that should be included in this Master Plan include: automobile, transit, freight, air, bicycle, and pedestrian transportation. The plan shall consider short-term and long-term actions to preserve rights-of-way for future transportation options, such as light-rail.

These concepts, including the Valley Link rail plan, are incorporated into the Roadway Master Plan, which was drafted in 2021 and expected to be presented to City Council in 2024.

A1. Update the Parks Master Plan on a regular basis. Completed prior to reporting year.

A2. Expand partnerships with the school districts that operate within the Planning Area to enhance and create new joint use facilities.

On-going. The City regularly coordinates its parks and open space near schools for joint use opportunities.

Circulation

attraction.

ED-8.1 Create and implement an
ongoing monitoring system to
track economic vitality, identify
changing conditions, and
respond to rapidly new
economic development
opportunities.

CIR-1.1 Implement a hierarchical
street system in which each
street serves a specific, primary
function and is sensitive to the
context of the land uses served.

CIR-1.3 Adopt and enforce LOS
standards that provide a high
level of mobility and accessibility
for all modes for residents and
workers.

CIR-1.4 Protect residential areas
from commercial truck traffic.

CIR-1.6 Maximize traffic safety
for automobile, transit, bicycle
users, and pedestrians.

CIR-3.1 Achieve a
comprehensive system of
citywide bikeways and
pedestrian facilities.

CIR-4.1 Promote public transit as
an alternative to the automobile.

OSC-4 Provision of parks, open
space, and recreation facilities
and services that maintain and

General Plan Action Items Report
General Plan
Element Objective Action Item 2022 Status Notes
A3. Explore the development and funding of a regional park, possibly 60 to 100 acres in size, that includes both passive and active recreational amenities.

On-going. The Nature Park Master Plan and associated environmental review was adopted by the City Council in February 2021.

OSC-4.2 Ensure that new
development is responsible for
providing parks and recreation
facilities throughout the City of
Tracy.

A1. Conduct the required studies to implement the increased parks standard.

On-going. The Parks Master Plan (PMP) is the governing document that establishes goals related to level of service in our park system. The City has completed an update to the PMP which includes modernizing the standards for level of service based on existing conditions in our community. This includes setting standards and goals for things such as walking distances to neighborhood and community parks.

OSC-4.3 Establish a regional
linear parkway system that
meets recreational, open space
and transportation needs.

A1. Work with San Joaquin County to explore creating a large recreational area between the City and Mountain House which can serve as a community separator as well as provide valuable needed recreational facilities to both communities.

The City worked with San Joaquin County to explore this opportunity during a previous reporting year, but the County did not have the available capital funds. The Nature Park project will, once built, satisfy the need for open space.

A1. Prepare a comprehensive plan for areas outside of the City that identifies important areas for non-urban uses, analyzes appropriate methods of preserving agricultural and non-urbanized land, develops funding mechanisms for the purchase of land or agricultural easements and identifies methods of administration. This study should include, but is not limited to, the following: -An analysis of the impact that open space programs would have on the cost of housing. -The feasibility and advisability of the Holly Sugar property forming the base for an open space program and/ or be part of such a program. -The identification of alternate funding tools for open space. -An evaluation of alternate methods of preserving open space, such as the purchase of property or development rights, buying the first rights of refusal in the event of a potential sale or developer dedication. -Development of specific policies guiding the purchase of undeveloped lands including only purchasing land from willing land owners, respecting the rights of property owners when seeking to purchase open spaces for the public good and paying fair market value based on third-party appraisals of land. -A survey to determine the public's interest in open space programs and preferred methods for paying for the purchase and maintenance of open space. Specific information on the public's desire to increase sales, property and parcel taxes or issue General Obligation bonds to pay for the acquisition and maintenance of open space lands should be included in the study. -An analysis of an open space dedication requirement for all new residential development projects.

This is being done as part of the Parks Master Plan update, which includes identifying the 1000-plus acres of open space near the Legacy Fields Sports Complex.

A2. Partner with non-profit organizations, such as the Central Valley Farmland Trust, to identify and purchase land and easements within the Planning Area.

On-going. Project applicants are required to participate in the City’s agricultural mitigation fee program by paying the established fees to the City on a per-acre basis for the loss of important farmland. Fees paid toward the City’s program are collected and distributed to the Central Valley Farmland Trust, which are used to fund conservation easements on comparable or better agricultural lands to provide compensatory mitigation.

A3. Pursue a cooperative effort with the City of Lathrop and San Joaquin County to implement an open space community separator program.

Not yet begun.

A1. Study programs that encourage "green" building, such as the LEED (Leadership in Energy & Environmental Design) program developed by the US Green Building Council, and consider code amendments that encourage "green" construction.

The California Building Standards Commission mandates that all jurisdictions within the state enforce the California Code of Regulations Title 24 part 6 and part 11 (specifically the California Energy Code and the California Green Building Standards Code). The City of Tracy locally adopts and enforces these codes.

A2. Develop a program to educate the public about energy efficiency technologies and practices for homes and businesses, such as solar panels and low-energy appliances.

The City regularly educates property owners and developers through its typical development and plan check review processes for new construction and all remodel work.

A3. Partner with public utilities to establish and promote a program for home weatherization and solar retrofit.

The City has partnered with various agencies in the past in relation to particular energy-saving/green programs.

A4. Develop design guidelines for residential construction to address the placement of solar panels.

Title 24 does have some requirements that regulate the location of solar panels.

Staff regularly works with design professionals on panel locations to ensure appropriate firefighter access and that the greatest efficiency can be gained by avoiding shadowing by structures/trees/objects as well as taking into consideration building orientation.

A1. Develop emergency contingency energy plans, in cooperation with other local agencies and regional suppliers, to assure needed energy supplies and significant reduction in non-essential consumption during periods of abrupt energy shortage.

Completed prior to reporting year in coordination with PG&E.

A2. Develop or otherwise make available information to developers and citizens on energy efficient and conserving building design and technologies, including enhanced wall and ceiling insulation, thermally efficient glazing, and efficient heating and cooling equipment and household appliances.

The City frequently has conversations with interested homeowners, contractors, building owners, business owners or designers at the front counter or during video meetings and during the plan check or inspection process. Pr imarily, however, the
plans examiner is enforcing the state requirements as it relates to such energy saving during the plan review process with the project applicant or designer.

A3. Review, and revise if necessary, the zoning ordinance and building codes, to allow for a variety of energy efficiency technologies so long as the revisions do not adversely impact human health or safety or conflict with other goals in this General Plan.

On-going. The building codes allow for a variety of energy efficient technology as long as such does not adversely affect the intent of the mandated codes.

A4. The City shall consider requiring green building standards, such as obtaining LEED or similar certification, as a requirement for new or substantial renovations to public buildings.

The City explored this but ultimately did not implement requirements for specific certifications. Additionally, the new 2022 California Energy Code that went into effect January 1, 2023 requires that all new residential homes have photovoltaic panels to completely offset any electrical load in the use of the home. The 2022
California Energy Code will additionally require certain new non-residential buildings to have both photovoltaic systems and energy storage systems. Th ese new requirements went into effect on January 1, 2023.

PF-1.2 Promote coordination
between land use planning and
fire protection.

A1. Maintain an on-going fire and life safety inspection program for all commercial and industrial buildings. On-going and maintained by the South San Joaquin County Fire Authority (SSJCFA).

PF-2.1 Plan for on-going
management and development
of law enforcement activities.

A1. Annually update the capital improvement plan to indicate the specific use of fee revenues for facilities to accommodate growth.

The FY 2023-2024 capital improvement plan was adopted by the City Council on June 6, 2023.

A1. Provide neighborhood security and crime prevention information and training to neighborhood groups and homeowners' associations.

On-going.

A2. Establish Neighborhood Watch programs that promote mutual assistance and crime prevention techniques among residents.

On-going.

A3. Monitor Tracy's crime rates and types of crime to determine the most appropriate methods to reduce crime in the city.

On-going.

A4. Disseminate information on crime and crime prevention techniques to the community. On-going.

Open Space and
Conservation
Open
Space and
Conservation
Public Facilities and
Services

improve the quality of life for
Tracy residents.

OSC-4.4 To the extent possible,
prevent undeveloped lands
within the Planning Area but
outside of the Sphere of
Influence from developing.

OSC-5.2 Ensure that
development is designed for
maximum energy efficiency.

OSC-5.3 Promote sustainability
and energy efficiency and
conservation through the City's
direct actions.

PF-2.3 Maintain and improve
law enforcement services to
keep up with Tracy's changing
population.

General Plan Action Items Report
General Plan
Element Objective Action Item 2022 Status Notes
A1. Work cooperatively with San Joaquin County to continue to fund the City of Tracy Library. On-going.

A2. Study the feasibility of a Library Impact Fee. Not yet begun.

A3. Identify locations for additional library branches in Tracy.

A Needs Assessment has identified a library/tech space as a desired program element within the Multi-Generational Recreation Center. This project will be located in El Pescadero Park on the north side of Tracy. Staff continues to discuss other opportunities with the City of Stockton who runs our existing library.

A1. Continue the bi-weekly, city-wide collection program to compost leaf and yard waste. On-going.

A2. Continue "grass-cycling" at City parks, public facilities and open spaces. On-going.

A3. Continue residential single-stream curbside recycling. On-going by Tracy Delta Disposal.

A4. Continue the recycling program for electronics waste and tires. On-going.

A5. Develop and maintain a recycling and diversion plan. On-going. The City has a plan for both residential and commercial recycling.

A6. Continue to develop new specialized recycling programs for residential, commercial, office, educational, and retail sectors.

On-going. The City continues to adjust its programs and requirements based on State mandates and customer needs.

A1. Continue weekly curbside trash collection service. On-going by Tracy Delta Disposal.

A2. Continue operation of the Tracy Material Recovery Facility and Transfer Station. On-going.

A3. Partner with San Joaquin County to ensure that there is adequate landfill space to meet projected growth. On-going.

A1. Update the Water Master Plan upon adoption of the General Plan and on a regular basis. The Water Master Plan update was in process throughout 2023 and is anticipated to be presented to the City Council in March 2024.

A2. Revise the water use projections in the Urban Water Management Plan based on development projections contained in the General Plan and the Growth Management Ordinance (GMO).

Completed prior to reporting year.

A3. Implement an Aquifer Storage and Recovery Program to improve water quality for customers.

The Aquifer Storage and Recovery program is ongoing with efforts made to store water in wet years and recover water in dry years to serve its customers.

A1. Review the current water system maintenance program and coordinate planned water main replacements with the Urban Water Management Plan.

On-going efforts to plan and implement the maintenance program with submitted and approved funding.

A2. Update the existing System Control and Data Acquisition (SCADA) system to optimize operational efficiency and ensure coordination of existing and proposed water system facilities.

The Water Treatment Plant SCADA system was updated previously and efforts now are aimed at optimizing operation efficiencies.

A1. Explore incentives for businesses and industries to use recycled water for irrigation.

In 2022, the Recycled Water Program received a $20 million grant to provide additional purple pipe infrastructure connecting to the existing system. This construction will eventually be able to service business and industry, if the City receives approval from the State for this type of non-potable application. The design of the recycle water extension project is at 60 percent.

A2. Develop a program to supply recycled water to all new parks and schools.

On-going. A phase of a major recycled water transmission main was completed in 2023. The next phase is proposed to be by two different developers. The final Water Master Plan update is expected to be presented to the City Council in March 2024.

A3. Update the Water Master Plan to include a recycled water plan.

The 2012 Water Master Plan includes a Recycled Water component. This component should be in the Water Master Plan update was in process throughout 2023 and is anticipated to be presented to the City Council in March 2024.

A4. Develop a plan to irrigate agricultural land with recycled water, both inside and outside of the City's service area, where feasible.

In progress throughout 2023. The final Water Master Plan update is expected to be presented to the City Council in March 2024.

PF-7.1 Collect, transmit, treat
and dispose of wastewater in
ways that are safe, sanitary, and
environmentally acceptable.

A1. Prepare a comprehensive update to the Wastewater Master Plan upon adoption of the General Plan and update on a regular basis. The Wastewater Master Plan shall identify the expected number of additional wastewater facilities, potential locations for those facilities and locations for the land application of treated effluent.

The Wastewater Master Plan update was in process throughout 2023 and the final Plan is expected to be presented to the City Council in March 2024.

A1. Prepare a comprehensive update to the Storm Drainage Master Plan upon adoption of the General Plan. Completed.

A2. Update the Storm Drainage Master Plan on a periodic basis and at least every five years. Staff is in the process of updating the Stormwater Master Plan.

PF-8.2 Provide effective storm
drainage facilities for
development projects.

A1. Revise the Tracy Municipal Code to limit the amount of impervious surfaces in private yards. Completed prior to reporting year (Ordinance 1238).

A1. Continue to participate in the National Flood Insurance Program. On-going.

A2. Continue to implement the City's existing Storm Drainage Master Plan which provides storm drainage conveyance capacity sufficient to contain 100-year flood flows in the rights-of-way of the major public streets and 10-year flood flows within the top of the street curbs.

On-going.

A3. Continue to implement floodplain overlay zones provided by FEMA, control the types of structures and land uses permitted in areas deemed high risk and require these structures be built in a manner that minimizes flood losses.

On-going.

A4. Maintain historical data on flooding. On-going.

SA-2.2 Maintain a high level of
preparedness in the event of
flooding.

A1. Update the General Plan within 24 months of the adoption of the Central Valley Flood Protection Plan (CVFPP) to appropriately reflect the CVFPP and to identify State and local flood management facilities and flood hazard zones.

On-going.

SA-3.1 Evaluate the potential for
wildland fire hazards when
considering new development.

A1. Maintain a current map of areas subject to wildland fires. The South San Joaquin County Fire Authority (SSJCFA) references a map produced by San Joaquin County GIS.

A1. Continue to implement processing procedures and local siting criteria in order to implement relevant and applicable provisions consistent with the hazardous materials and waste management plans for San Joaquin County.

On-going.

A2. Consult with San Joaquin County Office of Emergency Services to maintain an inventory of businesses or facilities involved in the transportation, use and storage of hazardous materials.

On-
going through the SSJCFA Community Risk Reduction Division. Th is division is
responsible for annual inspections of businesses to ensure that the use and storage of hazardous materials (HM) has not modified since its original approval. Fir e
personnel responding to emergencies will connect with the CUPA (SJCO) to ensure they have knowledge of the HM risk at each particular site as it may relate/interfere/create caution/require different approaches to their emergency response.

Public Facilities and
Services
Safety

PF-4.2 Provide sufficient library
service to meet the
informational, cultural and
educational needs of the City of
Tracy.

PF-8.1 Collect, convey, store,
and dispose of stormwater in
ways that provide an
appropriate level of protection
against flooding, account for
future development, and
address applicable
environmental concerns.

SA-2.1 Minimize flood risks to
development.

SA-4.1 Minimize exposure to
harmful hazardous materials and
waste by Tracy residents.

PF-5.1 Reduce volumes of solid
waste generated in Tracy
through recycling and resource
conservation.

PF-5.2 Ensure adequate solid
waste collection and disposal.

PF-6.1 Ensure that reliable water
supply can be provided within
the City's service area, even
during drought conditions, while
protecting the natural
environment.

PF-6.2 Provide adequate water
infrastructure facilities to meet
current and future populations.

PF-6.5 Use recycled water to
reduce non-potable water
demands whenever practicable
and feasible.