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HomeMy WebLinkAbout2021-04-08 Council Agenda PacketThursday, April 8, 2021 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Agenda - Final Regular Meeting April 8, 2021City Council Meeting Agenda - Final PUBLIC ADVISORY: THE CITY COUNCIL CHAMBERS AND CITY HALL WILL NOT BE OPEN TO THE PUBLIC While Emergency Order No. 2020-12 is in effect, City of Fresno public meetings will be conducted electronically and telephonically only. No one will be physically present in the Chambers, and the Chambers will not be open to the public. City Hall remains closed to the public. You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. Members of the public are encouraged to participate electronically because of limited seating in the Chamber due to social distancing. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: April 8, 2021 09:00 AM Pacific Time (US and Canada) Topic: April 8, 2021 Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_SaWq6SGhQQu3gkyAQtRw3Q After registering, you will receive a confirmation email containing information about joining the webinar. b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself. Page 2 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final c) If you wish to address Council during the public comment portion of the agenda, click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to clerk@fresno.gov a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, or the services of a translator, please contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least three business days prior to the meeting. The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID-19 virus. Page 3 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final ASESORIA PÚBLICA: LAS CÁMARAS DEL AYUNTAMIENTO Y EL AYUNTAMIENTO NO ESTARÁN ABIERTAS AL PÚBLICO Mientras la Orden de Emergencia No. 2020-12 esté vigente, las reuniones públicas de la Ciudad de Fresno se llevarán a cabo únicamente de manera electrónica y telefónica. Nadie estará físicamente presente en las Cámaras y las Cámaras no estarán abiertas al público. El Ayuntamiento permanece cerrado al público. Usted pude participar en la junta en el sitio de internet de nuestra ciudad, haga clic en el URL https://fresno.legistar.com/Calendar.aspx y haga clic en el enlace "En progreso" debajo de "video" para la junta correspondiente. La reunión del Consejo también se puede ver en vivo a las 9:00 a.m. en el Canal 96 de Comcast 96 y el Canal 99 de AT&T. Se anima a los miembros del público a participar electrónicamente dado al espacio de asientos limitados en las Cámaras del Consejo dado al distanciamiento social. COMENTARIO PÚBLICO: Las siguientes opciones están disponibles para los miembros del público que desean dirigirse al Consejo de la Ciudad: 1. Comentario electrónico en https://fresno.legistar.com/Calendar.aspx. a) Los eComments (comentarios electrónicos) estarán abiertos durante la reunión del Consejo y se cerrarán al final de la reunión y formarán parte del registro oficial. Se puede acceder al documento de Acuerdo del Usuario y Procedimientos para eComment a través de la URL https://www.fresno.gov/cityclerk/ b) Los comentarios electrónicos serán de un máximo de 450 palabras. OR 2. Únase en línea por Zoom Estás invitado a un seminario web de Zoom Cuándo: 8 de Abril de 2021 9:00 a.m., hora del Pacífico (EE. UU. Y Canadá) Tema: 8 de Abril de 2021 Reunión ordinaria a) Regístrese con anticipación para este seminario web https://zoom.us/webinar/register/WN_SaWq6SGhQQu3gkyAQtRw3Q b) Si no desea que su nombre aparezca en la pantalla, utilice el menú desplegable y Page 4 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final haga clic en "cambiar nombre" para renombrarse. c) Si desea dirigirse al Consejo de la Ciudad durante la sección de comentarios públicos de la agenda, haga clic en el icono con la etiqueta "Participantes" en la parte inferior central de la pantalla de su PC o Mac. En la parte inferior de la ventana en el lado derecho de la pantalla, haga clic en la parte inferior con la etiqueta "Levantar la Mano". Su mano digital ahora se levantará. d) Aquellos que se dirijan al Consejo deben indicar su nombre para el registro. e) Para facilitar el acceso electrónico, ninguna persona hablará hasta que el Dirigente Oficial lo reconozca. OR 3. Correo electrónico: a clerk@fresno.gov a) Los residentes también pueden enviar comentarios por correo electrónico para ser leídos durante la reunión. Incluya la fecha del agenda y el número de artículo sobre el que desea hablar en la línea de asunto de su correo electrónico. b) Los correos electrónicos tendrán un máximo de 450 palabras. c) Todos los comentarios recibidos se distribuirán al Consejo antes y durante la reunión y formarán parte del registro oficial. Todos los participantes estarán en silencio hasta que se les elija, en cuyo punto se desactivara el silenciador. Para evitar que los participantes tengan su video encendido, eliminaremos la opción de mostrar su video. En conformidad con la Orden Ejecutiva, y en conformidad con la Ley de Estadounidenses con Discpacidades, si necesita adaptaciones adicionales, como intérpretes, un signante del lenguaje a señas o los servicios de un traductor, comuníquese con la oficina del Secretario de la Ciudad al (559) 621-7650 o clerk@fresno.gov. Para asegurar disponibilidad, le aconsejamos que haga su petición por lo menos tres días de negocio antes de la reunión. La Ciudad de Fresno le agradece de antemano por tomar todas las precauciones para evitar la propagación del virus COVID-19. Page 5 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final COV LUS TSHAJ TAWM RAU COV PEJ XEEM: LUB NROOG SUAV CHAMBERS THIAB LUB NROOG HU YUAV TSIS QHIB RAU COV PEJ XEEM Thaum Daim Ntawv Sau Tseg Thaum Muaj Xwm Ceev No. 2020-12 tseem tab tom siv, Lub Nroog Fresno cov rooj sib tham yuav yog siv hluav taws xob thiab xov tooj xwb. Yuav tsis muaj ib tus neeg lub cev nyob hauv Chambers, thiab Chambers yuav tsis qhib rau pej xeem. Lub Nroog Tseem Ceeb raug kaw rau hauv zej zog. Koj koom tau nrog lub rooj sib tham hauv Lub Nroog qhov vesxaij nias rau qhov URL https://fresno.legistar.com/Calendar.aspx thiab nias rau qhov sau tias “In progress” hauv qab qhov sau tias "video" kom koj pom tau lub rooj sib tham. Peb yuav tso Pab Pawg Tswj Xyuas Lub Nroog lub rooj lus sib tham tib lub sijhawm lawv tham ntawd thaum 9:00 A.M. ntawm Comcast Tshooj 96 thiab AT&T Tshooj 99. Peb txhawb kom cov pej xeem koom hauv istawsnev vim tias peb tsis muaj rooj zaum ntau hauv Lub Tsev Sib Tham kom nyob nrug deb tau ntawm lus tus. LUS LOS NTAWM COV PEJ XEEM : Peb muaj cov kev ntawm no rau cov pej xeem uas xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog: 1. Saum eComment ntawm https://fresno.legistar.com/Calendar.aspx. a) Peb yuav qhib eComment lub sijhawm Pab Pawg Tswj Xyuas Lub Nroog tseem tuav lub rooj sib tham thiab peb yuav kaw thaum lub rooj sib tham xaus thiab peb yuav khaws tseg cov lus hauv rau peb cov ntaub ntawv. Koj mus saib tau Cov Lus Pom Zoo thiab Cov Txheej Txheem Rau Tus Neeg Siv eComment ntawm qhov chaw nyob URL https://www.fresno.gov/cityclerk/ b) Peb tsuas pub koj sau 450 cov lus hauv eComments xwb. OR 2. YKoj raug caw tuaj koom lub rooj sib tham Zoom a) Thaum: Plaub Hlis Ntuj 8, 2021 09:00 AM Pacific Lub Sijhawm (Tebchaws Asmeskas thiab Canada) Cov ntsiab lus: Plaub Hlis Ntuj 8, 2021 Kev Sib Tham Sib Tham Tso npe rau npe ua ntej lub webinar: https://zoom.us/webinar/register/WN_SaWq6SGhQQu3gkyAQtRw3Q Tom qab sau npe, koj yuav tau txais email kabke muaj cov ntaub ntawv hais txog koom nrog lub webinar. Page 6 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final b) Yog tias koj tsis xav kom pom koj lub npe ntawm daim screen rau txhua tus pom, ces nias rau qhov menu kom nws tshwm qhov sau tias "rename" kom koj sau tau ib lub npe rau koj tus kheej. c) Yog tias koj xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog lub sijhawm lawv qhib rau cov pej xeem hais lus, nias rau qhov sau tias “Participants” uas nyob hauv qab lub nrab ntawm koj daim screen rau lub PC lossis Mac. Hauv qab koj daim screen ntawm sab xis, nias qhov sau tias “Raise Hand”. Thaum koj ua li no nws yuav pom koj tsa koj txhais tes. d) Cov uas hais lus rau Pab Pawg Tswj Xyuas Lub Nroog yuav tsum qhia lawv lub npe rau peb muab ntaus cia. e) Kom peb pab cov tib neeg saum istawsnev, peb yuav tsis pub leej twg hais lus txog txij Tus Tswj Saib Xyuas tso cai tso. OR 3. Email: rau clerk@fresno.gov a) Cov tib neeg uas nyob hauv lub nroog kuj email tau lawv cov lus tuaj rau peb nyeem thaum peb tuav lub rooj sib tham los tau thiab. Thov sau lub hnub tim ntawm lub rooj sib tham thiab tus lej ntawm qhov koj xav tham txog uas koj xav hais lus rau ntawm kab subject line (kab qhia txog cov ntsiab lus ntawm tsab email) rau koj qhov email. b) Peb tsuas pub koj sau mus txog 450 cov lus rau hauv koj qhov email xwb. c) Tagnrho cov lus yuav muab faib rau Pab Pawg Tswj Xyuas Lub Nroog pom ua ntej thiab thaum lwv tseem tuav lub rooj sib tham thiab peb yuav khaws tseg tagnrho cov lus hais rau peb cov ntaub ntawv. Peb yuav tua kom txhob hnov cov neeg koom lub suab hais txog txij lawv hu nws lub npe ces thaum ntawd mam li taws pub hnov nws hais lus. Kom peb pab tiv thaiv kom tsis txhob pom cov neeg koom, peb yuav tua qhov pom tus neeg. Raws li Cov Lus Khoo Los Ntawm Cov Nom Tswv, thiab kom peb ua tau raws li Txoj Cai Tiv Thaiv Cov Neeg Asmesliskas Uas Muaj Tej Yam Kev Xiam Oob Qhab, Yog tias koj tim-tsum tej kev pab xws li neeg txhais lus, neeg txhais lus piav tes, los sis ib tug neeg txhais ntawv, thov hu rau qhov chaw ua hauj-lwm City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gove. Txhawm rau kom muaj qhov muaj, koj tau hais qhia kom koj thov li tsawg kawg peb hnub cov hnub ua haujlwm ua ntej lub rooj sib Page 7 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final tham. Lub Nroog Fresno xav ua tsaug rau koj ua ntej los xyuam xim tiv thaiv kom tus kab mob COVID-19 tsis txhob kis tau ntxiv. Page 8 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation by Pastor Kevin Stafford from Fellowship Missionary Baptist Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation for “Recognition of the Armenian Genocide”ID 21-298 Sponsors:Councilmember Karbassi Proclamation for “Transgender Day of Visibility”ID 21-461 Sponsors:Councilmember Soria Proclamation for “National Donate Life Month”ID 21-462 Sponsors:Councilmember Soria COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS 1. CONSENT CALENDAR Approval of minutes for March 18, 2021 Regular Meeting, March 18, 2021 Special Meeting, and March 31, 2021 Special Open and Closed Session Meeting. ID 21-0151-A Sponsors:City Clerk's Office BILL No. B-5 (Intro 3/4/21) (for adoption) - An emergency ordinance adding Section 2-517 to the Fresno Municipal Code related to grocery store employee hazard pay. (Requires five affirmative votes) ID 21-4821-B Sponsors:Council President Chavez Actions pertaining to Commercial Cannabis Activity: 1.RESOLUTION - AUTHORIZING STATE OF CALIFORNIA CANNABIS EQUITY ACT GRANT FUNDING 2.***RESOLUTION - 71st Amendment to the Annual ID 21-4651-C Page 9 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final Appropriation Resolution No. 2021-159 Appropriating $1,205,000 for the Cannabis Equity Grant Program (Subject to Mayor’s Veto) 3.Approve a No-Cost Extension Agreement Amendment with Hinderliter, de Llamas, and Associates for Professional Cannabis Consulting and Support Services 4.BILL- (For introduction) Amending Sections 9-3316 and 9- 3325 of the Fresno Municipal Code, relating to the regulation of cannabis. Sponsors:City Manager's Office Approve the First Amendment to the Grant of Option Agreement between City of Fresno and Fresno Community Solar Developers, LLC., to lease up to 158 acres of land at the Fresno Clovis Regional Wastewater Reclamation Facility to generate solar energy under the California Public Utilities Commission Disadvantaged Communities-Green Tariff Program (Council District 3) ID 21-3971-D Sponsors:Department of Public Utilities ***RESOLUTION - Authorizing submission of a grant application to the Fresno Council of Governments Housing Planning Grants Program FY 2020-2021 in the amount of $250,000 for the Manchester Shopping Center Utilities Study and Master Plan for Advance Affordable Housing; and authorizing the execution of grant application and grant agreement documents by the Director of Public Utilities or designee. (Council District 7) (Subject to Mayor’s Veto) ID 21-4321-E Sponsors:Department of Public Utilities and Planning and Development Department Actions pertaining to the purchase of bulk sodium hydroxide: 1. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property; and authorizing the Purchasing Manager of the Finance Department or designee to continue processing invoices for the purchase of bulk sodium hydroxide in the interim while a new requirements contract is established (Requires five affirmative votes) (Subject to Mayor’s veto) 2. Approve an interim contract with Univar USA Inc., in an ID 21-4711-F Page 10 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final amount not to exceed $1,037,000 for the purchase and delivery of bulk sodium hydroxide. (Bid File 9429) Sponsors:Department of Public Utilities Reject all bids for the purchase of two squad service bodies for the Fire Department and staff will rebid the project (Bid File 3794) ID 21-4081-G Sponsors:Department of Transportation Approve the award of a purchase contract to Ruckstell Sales of Fresno, California, for the purchase of one 520 Peterbilt rear loading refuse truck in the amount of $322,355 ID 21-4291-H Sponsors:Department of Transportation Approve and ratify a Contract between the City of Fresno and PG&E to authorize the Department of Transportation Fresno Area Express to participate in the Electric Vehicle Fleet Electrification Program providing primary power infrastructure for battery electric bus charging at no cost and authorize the Director of Transportation or designee to execute all related documents ID 21-4511-I Sponsors:Department of Transportation Authorize the Parks, After School, Recreation and Community Services Department to enter into lease agreement with Fresno Economic Opportunities Commission for the Office of Neighborhood Safety and Community Engagement office space in the amount of $51,456 for a one-year term, with the option to extend the lease for an additional two-year term (Council District 3). ID 21-4091-J Sponsors:Parks, After School and Recreation and Community Services Department Actions pertaining to amending Sections 3-330, 3-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3-424e, 3-547, 3-550, 3-552 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. 1.***BILL No. B-10 - (Intro 3/18/2021) (For adoption) ID 21-4341-K Page 11 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the First Tier of the Fire and Police Retirement System. (Subject to Mayor’s veto) 2.***BILL No. B-11 - (Intro 3/18/2021) (For adoption) Amending Sections 3-547, 3-550, 3-552, and 3-556(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Employees Retirement System. (Subject to Mayor’s veto) 3.***BILL No. B-12 - (Intro 3/18/2021) (For adoption) Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Second Tier of the Fire and Policy Retirement System. (Subject to Mayor’s veto) Sponsors:Personnel Services Department ***RESOLUTION - Repealing Resolution Number 2020-196 and adopting and authorizing submission of a five-year plan to the California Housing and Community Development Department and application for funding from the Permanent Local Housing Allocation (PLHA) for the development of affordable multifamily and single family housing, owner occupied home rehabilitation, and down payment assistance to benefit low-and moderate-income persons and authorizing the city manager to sign all necessary implementing documents (Subject to Mayor’s Veto) ID 21-4781-L Sponsors:Planning and Development Department Actions pertaining to the Fresno Police Department Regional Training Center (RTC) 1.Award a sole source contract for the purchase of Winchester Law Enforcement ammunition to Dooley Enterprises not to exceed $282,400 2.RESOLUTION - Adopt Resolution authorizing the Chief of Police or designee to enter into a purchase agreement with Dooley Enterprises without advertised competitive bidding ID 21-4741-M Sponsors:Police Department Page 12 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final Approve a two-year MOU between the Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Fresno Police Department to have six (6) part-time Task Force Officers (TFO) assigned to the ATF for an annual allotted federal overtime amount of $19,180.25 for each TFO position, or a total of $115,081.50 annually. ID 21-4801-N Sponsors:Police Department RESOLUTION - Adopt Resolution of Intent Number 1140-D to vacate a public utility easement on Lots 78 through 81 of Campus Homesites Tract Number 1552 (Council District 5) ID 21-4101-O Sponsors:Public Works Department RESOLUTION - Of Intention to Annex Final Tract Map No. 6266 as Annexation No. 123 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 13, 2021, at 10:05 am (territory surrounded by North Blythe, North Santa Fe, and West Sierra Avenues) (Council District 2) ID 21-4241-P Sponsors:Public Works Department Actions pertaining to the Rebid Armstrong and Lane Traffic Signal Project - Bid File No. 3769 (Council District 5) 1.Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301, 15302, and 15303 of the California Environmental Quality Act guidelines 2.Award a construction contract in the amount of $385,100.00 to Lee Contractors and Consultants, Inc., of Nipomo, California ID 21-4411-Q Sponsors:Public Works Department Actions pertaining to the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project (Council Districts 1 and 7) 1.Approve Amendment No. 1 to Cooperative Project Agreement, Grade Separation Program (GSP), Blackstone & McKinley BNSF Grade Separation Project, in the amount of $2,119,938.00, with the Fresno County Transportation ID 21-4431-R Page 13 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final Authority 2.Approve a Consultant Services Agreement with AECOM Technical Services, Inc. for $6,483,786.23, with a $325,000.00 contingency, to obtain Professional Engineering services for design and construction support Sponsors:Public Works Department Approve Contract Change Order No. 05 in the amount of $155,555 to Avison Construction, Inc., for the Veterans Boulevard South Extension, Project ID PW00883 (Council District 2) ID 21-4441-S Sponsors:Public Works Department Approve the Agreement for Purchase and Sale of a 1,183 square foot permanent easement from a portion of 3936 North Polk Avenue (APN: 511-012-01), owned by Maria D. Meraz for $80,100 in compensation (Council District 1) ID 21-4451-T Sponsors:Public Works Department RESOLUTION - Of Intention to Annex Final Parcel Map No. 2020-09 as Annexation No. 51 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 13, 2021, at 10:05 am (territory located west of North Chestnut Avenue between East Herndon and Fir Avenues) (Council District 6) ID 21-4471-U Sponsors:Public Works Department Approve a professional services agreement in substantially the form attached with NV5, Inc. in the amount of $6,345,949.36, with a contingency amount of $310,000.00, for construction management services for the Veterans Boulevard and State Route 99 Interchange Project (Council District 2) ID 21-4751-V Sponsors:Public Works Department Approve the appointment of Haley M. Wagner to the Planning Commission. ID 21-4981-W Sponsors:Mayor's Office Page 14 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final Approve the appointment of Maricela Ortiz to the Immigrant Affairs Committee, Laura Gromis to the Bicycle and Pedestrian Advisory Committee, and Anna Hun to the Fresno Youth Commission. ID 21-5031-X Sponsors:Councilmember Maxwell JOINT MEETING OF THE CITY COUNCIL, THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND THE FRESNO REVITALIZATION CORPORATION Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T). 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15332 (Class 32-infill) of the California Environmental Quality Act (CEQA) 2.Approve a Purchase and Sale Agreement between the City in its capacity as Housing Successor and Noyan Frazier, L.P., for property located at 887 Fulton Street. Sponsors: Fresno Revitalization Corporation ID 21-4201-Y CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. #1 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 97, Final Tract Map No. 6285 (area surrounding the southeast corner of North Armstrong and East Clinton Avenues) (Council District 4) 1.***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 97 (Subject to Mayor’s Veto) ID 21-412 Page 15 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4.***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 97 (Subject to Mayor’s Veto) Sponsors:Public Works Department 10:00 A.M. #2 (CONTINUED FROM JANUARY 28, 2021 AT 10:00 A.M. #3) CONTINUED HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 46 (Parcel A of Final Parcel Map No. 2019-06) (northeast corner of North First and East Nees Avenues) (Council District 6) 1.***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 46 (Subject to Mayor’s Veto) 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4.***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 46 (Subject to Mayor’s Veto) ID 21-238 Sponsors:Public Works Department 10:05 A.M. #1 Appearance by James D. Mendez to discuss Right To Counsel Community Proposal. (Speaker resides in District 2) ID 21-411 Page 16 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final 10:05 A.M. #2 Appearance by Starry Rinn to discuss the cost-benefit analysis of passing a Right to Counsel in Fresno. (Speaker resides in District 5) ID 21-449 10:05 A.M. #3 Appearance by Janine Nkosi to discuss Right to Counsel community proposal to mitigate homelessness and the housing/eviction crisis in Fresno. (Speaker resides in District 4) ID 21-458 10:05 A.M. #4 Appearance by James Prater to discuss fire inspection fees. (Speaker resides in District 3) ID 21-450 3. GENERAL ADMINISTRATION Workshop - Street InfrastructureID 21-4763-A Sponsors:Public Works Department Workshop - Fiscal year 2021 mid-year budget reviewID 21-4843-B Sponsors:City Manager's Office 4. CITY COUNCIL RESOLUTION - Establishing a committee to facilitate the formation of an association of local mobile food vendors ID 21-5004-A Sponsors:Council President Chavez RESOLUTION - Creating the Rental Mediation ProgramID 21-5044-B Sponsors:Council President Chavez RESOLUTION - Denouncing the discrimination against the Asian American communities during the COVID-19 crisis in Fresno. ID 21-5024-C Sponsors:Vice President Esparza, Councilmember Soria and Councilmember Arias Page 17 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final 5. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8; Property: APN 438-021-92T, 35T, 93T, and 60T, and 438-062-37T and 53T Negotiating Parties: City Manager, CVCSF. ID 21-4375-A Sponsors:City Manager's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069. ID 21-4385-B Sponsors:City Manager's Office CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-282-21T (Berkeley Building) Negotiating Parties: Executive Director Murphey, Noyan Frazier Capital, L.P. Under Negotiations: Price and terms of sale Sponsors: Executive Director, Fresno Revitalization Corporation ID 21-4465-C CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: City of Fresno v. Shell Oil Company, et al. San Bernardino County Superior Court Case No.: SCVSS120627 (Public Utilities Department) ID 21-4545-D Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Isiah Murrietta-Golding, et al. v. City of Fresno, et al. United States District Court Case No.: 1:18-CV-00332 (Police ID 21-4555-E Page 18 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final Department). Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Phil Sampson, et al. v. City of Fresno, et al. United States District Court Case No.: 1:20-CV-00322 (Police Department). ID 21-4565-F Sponsors:City Attorney's Office PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1.Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Luis Chavez Unrepresented Employee: City Clerk ID 21-4535-G Sponsors:Council President Chavez UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS APRIL 22, 2021 10:00 A.M. - HEARING 2021-2022 Annual Action Plan Public Hearing Per HUD requirements, we will request public comments on the draft Annual Action Plan, followed by council consideration of plan adoption APRIL 22, 2021 Page 19 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final 10:05 A.M. #1 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 121 (Final Tract Map No. 6241 (west side of North Armstrong Avenue between East Clinton and Weber Avenues) (Council District 4) APRIL 22, 2021 10:05 A.M. #2 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 122 (Final Tract Map No. 6265 (north side of East Tulare Street west of North Fowler Avenue) (Council District 5) May 13, 2021 10:00 A.M. - Resolution of Intent Campus Homesites PUE Vacation May 13, 2021 10:05 A.M. #1 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 123 (Final Tract Map No, 6266) (territory surrounded by North Blythe, North Santa Fe, and West Sierra Avenues) (Council District 2) May 13, 2021 10:05 A.M. #2 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 51 (Final Parcel Map No. 2020-09) (territory located west of North Chestnut Avenue between East Herndon and Fir Avenues) (Council District 6) June 10, 2021 10:00 A.M. - HEARING for the Calaveras Avenue PUE vacation located on the Fresno City College campus UPCOMING EMPLOYEE CEREMONIES April 21, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards May 19, 2021 (Wednesday - 2:00 P.M.) - Employee of the Spring Quarter July 21, 2021 (Wednesday - 2:00 P.M.) - Employee of the Summer Quarter Page 20 City of Fresno ***Subject to Mayoral Veto April 8, 2021City Council Meeting Agenda - Final October 20, 2021 (Wednesday - 2:00 P.M.) - Employee of the Fall Quarter November 17, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards 2021 CITY COUNCIL MEETING SCHEDULE APRIL 15, 2021 - NO MEETING APRIL 22, 2021 - 9:00 A.M. MEETING APRIL 29, 2021 - NO MEETING May 6, 2021 - NO MEETING May 13, 2021 - 9:00 A.M. MEETING May 20, 2021 - NO MEETING May 27, 2021 - 9:00 A.M. MEETING Page 21 City of Fresno ***Subject to Mayoral Veto City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-298,Version:1 CEREMONIAL PRESENTATION Proclamation for “Recognition of the Armenian Genocide” City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ CITY OF FRESNO Office of Councilmember Mike Karbassi WHEREAS, the Ottoman Turkish Empire initiated an eight-year program of terror and mass execution beginning in 1915 that resulted in the deaths of more than 1.5 million men, women and children of Armenian heritage and which succeeded in the elimination of the more than 2,500-year presence of Armenians in their historic homeland; and WHEREAS, the Armenian Genocide began with the arrest, exile, and murder of hundreds of Armenian intellectuals, and political, religious, and business leaders, starting on April 24, 1915; and WHEREAS, this campaign of dispossession and murder was undertaken with a clear and ultimate purpose to annihilate the Armenian race through a practiced policy of coordinated deportation and massacre; and WHEREAS, Raphael Lemkin, who coined the term genocide in 1944, and who was the earliest proponent of the Convention on the Prevention and Punishment of Genocide, invoked the Armenian case as a definitive example of genocide in the 20th century; and WHEREAS, Fresno has become home to as many as 50,000 residents of Armenian descent, who have enriched our city and state through leadership in the fields of academia, medicine, business, agriculture, law, government, and the arts; and WHEREAS, by honoring the survivors and consistently remembering and forcefully condemning the atrocities committed against the Armenian people as well as the persecution of the Assyrian and Greek populations of the Ottoman Turkish Empire, we guard against repetition of the crime of genocide; and WHEREAS, leaders of nations with strategic, commercial, and cultural ties to the Republic of Turkey should be reminded of their duty to encourage Turkish officials to desist from efforts to distort facts and deny the history of events surrounding the Armenian Genocide; and WHEREAS, April 24, marks the anniversary of the Armenian Genocide, on which Armenians throughout the Republic of Armenia and the Diaspora have come together to remember and demand justice for the victims and survivors of this crime again humanity. NOW, THEREFORE BE IT RESOLVED, Mayor Jerry Dyer and the Fresno City Councilmembers, do hereby proclaim April 8, 2021, to be: “A Day of Remembrance of the Anniversary of the Armenian Genocide” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 8th day of April 2021. _____________________________________________ __________________________________________ JERRY DYER, Honorable Mayor ESMERALDA SORIA, Councilmember District 1 _____________________________________________ __________________________________________ MIKE KARBASSI, Councilmember District 2 MIGUEL ARIAS, Councilmember District 3 _____________________________________________ __________________________________________ TYLER MAXWELL, Councilmember District 4 LUIS CHAVEZ, Council President _____________________________________________ __________________________________________ GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Council Vice President City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-461,Version:1 CEREMONIAL PRESENTATION Proclamation for “Transgender Day of Visibility” City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ CITY OF FRESNO Office of Councilmember Esmeralda Soria _____________________________________________ ________________________________________ JERRY DYER, Honorable Mayor LUIS CHAVEZ, Council President, District 5 _____________________________________________ ________________________________________ NELSON ESPARZA, Council Vice President, District 7 ESMERALDA SORIA, Councilmember, District 1 _____________________________________________ ________________________________________ MIKE KARBASSI, Councilmember, District 2 MIGUEL ARIAS, Councilmember, District 3 _____________________________________________ _________________________________________ TYLER MAXWELL, Councilmember, District 4 GARRY BREDEFELD, Councilmember, District 6 Is hereby presented in honor of: Transgender Day of Visibility WHEREAS, The transgender, non-conforming, and non-binary community remain a valuable part of our national and local citizenry. Members of the transgender community continue to break down barriers in every facet of society; and WHEREAS, This day is meant to shed a positive light on and draw attention to the numerous accomplishments of the transgender members that contribute to the Central Valley’s LGBTQIA+ community. They continue to raise awareness, encourage inclusiveness, and integration through numerous Pride festivals and events throughout Fresno. Together with The Fresno Economic Opportunities Commission, they have worked endlessly to raise awareness about healthcare access. In partnership with Trans-E-Motion, they provide a safe space for transgender individuals to find the support and resources they need; and WHEREAS, The need for visibility is vital because it fosters the acceptance and equality of all genders and gender non-conforming people. Acceptance creates a sense of belonging and fairness and elevates everyone forward to a just society. Positive visibility is crucial in counteracting the disproportionate amount of violence that transgender and gender non-conforming people face across the world and those closer to home. We must address and assist our members of the LGBTQIA+ community facing discrimination and violence through social and political institutions and continue to fight to achieve fairness for our transgender community; and WHEREAS, In the City of Fresno, transgender individuals have helped pave the way for future generations of LGBTQIA+ members of society by celebrating their identities without the fear of discrimination and judgment. The City of Fresno opposes any oppression and discrimination, diminishing the quality of life for any resident or visitor. We use this day to promote the empowerment of the transgender community as it also recognizes and celebrates their strength in the face of adversity. NOW, THEREFORE BE IT RESOLVED, that the City of Fresno Mayor and City Council does hereby proclaims April 8, 2021 to be: “Transgender Day of Visibility” in the City of Fresno IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 8th day of April 2021. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-462,Version:1 CEREMONIAL PRESENTATION Proclamation for “National Donate Life Month” City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ CITY OF FRESNO Office of Councilmember Esmeralda Soria _____________________________________________ ________________________________________ JERRY DYER, Honorable Mayor LUIS CHAVEZ, Council President, District 5 _____________________________________________ ________________________________________ NELSON ESPARZA, Council Vice President, District 7 ESMERALDA SORIA, Councilmember, District 1 _____________________________________________ ________________________________________ MIKE KARBASSI, Councilmember, District 2 MIGUEL ARIAS, Councilmember, District 3 _____________________________________________ _________________________________________ TYLER MAXWELL, Councilmember, District 4 GARRY BREDEFELD, Councilmember, District 6 Is hereby presented in honor of: National Donate Life Month WHEREAS, The Donor Network West is the federally designated organ and tissue recovery organization located throughout Northern California, Central California, and Northern Nevada area. Working with families, nurses, and doctors in hospitals to connect donations to the nearly 800 individuals in Fresno County on the national organ transplant waiting list; and WHEREAS, Approximately 22 people die each day due to the shortage of donated organs available on the registry. A single individual's organs, such as the heart, lungs, liver, kidneys, pancreas, and small intestine, can save up to eight lives, and tissues' donations can save up to 75 lives. By registering as an organ donor, it increases the survival of organ recipient's chance to continue living their lives; and WHEREAS, Hispanic, African American and Asian communities have an urgent need for organ donations. The Donor Network seeks to educate these communities about organ donations and register as organ donors. A diverse donor registry would ensure that ethnic minorities receive a better opportunity of finding a match due to genetic makers; and WHEREAS, More than 16 million Californians have signed up with the state-authorized Donate Life California Registry to guarantee that their wish of being an organ donor and tissue donor is honored. Californians can register to donate with the Donate Life California Donor Registry when applying or renewing for an ID or driver's license at the Department of Motor Vehicles. NOW, THEREFORE BE IT RESOLVED, that the City of Fresno Mayor and City Council does hereby proclaim April, 2021 to be: “National Donate Life Month” in the City of Fresno IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 8th day of April 2021. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-015,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 SUBJECT Approval of minutes for March 18, 2021 Regular Meeting, March 18, 2021 Special Meeting, and March 31, 2021 Special Open and Closed Session Meeting. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ Thursday, March 18, 2021 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Regular Meeting March 18, 2021City Council Meeting Minutes - Draft City Council met in regular session, City Hall on the date and time written above. 9:02 A.M. ROLL CALL President Luis Chavez Vice President Nelson Esparza Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Garry Bredefeld Present:7 - Invocation by Pastor Brad Liebe of Peoples Church Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 21-363 (1-G-) - Actions pertaining to amending Sections 3-330, 3-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3-424e, 3-547, 3-550, 3-552 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. Title should read “Actions pertaining to amending Sections 3-330,3-336 (extra 3 in the front),3-338,3-353e, 3-408,3-413,3-415, and 3-424e, 3-547, 3-550, 3-552 (5 added) and 3-566e of the Fresno Municipal Code. The following items are being removed from the agenda to a future date: 1. File ID 21-120 (10:05 A.M.) - Actions pertaining to amendments to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Fees was removed from the agenda by Councilmember Maxwell and moved to April 8, 2021, and he also requested a workshop. 2. File ID 21-403 (10:15 A.M.) - Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T) was removed from the agenda by Councilmember Arias and moved to April 8, 2021. The following items were pulled from the Consent Calendar and moved to City of Fresno ***Subject to Mayoral Veto Page 2 March 18, 2021City Council Meeting Minutes - Draft Contested Consent for further discussion. 1. File ID 21-348 (1-F) - Actions related to the leasing of City-owned land at Roeding Park (Council District 3) was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Arias. 2. File ID 21-363 (1-G) - Actions pertaining to amending Sections 3-330, 3-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3-424e, 3-547, 3-550, 3-552 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Arias. 3. File ID 21-365 (1-H) - Actions pertaining to the Homeless Emergency Aid Program (HEAP) was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Arias. 4. File ID 21-362 (1-I) - Approve the Fourth Amendment to the Consultant Services Agreement with Byrne Software Technologies, Inc., for professional services for Accela Land Management Support, increasing the contract amount by $75,000, for a total contract value of $525,000, and to extend the agreement to December 31, 2021 was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Bredefeld. 5. File ID 21-349 (1-J) - Actions related to the Freeway Litter Abatement Project was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Arias. 6. File ID 21-351 (1-K): Actions pertaining to the Fulton Street Reconstruction Project construction contract with American Paving Company of Fresno, California (Council District 3) was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Arias. City of Fresno ***Subject to Mayoral Veto Page 3 March 18, 2021City Council Meeting Minutes - Draft 7. File ID 21-405 (1-O) - Actions pertaining to adding one full-time position to Council District 7 Office Division was pulled from the Consent Calendar and moved to Contested Consent for further discussion by Councilmember Arias. City Clerk Spence announced there was a Special Closed Session Meeting scheduled for 1:00 P.M. or thereafter. On motion of Councilmember Maxwell, seconded by Councilmember Karbassi, the above Action was approved as amended. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - CEREMONIAL PRESENTATIONS The below Ceremonial Presentations were presented to Council. ID 21-123 Proclamation for “Woman of the Year” ID 21-317 Proclamation of “2021 National AG Day” ID 21-369 Proclamation for “Small Business Development Center’s Day” ID 21-396 Proclamation for “Preston Prince Day” ID 21-406 Proclamation for “A Celebration of Greek democracy in Greece and the United States” COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi spoke regarding the recent passing of District 2 resident Bob Smittcamp and requested the meeting be adjourn in his honor. Councilmember Arias thanked Assistant Director Schuber and the Sanitation team for helping with the first operation clean up of a multifamily unit over the weekend. He spoke regarding the homelessness issue at the Golden Triangle, Golden State area and thanked Mayor Dyer and staff for walking that area with District 3 and making it a priority. Councilmember Arias addressed the issues that occurred last week in the Tower District and Council’s call for an independent investigation regarding a Fresno Police Officer. City of Fresno ***Subject to Mayoral Veto Page 4 March 18, 2021City Council Meeting Minutes - Draft Councilmember Maxwell gave an updated on the food distribution in District 4 at Melody Park on Thursday, March 18, 2021. He mentioned the SAFR program at Vinland Park and partnered up with Neighborhood Industries and stated within the last two (2) hours, they gave two (2) palettes of food on behalf of the industry. He thanked Mayor Dyer and staff for participating with District 4 regarding freeway embankments and those who are experiencing homelessness. He thanked Pablo Villagrana with Ironworkers and Director Meikle for a tour of the parking garage at the Airport. Council Vice President Esparza addressed the issues that occurred in Georgia in the Asian Community and the issues that occurred last week in the Tower District. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer gave an update on Beautify Fresno and thanked Councilmember Soria and Council Vice President Esparza for the cleanup at Manchester where there were a couple hundred volunteers. He stated last Saturday, he and Council President Chavez were in the quarters cleaning up along with 177 volunteers. There was about 1600 pounds of trash that was removed from that corridor and the adjacent neighborhoods. He thanked the Hidden Wealth Foundation, the North Fresno Church, The South Development Agency and all the volunteers for their help with the project. He spoke regarding the Golden State clean up and stated there were 44 people housed. He addressed the issues East of 168 between Gettysburg and Shaw and thanked Dez Martinez for assisting with that project. He spoke regarding the relocation of individuals off the 180 and Tyler Avenue between First and Cedar. Mayor Dyer mentioned they are in the process of purchasing three (3) more hotels in partnership with Council to continue the operation for the near future. City Manager Esqueda spoke regarding the Rental Housing Assistance Program and started the project on Monday, March 15, 2021 and with 817 application submitted and are being processed. He thanked the Information Services Department (ISD), the Administration, Director Lima, and the Public Utilities Billing Department. UNSCHEDULED COMMUNICATION City of Fresno ***Subject to Mayoral Veto Page 5 March 18, 2021City Council Meeting Minutes - Draft The following members of the public addressed Council: Lisa Flores, Dez Martinez, Brandi Villegas, and Robert McCloskey. 1. CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Maxwell, the below CONSENT CALENDAR items were approved. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 1-A ID 21-014 Approval of minutes for March 4, 2021 Regular Meeting, and March 11, 2021 Special Meeting. 1-B ID 21-345 ***BILL No. B-4 - (Intro. 3/4/2021) (For Adoption) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) (Subject to Mayor’s Veto) The above item passed 5-2, Councilmember Bredefeld and Councilmember Karbassi voted no. ORDINANCE 2021-010 ADOPTED 1-C ID 21-371 Award a Requirements Contract to PACE Supply, Corp., of Fresno, California in the amount of $164,513.98 for meter boxes, lids and related parts for a term of one-year with the possibility of four one-year extensions, for a total contract value of $822,569.90, plus any Producer Price Index increases. Bid File 9586 (Citywide) 1-D ID 21-324 Approve the award of a purchase contract to Ruckstell Sales of Fresno, California, for the purchase of 12, 520 Peterbilt side loading refuse trucks in the amount of $4,777,548. 1-E ID 21-316 1-F ID 21-348 Actions related to the leasing of City-owned land at Roeding Park (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act City of Fresno ***Subject to Mayoral Veto Page 6 March 18, 2021City Council Meeting Minutes - Draft Guidelines 2. Approve first amendment to lease agreement between the City and Storyland and Playland, Inc. for property at Roeding Park, located at 890 W. Belmont Ave, for the purpose of operating Playland and Storyland to provide educational opportunities and pleasure to the children and families in the Central Valley for a term of 31 years at $1.00 per year. The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Content for further discussion. 1-G ID 21-363 Actions pertaining to amending Sections 3-330, 3-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3-424e, 3-547, 3-550, 3-552 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. 1. BILL - (For Introduction) Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the First Tier of the Fire and Police Retirement System. 2. BILL - (For Introduction) Amending Sections 3-547, 3-550, 3-552, and 3-556(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Employees Retirement System. 3. BILL - (For Introduction) Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Second Tier of the Fire and Policy Retirement System. The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Content for further discussion. 1-H ID 21-365 Actions pertaining to the Homeless Emergency Aid Program (HEAP): 1. Approve Amended Agreement with Fresno County Economic Opportunities Commission (EOC) for homeless youth services emergency shelter beds totaling $242,153.76 2. Approve Amended Agreement with Turning Point of Central California for triage center services totaling $1,863,000 3. Approve Amended Agreement with Focus Strategies for program management services totaling $170,571 The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Content for further discussion. 1-I ID 21-362 Approve the Fourth Amendment to the Consultant Services Agreement with City of Fresno ***Subject to Mayoral Veto Page 7 March 18, 2021City Council Meeting Minutes - Draft Byrne Software Technologies, Inc., for professional services for Accela Land Management Support, increasing the contract amount by $75,000, for a total contract value of $525,000, and to extend the agreement to December 31, 2021. The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Content for further discussion. 1-J ID 21-349 Actions related to the Freeway Litter Abatement Project: 1. ***RESOLUTION - 68th Amendment to the Annual Appropriations Resolution No. 2020-159 Appropriating $197,000 from the California Department of Transportation for the Freeway Litter Abatement Project (Requires 5 votes) (Subject to Mayor’s veto) 2. Approve Contract Change Order No. 2 to the Highway Litter Control Contract with Landscape Maintenance of America dba California Highway Adoption Co, in the amount of $195,194, increasing the total FY21 contract amount to $512,070. The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Content for further discussion. 1-K ID 21-351 Actions pertaining to the Fulton Street Reconstruction Project construction contract with American Paving Company of Fresno, California (Council District 3): 1. Approve Settlement Agreement and Mutual Release, in the amount of $321,335, with American Paving Company, Royston, Hanamoto, Alley & Abey and Provost & Pritchard Engineering Group, Inc. 2. Approve Contract Change Order No. 74, which increases the construction contract amount by $208,867.75 with American Paving Company of Fresno, California The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Content for further discussion. 1-L ID 21-356 Approve a substitution of a listed Subcontractor All State Roofing, Inc., and utilize Golden State Roofing for Fresno Fire Station No. 18 (no cost increase) (Council District 1) 1-M ID 21-357 RESOLUTION - Of Intention to Annex Final Tract Map No. 6265 as Annexation No. 122 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, April 22, 2021, at 10:05 am (north side of East Tulare Street west of North Fowler Avenue) (Council District 5) RESOLUTION 2021-073 ADOPTED 1-N ID 21-368 Actions pertaining to Final Map of Tract No. 5551 City of Fresno ***Subject to Mayoral Veto Page 8 March 18, 2021City Council Meeting Minutes - Draft RESOLUTION - Approving the Final Map of Tract No. 5551, of Vesting Tentative Tract Map No. 5551, and accepting dedicated public uses offered therein- south side of North Salinas Avenue between North Figarden Drive and West Corona Avenue (Council District 2). RESOLUTION 2021-074 ADOPTED 1-O ID 21-405 Actions pertaining to adding one full-time position to Council District 7 Office Division 1. ***Approve 4th Amendment to Position Authorization Resolution No. 2020-160, adding one (1) full-time position to the Council District 7 Office Division, effective March 18, 2021. (Subject to Mayor’s Veto) The above item was pulled from Consent Calendar by Councilmember Arias and moved to Contested Content for further discussion. CONTESTED CONSENT CALENDAR 1-F ID 21-348 Actions related to the leasing of City-owned land at Roeding Park (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines 2. Approve first amendment to lease agreement between the City and Storyland and Playland, Inc. for property at Roeding Park, located at 890 W. Belmont Ave, for the purpose of operating Playland and Storyland to provide educational opportunities and pleasure to the children and families in the Central Valley for a term of 31 years at $1.00 per year. The above item was introduced to Council by Councilmember Arias, District 3. There was no Council discussion. APPROVED On motion of Councilmember Arias, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - City of Fresno ***Subject to Mayoral Veto Page 9 March 18, 2021City Council Meeting Minutes - Draft 1-G ID 21-363 Actions pertaining to amending Sections 3-330, 3-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3-424e, 3-547, 3-550, 3-552 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. 1. BILL - (For Introduction) Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the First Tier of the Fire and Police Retirement System. 2. BILL - (For Introduction) Amending Sections 3-547, 3-550, 3-552, and 3-556(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Employees Retirement System. 3. BILL - (For Introduction) Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Second Tier of the Fire and Policy Retirement System. The above item was introduced to Council by Director Cardell, Personnel Department. There was no Council discussion. BILL 10 APPROVED, INTRODUCED AND LAID OVER BILL 11 APPROVED, INTRODUCED AND LAID OVER BILL 12 APPROVED, INTRODUCED AND LAID OVER On motion of Councilmember Arias, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Arias, Maxwell and Bredefeld6 - Absent:Karbassi1 - 1-I ID 21-362 Approve the Fourth Amendment to the Consultant Services Agreement with Byrne Software Technologies, Inc., for professional services for Accela Land Management Support, increasing the contract amount by $75,000, for a total contract value of $525,000, and to extend the agreement to December 31, 2021. The above item was introduced to Council by City Manager Esqueda, City Manager's Office and Mayor Dyer, Mayor's Office. Councilmember Bredefeld asked several questions regarding the Accela program and if it the issues have been addressed and fixed improving operations and more user friendly. Councilmember Bredefeld asked the City of Fresno ***Subject to Mayoral Veto Page 10 March 18, 2021City Council Meeting Minutes - Draft Administration when the software program will be fixed in 2022. City Manager Esqueda responded. Councilmember Arias asked the Administration to share the assessment with the Council and members of the public. Mayor Dyer responded. APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Arias, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Karbassi, Arias, Maxwell and Bredefeld6 - Absent:Soria1 - 1-J ID 21-349 Actions related to the Freeway Litter Abatement Project: 1. ***RESOLUTION - 68th Amendment to the Annual Appropriations Resolution No. 2020-159 Appropriating $197,000 from the California Department of Transportation for the Freeway Litter Abatement Project (Requires 5 votes) (Subject to Mayor’s veto) 2. Approve Contract Change Order No. 2 to the Highway Litter Control Contract with Landscape Maintenance of America dba California Highway Adoption Co, in the amount of $195,194, increasing the total FY21 contract amount to $512,070. The above item was introduced to Council by Director Mozier, Public Works Department. Councilmember Arias asked staff how often is Golden State cleaned up by the City or CalTrans. He asked staff if the Administration plans on making the Golden State a part of the litter control for Beautify Fresno proposal or is the Administration going to deal with the litter control separately and stated he expects the area to be cleaned up monthly. Director Mozier and Mayor Dyer responded. Councilmember Maxwell spoke regarding his concerns with the littler on the freeways throughout District 4 and asked what can be done to be sure both sides of the freeways on 168 are cleaned up. Director Mozier responded. Councilmember Bredefeld asked about the Adult Worker Vendor Program. Director Mozier responded. City of Fresno ***Subject to Mayoral Veto Page 11 March 18, 2021City Council Meeting Minutes - Draft RESOLUTION 2021-072 ADOPTED On motion of Councilmember Arias, seconded by Councilmember Maxwell, that the above Action Item be adopted. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 1-K ID 21-351 Actions pertaining to the Fulton Street Reconstruction Project construction contract with American Paving Company of Fresno, California (Council District 3): 1. Approve Settlement Agreement and Mutual Release, in the amount of $321,335, with American Paving Company, Royston, Hanamoto, Alley & Abey and Provost & Pritchard Engineering Group, Inc. 2. Approve Contract Change Order No. 74, which increases the construction contract amount by $208,867.75 with American Paving Company of Fresno, California There was no introduction to Council and no Council discussion. APPROVED On motion of Councilmember Arias, seconded by Councilmember Maxwell, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Karbassi, Arias, Maxwell and Bredefeld6 - Absent:Soria1 - City Council recessed for lunch at 12:16 P.M. and returned from lunch at 1:30 P.M. 1-O ID 21-405 Actions pertaining to adding one full-time position to Council District 7 Office Division 1. ***Approve 4th Amendment to Position Authorization Resolution No. 2020-160, adding one (1) full-time position to the Council District 7 Office Division, effective March 18, 2021. (Subject to Mayor’s Veto) The above item was introduced to Council by Council Vice President Esparza, District 7. Council Vice President Esparza motioned to amend the item to approve up to five (5) new full-time positions to Council Districts. Councilmember Karbassi seconded the motion. City of Fresno ***Subject to Mayoral Veto Page 12 March 18, 2021City Council Meeting Minutes - Draft RESOLUTION 2021-075 ADOPTED AS AMENDED On motion of Vice President Esparza, seconded by Councilmember Karbassi, that the above Action Item be adopted as amended. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 1-H ID 21-365 Actions pertaining to the Homeless Emergency Aid Program (HEAP): 1. Approve Amended Agreement with Fresno County Economic Opportunities Commission (EOC) for homeless youth services emergency shelter beds totaling $242,153.76 2. Approve Amended Agreement with Turning Point of Central California for triage center services totaling $1,863,000 3. Approve Amended Agreement with Focus Strategies for program management services totaling $170,571 Council President Chavez recused himself from the above item. The above item was introduced to Council by Housing and Homeless Services Director Spees, Planning and Development Department. Discussion was held between Councilmembers and staff regarding additional beds, providing resources to Dez Martinez’s homeless encampment, and working with a Community Base Organization (CBO) to assist Dez Martinez's encampment. Concerns were expressed regarding sanctioning encampments, City of Fresno's liability, and crime in the encampment. Friendly amendment that the Administration come back on April 8, 2021 with a plan to help Dez Martinez’s homeless encampment. Councilmember Arias and Councilmember Soria agree to the amendment. APPROVED AS AMENDED On motion of Councilmember Arias, seconded by Councilmember Soria, that the above Action Item be approved as amended. The motion carried by the following vote: Aye:Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld6 - City of Fresno ***Subject to Mayoral Veto Page 13 March 18, 2021City Council Meeting Minutes - Draft Recused:Chavez1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 21-355 HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 120 (Final Tract Map No. 6224) (southeast corner of East Shields and North Temperance Avenues) (Council District 4) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 120 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 120 (Subject to Mayor’s Veto) The item was called to order at 2:28 P.M. and introduced to Council by Councilmember Maxwell, District 4. Upon call, there was no public comment and no Council discussion. RESOLUTION 2021-076 ADOPTED RESOLUTION 2021-077 ADOPTED RESOLUTION 2021-078 ADOPTED BILL 13/ORDINANCE 2021-011 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Karbassi, that the above Action Item be adopted. The motion carried by the following vote: Aye:Chavez, Soria, Karbassi, Maxwell and Bredefeld5 - No:Esparza and Arias2 - 10:05 A.M. ID 21-120 Actions pertaining to amendments to the Master Fee Schedule Resolution City of Fresno ***Subject to Mayoral Veto Page 14 March 18, 2021City Council Meeting Minutes - Draft No. 80-420 to Add, Adjust, or Delete Various Fees: 1. HEARING to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Development Fees Associated with the Current Planning, Building and Safety Services, and Parking Divisions of the Planning and Development Department (Citywide). 2. Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15273(a) for amendments to fees pertaining to: (1) Public Utilities - (a) Solid Waste, (b) Wastewater, and (c) Water Division; (2) PARCS; and (3) Planning - (a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3. ***RESOLUTION -560th Amendment the Master Fee Schedule Resolution No. 80-420 Making Various Changes to the Regulatory, Development, and User Fees in the Current Planning, Building and Safety Services, and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4. ***RESOLUTION - 561st Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) The above item was continued to April 8, 2021 and staff will provide a workshop in the future. 10:10 A.M. ID 21-338 Appearance by Anthony Tassone to discuss Remove Racial Bias by Analyzing Police Body Cams While Reducing City Spend. (Speaker resides in Chicago, IL) APPEARED 10:15 A.M. ID 21-403 Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T). 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15332 (Class 32-infill) of the California Environmental Quality Act (CEQA) 2. Approve a Purchase and Sale Agreement between the Housing Successor and Noyan Frazier LP for property located at 887 Fulton Street. Sponsors: Executive Director, Fresno Revitalization Corporation City of Fresno ***Subject to Mayoral Veto Page 15 March 18, 2021City Council Meeting Minutes - Draft The above item was continued to April 8, 2021. 3. GENERAL ADMINISTRATION There were no General Administration Items. 4. CITY COUNCIL There were no City Council items. 5. CLOSED SESSION City Council recessed into Closed Session at 2:39 P.M. and returned from Closed Session at 5:16 P.M. There was no announcements after Closed Session and the below items were discussed. Councilmember Soria recused herself on items 5-D, 5-E, and 5-G. 5-B ID 21-376 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Gerald Miller v. City of Fresno Fresno County Superior Court Case No.:17CECG03966 (Police Department) 5-C ID 21-390 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(2) Case Names: City of Fresno v. Carolina Sanchez; City of Fresno v. Immobillare, LLC., and Pat Desantis 5-F ID 21-393 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1625 G Street Fresno, CA 93706 (APN 465-084-30) Negotiating Parties: City Manager, 1626 Fresno MRP, LLC Under Negotiations: Price and terms of acquisition 5-H ID 21-395 CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1): City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims 16-1276L 5-D ID 21-391 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government City of Fresno ***Subject to Mayoral Veto Page 16 March 18, 2021City Council Meeting Minutes - Draft Code Section 54956.8; Property: APN 438-021-92T, 35T, 93T, and 60T, and 438-062-37T and 53T Negotiating Parties: City Manager, CVCSF. 5-E ID 21-392 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069. 5-G ID 21-394 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-282-21T (Berkeley Building) Negotiating Parties: Executive Director Murphey, Noyan Frazier Capital, L.P. Under Negotiations: Price and terms of sale Sponsors: Executive Director, Fresno Revitalization Corporation 5-A ID 21-398 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): Consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2. Government Code Section 54957.6: Conference with Labor Negotiator City Negotiator: Council President Luis Chavez Unrepresented Employee: City Clerk ADJOURNMENT City Council adjourned at 5:16 P.M. in memory of Bob Smittcamp City of Fresno ***Subject to Mayoral Veto Page 17 Thursday, March 18, 2021 1:00 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Electronic Meeting City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Special Meeting March 18, 2021City Council Meeting Minutes - Draft City Council met in special meeting session, City Hall on the date and time written above. 3:57 P.M. ROLL CALL President Luis Chavez Vice President Nelson Esparza Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Garry Bredefeld Present:7 - CLOSED SESSION Upon call, there was no public comment and no announcements after Closed Session. A ID 21-426 CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Matters posing a threat to the security of public buildings, the security of essential public services, and to the public's right of access to public services and public facilities, and related actions pertaining to the Declaration by Governor Newsom of a State of Emergency to Help State Prepare for Broader Spread of COVID-19, and related local concerns. DISCUSSED ADJOURNMENT City Council adjourned the special meeting session at 4:12 P.M. City of Fresno ***Subject to Mayoral Veto Page 2 Wednesday, March 31, 2021 3:00 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Electronic Meeting City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Special Meeting March 31, 2021City Council Meeting Minutes - Draft City Council met in special closed and open session, City Hall on the date and time written above. 3:02 P.M. ROLL CALL Council President Chavez recused himself from the meeting. Vice President Nelson Esparza Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Garry Bredefeld Present:6 - President Luis ChavezAbsent:1 - APPROVE AGENDA On motion of Councilmember Soria, seconded by Councilmember Bredefeld,the above Action was approved. The motion carried by the following vote: Aye:Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld6 - Recused:Chavez1 - CLOSED SESSION Upon call there was no public comment and City Council recessed into Closed Session at 3:08 P.M. and returned from Closed Session at 3:33 P.M. There was no announcements after Closed Session. A ID 21-492 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION- Government Code Section 54956.9(d)(2): Significant Exposure to Litigation: City of Fresno v. County of Fresno and CMG Construction Management DISCUSSED OPEN SESSION A ID 21-493 RESOLUTION - Disaffirming and revoking Regulatory Agreement between the City of Fresno, in its capacity as Housing Successor, the County of Fresno, and CMG Construction Management, Inc., dated September 24, 2019. City of Fresno ***Subject to Mayoral Veto Page 2 March 31, 2021City Council Meeting Minutes - Draft The above item was introduced to Council by Council Vice President Esparza, District 7. Upon call, the following member of the public addressed Council: Moises Garcia. RESOLUTION 2021-079 ADOPTED ADJOURNMENT City Council adjourned at 3:48 P.M. in memory of Cesar Chavez. City of Fresno ***Subject to Mayoral Veto Page 3 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-482,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 SUBJECT BILL No. B-5 (Intro 3/4/21) (for adoption) - An emergency ordinance adding Section 2-517 to the Fresno Municipal Code related to grocery store employee hazard pay. (Requires five affirmative votes) City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ 1 of 11 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING SECTION 2-517 TO THE FRESNO MUNICIPAL CODE RELATED TO GROCERY STORE EMPLOYEE HAZARD PAY THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2-517 is added to the Fresno Municipal Code to read: SECTION 2-517. GROCERY STORE EMPLOYEE HAZARD PREMIUM PAY. (a) Purpose. As a result of the COVID-19 pandemic, this Ordinance aims to protect and promote the public health, safety, and welfare during the COVID-19 emergency by requiring grocery stores to provide premium pay for grocery workers performing work in the City. Requiring grocery stores to provide premium pay to gro cery workers compensates grocery workers for the risks of working during a pandemic. Grocery workers face magnified risks of catching or spreading COVID -19 because the nature of their work involves close contact with the public, including members of the public who are not showing symptoms of COVID - 19 but who can spread the disease. The provision of premium pay better ensures the retention of these essential workers who are on the front line s of this pandemic providing essential services and who are needed throughout the duration of the COVID-19 emergency. As such, they are 2 of 11 deserving of fair and equitable compensation for their work. Alternatively, this Ordinance would provide a minimum level of access to healthcare for essential grocery workers that will have long-term effects beyond the COVID-19 pandemic. (b) Definitions. For purposes of this section, the following definitions apply: (1) “Base Wage” means the hourly wage paid to Covered Employees as of the effective date of this Ordinance not including Hazard Premium Pay owed under this Ordinance or any Employer - Initiated Hazard Pay. (2) “City” means the City of Fresno. (3) “Covered Employer” means: (i) A Grocery Store, as define herein, that employs 500 or more employees nationwide, regardless of where those employees are employed, including but not limited to chains, integrated enterprises, or Franchises associated with a Franchisor or network of Franchises with Franchisees that employ more than 500 employees in the aggregate, regardless of where those employees are employed. 1. To determine the number of Grocery Store’s employees, the calculation shall be based on the actual number of employees per calendar week who worked for compensation during the pay period 3 of 11 preceding the effective date of this Ordinance. All employees who worked for compensation shall be counted, including but not limited to employees who are not covered by this Ordinance; employees who worked inside the City; employees who worked outside the City; and employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the service of a temporary services staffing agency or similar entity. (4) “Covered Employee” means any person who: (i) In a calendar week, performs at least two hours of work for a Covered Employer within the geographic boundaries of the City; and (ii) Qualifies as an employee entitled to payment of a minimum wage from any Covered Employ under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission. (5) “Employer-Initiated Hazard Pay” shall mean any other premium hourly rate already paid by a Covered Employer solely to compensate Covered Employees for working during the pandemic. (6) “Franchise” means a written agreement by which: 4 of 11 (i) A person is granted the right engage in the business of offering, selling, or distributing goods or services under a marketing plan prescribed or suggested in substantial part by a Franchisor or its affiliates; and (ii) The operation of a business is substantially associated with a trademark, service mark, trade name, advertising, or other commercial symbol; designating, owned by, or licensed by a Franchisor or its affiliates; and (iii) The person pays, agrees to pay, or is required to pay, directly or indirectly, a fee for the rights granted to the person under such written agreement. (7) “Franchisee” means a person to whom a Franchise is offered or granted. (8) “Franchisor” means a person who grants a Franchise to another person. (9) “Holiday Premium” means the hourly wage paid to Covered Employees for performing work during a holiday or holiday season. (10) “Hazard Premium Pay” means Covered Employer shall pay the amount of $3 per hour in hazard pay above and beyond any payments already owed to the Covered Employee. (11) “Hours Worked” means the time during which a Covered Employee is subject to the control of a Covered Employer, 5 of 11 including all times the Covered Employee is permitted to work, and on-call. (12) “Grocery Store” means a retail store in the City that is either over 15,000 square feet in size, or at least 10% of its sales floor area is dedicated to non-taxable merchandise, that sells household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and/or prepared foods. “Grocery Store” also means a drug retail store in the City that sells a variety of prescription and nonprescription medicines and miscellaneous items, including but not limited to drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, prepared foods, and other merchandise. (13) “Retaliatory Action” means the failure to hire, or the discharge, suspension, demotion, penalization, lowering of the Base Wage or Holiday Premium wage, or discrimination or any other adverse action against a Covered Employee with respect to the terms and conditions of the Covered Employee’s employment, for opposing any practice proscribed by this Ordinance, for participating in proceedings related to this Ordinance, for seeking to enforce his or her rights under this Ordinance by any lawful means, or for otherwise asserting rights under this Ordinance. 6 of 11 (c) Payment of Hazard Premium Pay to Covered Employees. (1) Hazard Premium Pay. For all hours worked and in addition to the Covered Employee’s Base Wage or Holiday Premium Wage, whichever applicable at the time of hours worked, Covered Employers shall pay Hazard Premium Pay to their Covered Employees. (2) Duration of Hazard Premium Pay. Covered Employers shall pay Hazard Premium Pay to all workers for 120 days from the effective date of this Ordinance. (d) Protections. (1) No Covered Employer shall, as a result of this Ordinance going into effect, reduce a Covered Employee’s compensation or limit a Covered Employee’s earning capacity. (2) It shall be a violation if this Ordinance is a motivating factor in a Covered Employer’s decision to take any of the actions in subsection (1) above, unless a Covered Employer can prove that its decision to take the action(s) would have happened in the absence of this Ordinance going into effect. (e) Notice and Posting. Every Covered Employer shall post in a conspicuous place at any workplace or job site where any Covered Employee works, a notice informing Covered Employees of their rights under this Ordinance. Every Covered Employer shall post notices in English, Spanish, and any other language spoken by at least 5% of the 7 of 11 Covered Employees at the workplace or job site. Every Covered Employer also shall provide each Covered Employee at the time this Ordinance becomes effective or at the time of hire, whichever is later, the Covered Employer and owner or manager’s name; address; telephone number; and whether it is part of a chain, integrated enterprise, or Franchise associated with a Franchisor or network of Franchises. If the information the Covered Employer provided to the Covered Employee changes, the Covered Employer shall provide the updated information in writing within ten days of the change. (f) Retaliation Prohibited. It shall be unlawful for a Covered Employer or any other party to discriminate in any manner or take adverse action against any Covered Employee in retaliation for exercising rights protected under this Ordinance. Rights protected under this Ordinance include but are not limited to, the right to file a complaint or inform any person about any party’s alleged noncompliance with this Ordinance , and the right to inform any person of his or her potential rights under this Ordinance and to assist him or her in asserting such rights. Protections of this Ordinance shall apply to any Covered Employee who mistakenly, but in good faith, alleges noncompliance with this Ordinance. Taking adverse action against a Covered Employee, including but not limited to lowering Covered Employees’ Base Wage or Holiday Premium Wages or reduction of hours, within ninety days of the Covered Employee’s exercise of rights 8 of 11 protected under this Ordinance, shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. (g) Credit for Employer-Initiated Hazard Pay. Hazard Premium Pay otherwise required under this Ordinance shall be reduced by the hourly amount of any Employer-Initiated Hazard Pay (e.g., a Covered Employer offering a $2 per hour Employer-Initiated Hazard Pay pays an additional $1 per hour in Hazard Premium Pay per this Ordinance). Such Covered Employer must demonstrate that, as of the effective date of this Ordinance and in any subsequent covered pay periods, all Covered Employees are receiving such Employer-Initiated Hazard Pay. No Covered Employer shall be credited prospectively for any past payments. No Covered Employer shall be credited for any hourly premiums already owed to Covered Employees, such as but not limited to, Holiday Premiums. Nothing herein shall be interpreted to prohibit any Covered Employer from paying more than $3 per hour in Hazard Premium Pay. (h) As an alternative to providing Hazard Premium Pay, Covered Employers may opt to permanently provide to all Covered Employees a basic level of healthcare protection. Healthcare must be exclusive of any governmentally-provided medical plan and must include at least the following minimum benefits: (1) Coverage after two months of employment for employee, spouse, and dependents. 9 of 11 (2) Zero dollar weekly premium for the employee; $20 weekly premium for dependents. (3) Healthcare reimbursement account of $250 employee only, or $350 employee with dependents; (4) Calendar year deductible of $1,200 employee only; $2,400 employee plus one dependent; $2,900 employee with two or more dependents; (5) Calendar year out of pocket maximum of $6,900 employee only; $13,800 employee plus one or more dependents; (6) Hospital, outpatient surgery and emergency room coverage of 50% after deductible met; (7) Doctor’s office visits covered at 50% after deductible met; (8) Prescription coverage of $25 for a 30-day supply (or less if generic is less than $25); (9) Paid sick leave of 6 days per year; 14 days if COVID- 19 related or quarantined. (i) No Waiver of Rights. Any waiver by a Covered Employee of any or all of the provisions of this Ordinance shall be deemed contrary to public policy and shall be void and unenforceable. (j) Penalties or Enforcement. A violation of this Ordinance is a misdemeanor punishable by imprisonment for a period not exceeding one year, or by a fine of not more than $1,000, or by both fine and imprisonment. 10 of 11 Alternatively, an administrative citation may be imposed pursuant to Section 1-308 of this code with an administrative fine up to $10,000 per violation. (k) Private Right of Action. Any Covered Employee that suffers financial injury as a result of a violation of this Ordinance, or is the subject of prohibited retaliation, may bring a civil action in a court of competent jurisdiction against the hiring entity or other person violating this Ordinance, and, upon prevailing, may be awarded reasonable attorney’s fees and costs and such legal or equitable relief as may be appropriate to remedy the violation, including without limitation, the payment of any unpaid compensation plus interest due to the person and liquidated damages in an additional amount of up to twice the unpaid compensation , and a reasonable penalty payable to any aggrieve d party if the aggrieved party was subject to prohibited retaliation. (l) Conflicts, Severability. Nothing in this Ordinance shall be interpreted or applied so as to create any power of duty in conflict with any federal or state law. If any subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. (m) Effectiveness. This Ordinance shall remain in effect for 120 days past its effective date, unless further extended by the Council. SECTION 2. This ordinance is declared to be necessary as an emergency measure for preserving the public peace, health, or safety, for the reasons set forth above. Pursuant to Sections 603 and 610 of the Charter of the City of Fresno, this Ordinance shall take effect immediately upon passage. 11 of 11 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________ 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk BY: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Katie Doerr Date Deputy City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-465,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:THOMAS ESQUEDA, City Manager Office of the Mayor & City Manager BY:JENNIFER RUIZ, Project Manager Office of the Mayor & City Manager SUBJECT Actions pertaining to Commercial Cannabis Activity: 1. RESOLUTION - AUTHORIZING STATE OF CALIFORNIA CANNABIS EQUITY ACT GRANT FUNDING 2. ***RESOLUTION - 71st Amendment to the Annual Appropriation Resolution No. 2021-159 Appropriating $1,205,000 for the Cannabis Equity Grant Program (Subject to Mayor’s Veto) 3. Approve a No-Cost Extension Agreement Amendment with Hinderliter, de Llamas, and Associates for Professional Cannabis Consulting and Support Services 4. BILL- (For introduction)Amending Sections 9-3316 and 9-3325 of the Fresno Municipal Code, relating to the regulation of cannabis. RECOMMENDATION Staff recommends that the City Council take the following actions: 1. APPROVE the Resolution to Authorize the State of California Equity Act Grant Funding and Authorize the City Manager to Approve the Grant Agreement. 2. APPROVE the Resolution and Adopt the 71st Amendment to the Annual Appropriations Resolution No. 2020-159 adding revenue and expenses relating to Commercial Cannabis Social Equity Businesses. 3. Approve the No-Cost Extension of the Contract with Hinderliter, de Llamas, and Associates for Professional Cannabis Consulting and Support Services City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-465,Version:1 4. INTRODUCE BILL-Amending Sections 9-3316 and 9-3325 of the Fresno Municipal Code, relating to the regulation of cannabis. EXECUTIVE SUMMARY The City of Fresno opened the application process for Commercial Cannabis Business Permits beginning October 19, 2020. Applications were due December 4, 2020 for the standard application process. City staff are currently in the process of reviewing and ranking applications which will determine which applicants will proceed to the next phase of the application process: applicant interviews. Each action described herein relates to the overall cannabis framework as described in Article 33 of Chapter 9 of the FMC. Approval of these actions would accept grant funds to fund the services for cannabis social equity businesses described by FMC 9-3316(b)(6)(vii) and appropriate those dollars for the authorized purpose. It would also approve a no-cost extension for the City’s contract with Hinderliter, de Llamas, and Associates (HdL) to ensure City staff will have the availability of continued professional cannabis technical support as we continue to develop and implement the framework for commercial cannabis businesses in the City of Fresno. Lastly, approval of the final action introduces a bill that includes minor amendments of FMC Section 9-3316(f) and 9-3325(a)(2). BACKGROUND State of California Equity Act Grant for Local Jurisdictions (relating to item 1 and 2) This grant program seeks to advance economic justice for populations and communities disproportionately affected by cannabis prohibition by providing funding to local jurisdictions that are committed to promoting equity in the legal cannabis marketplace and eliminating barriers to entering the regulated cannabis industry. The City of Fresno has been awarded $1,204,934.25 and this resolution accepts those funds and authorizes the City Manager to execute the grant agreement. The City’s proposal allocates the majority of the grant funds ($1,084,934.25) to business loans and grants, which will be administered through the Equity Assistance Program Fund established by Resolution No. 2021-019. The City Manager’s Office will develop procedures to guide the use of the funds in accordance with grant guidelines. The resolution adopting the 71 st amendment to the annual appropriation resolution appropriates the Equity grant funds and identifies the account titles and numbers. No-Cost Extension of Contract with Hinderliter de Llamas, and Associates On November 19, 2020 the City Council approved a contract amendment for Hinderliter, de Llamas, and Associates (HdL) for professional cannabis consulting which increased the total authorized amount of the contract to $71,700 to assist during the application review process by providing technical assistance to staff reviewers and to assist with the development of the cannabis permit fee. The first amendment of this contract extended the date of performance to December 31, 2020. City staff are still conducting cannabis application reviews and still gathering data to inform the development of the cannabis permit fees and therefore request a no-cost extension of this contract with a new expiration date of December 31, 2021. City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-465,Version:1 Amending Sections 9-3316 and 9-3325 of the Fresno Municipal Code This bill amends FMC Section 9-3316(f) to specify that full copies of cannabis applications will be on the City’s website once the interview process is complete for that particular application process. The ordinance was previously silent on when cannabis applications would be posted on the City’s website. The amendment protects the fairness of the evaluation process by ensuring that applicant proposals are made public after the interview process is complete, as has been the process in other jurisdictions. This bill also amends FMC Section 9-3325(a)(2) in order to remove language referring to the sale of a cannabis permit. Cannabis permits cannot be sold in the City of Fresno. Removing this language will avoid confusion on this issue. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference was not considered because these items are not a competitive bid. FISCAL IMPACT For items 1 and 2, the total grant award amount of $1,204,934.25 will be appropriated and expended according to the grant agreement through the CA Cannabis Equity Act Grant Fund. Items 3-4 have no anticipated fiscal impact. Attachments: 1. Resolution Equity Grant 2. Resolution AAR 3. HdL Third Amendment 4. Ordinance City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 71st AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2020-159 APPROPRIATING $1,205,000 FOR THE CANNABIS EQUITY GRANT PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2020-159 be and is hereby amended as follows: Increase/(Decrease) TO: OFFICE OF THE MAYOR & CITY MANAGER DEPARTMENT CA Cannabis Equity Act Grant $ 1,205,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: CA Cannabis Equity Act Grant Revenue: Account: 33401 State-Grant $ 1,205,000 Fund: 22076 Org Unit: 100403 Total Revenue $ 1,205,000 Appropriations: Account: 53302 Prof Svcs/Consulting - Outside $ 120,000 58012 Loans From City To O/S Agency 1,085,000 Fund: 22076 Org Unit: 100403 Total Appropriations $ 1,205,000 THAT the purpose is to appropriate $1,205,000 for the Cannabis Equity Grant Program. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2021 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Veto: , 2021 YVONNE SPENCE, MMC City Clerk BY: ____________________________ Deputy 1 THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT (Amendment) is effective as of April 8, 2021, and amends the Consultant Services Agreement, dated March 8, 2020, entered into between the CITY OF FRESNO, a municipal corporation (City), and HINDERLITER, DE LLAMAS AND ASSOCIATES (HdL Companies), a California corporation (Consultant). RECITALS A. The City and the Consultant entered into a Consultant Services Agreement, dated March 8, 2020, (Agreement), for professional cannabis and support services; and B. The City and the Consultant amended the Agreement to extend the term of the Agreement until December 31, 2020, (First Amendment) due to mutual delays by both parties due to the COVID-19 pandemic; and C. The City and Consultant amended the Agreement to authorize additional scope of work increasing the Consultant’s compensation to total $71,700 for additional work for technical support and development of fee structure (Second Amendment). D. The City and the Consultant wish to amend the Agreement to extend the term of the Agreement until December 31, 2021, due to the ongoing application evaluation process, regulatory framework development, and a second application window planned for later in the year for commercial cannabis business permits (non-retail). AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. Term. Section 2 of the Agreement is deleted in its entirety and replaced with the following: Term of Agreement and Time for Performance. This Agreement shall be effective from the date set forth above (Effective Date) and shall continue in full force and effect through December 31, 2021, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 2. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute one and the same instrument. Delivery of an executed counterpart of this First Amendment by facsimile or other electronic means shall be equally effective as delivery of a manually executed original counterpart of this Amendment. DocuSign Envelope ID: 79829CE3-9512-4C74-88F7-0D1001531D44 2 3. Effect of Amendment. Except as expressly provided in this Amendment, all other terms and provisions of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above. CITY OF FRESNO, a California municipal corporation By: Thomas Esqueda City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Mary Raterman-Doidge Date Senior Deputy City Attorney ATTEST: YVONNE SPENCE, MMC City Clerk By: Deputy HINDERLITER, DE LLAMAS AND ASSOCIATES, a California corporation By: Name: Andrew Nickerson Title: President (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Richard Park Title: Chief Financial Officer (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: 79829CE3-9512-4C74-88F7-0D1001531D44 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-397,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities SUBJECT Approve the First Amendment to the Grant of Option Agreement between City of Fresno and Fresno Community Solar Developers, LLC., to lease up to 158 acres of land at the Fresno Clovis Regional Wastewater Reclamation Facility to generate solar energy under the California Public Utilities Commission Disadvantaged Communities-Green Tariff Program (Council District 3) RECOMMENDATION Staff recommends that the City Council approve the First Amendment to the Grant of Option Agreement between City of Fresno and Fresno Community Solar Developers, LLC. (FCSD), to lease up to 158 acres of land at the Fresno Clovis Regional Wastewater Reclamation Facility to generate solar energy under the California Public Utilities Commission Disadvantaged Communities-Green Tariff Program (DAC-GT). EXECUTIVE SUMMARY On June 21, 2018, the California Public Utilities Commission (CPUC) approved D.18-06-027, as a new program to promote Solar Generation for Disadvantaged Communities (DAC). Under this program, FCSD is pursuing a DAC-GT solar project through Pacific Gas & Electric (PG&E). On February 27, 2020, the City Council approved a Grant of Option Agreement with FCSD for the development of a 20 megawatt (MW) DAC-GT solar generation facility at South Cornelia Avenue south of West Jensen Avenue near the RWRF. Following approval of the Grant of Option, FCSD was required to downsize the project to a 10 MW facility requiring only 85 acres of land. The smaller size project and subsequent lower energy price offering has necessitated changes to the Grant of Option Agreement. The attached First Amendment to the Grant of Option Agreement extends the expiration date from June 30, 2021 to December 31, 2021; reduces the lease price from $2,000 per acre with a three percent per year annual escalator to a fixed $1,000 per acre; allows for two 10-year lease extensions with a profit share equal to 20 percent of FCSD’s distributable cash, to be paid in lieu of rent; and a workforce development program to provide hands-on utility scale solar photovoltaic training to citizens of disadvantaged census tracts located within the City of Fresno who are interested in City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-397,Version:1 citizens of disadvantaged census tracts located within the City of Fresno who are interested in gaining skills to obtain employment in the solar industry. The training program will not exceed $95,000. FCSD agrees to voluntarily abide by the City’s local hiring goals requiring targeted hiring for journeymen and apprentices residing in economically disadvantaged areas. BACKGROUND On June 21, 2018, the CPUC approved D.18-06-027, as a new program to promote DAC. With that decision the CPUC is requiring investor owned utilities (e.g., PG&E) to implement two new Green Tariff Programs for DACs. The Green Tariff Programs for DACs approved by the CPUC includes both a DAC-GT and a Community Solar Green Tariff (CS-GT). The DAC-GT program is designed to allow families living within DACs to participate in the benefits of solar energy production, when they would normally not be able to afford the cost of solar energy systems to be placed on their home. Under the DAC-GT program, families who live in DACs and meet the income eligibility requirements for the California Alternate Rates for Energy (CARE) and Family Electric Rate Assistance (FERA) programs and sign up for the DAC-GT program, will be provided a 20 percent discount off of their normal applicable electrical energy rate. The DAC-GT enrollment has a program participation cap of 70 MW for the entire PG&E service territory. On February 27, 2020, the City Council approved a Grant of Option Agreement with FCSD for the development of a 20 MW DAC-GT solar generation facility at South Cornelia Avenue south of West Jensen Avenue near the RWRF. The Grant of Option Agreement provided FCSD the exclusive right to lease 158 acres of land owned by the Wastewater Management Division at $2,000 per acre for the first year of the lease, and a 3 percent per year annual escalator over a 20-year term of the lease. Following approval of the Grant of Option Agreement, FCSD determined that substation improvements required by PG&E to support a 20 MW solar generation facility at the selected site were cost prohibitive. Due to the additional cost, FCSD reengineered and downsized the project to a 10 MW facility requiring only 85 acres of land. During 2020, PG&E advertised two Request for Offers (RFO) solicitations for DAC-GT solar generation projects. In the first RFO, FCSD was unsuccessful at getting a Power Purchase Agreement (PPA) with PG&E in part because of a too high energy price offering. In the second RFO, FCSD was required to significantly lower its energy price offering. The smaller size project and the lower energy price offering, has necessitated changes Grant of Option Agreement. In summary, the attached First Amendment to the Grant of Option Agreement extends the expiration date from June 30, 2021 to December 31, 2021; reduces the lease price from $2,000 per acre with a three percent per year annual escalator to a fixed $1,000 per acre; allows for two 10-year lease extensions with a profit share equal to 20 percent of distributable cash, to be paid in lieu of rent; and a workforce development program to provide hands-on utility scale solar photovoltaic training to citizens of disadvantaged census tracts located within the City of Fresno who are interested in gaining skills to obtain employment in the solar industry. The training program will not exceed $95,000. FCSD agrees to voluntarily abide by the City’s local hiring goals requiring targeted hiring for journeymen and apprentices residing in economically disadvantaged areas. Staff recommends the City Council approve the First Amendment to the Grant of Option Agreement City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-397,Version:1 between the City of Fresno and FCSD for up to 158 acres of land at the RWRF. ENVIRONMENTAL FINDINGS Approval of the Grant of Option Agreement is not a project for the purposes of CEQA. FCSD will be responsible for all environmental approvals and permits required for the DAC-GT project prior to any construction being initiated. LOCAL PREFERENCE Local preference was not considered because the First Amendment to the Grant of Option Agreement is an amendment to an existing agreement. FISCAL IMPACT The Department of Public Utilities has negotiated an annual lease rate of $1,000 per acre and will accrue to the Wastewater Management Division. While there is no direct benefit to the General Fund, it is expected that the General Fund will benefit from the project from additional sales tax and property tax payments which will result from the project. Attachments: Attachment 1 - First Amendment to the Grant of Option Agreement Attachment 2 - Grant of Option Agreement Attachment 3 - February 27, 2020 City Council Report for Lease Option Agreement Attachment 4 - Site Map City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ GRANT OF OPTION AGREEMENT THIS GRANT OF OP��f\l AGREEMENT (this Agreement) is made and entered into this ZVll\ day of .J;e 6" �?y 2020 (the Effective Date), by and between the City of Fresno, (City), a municipal corporation, and Fresno Community Solar Developers, LLC., a California limited liability corporation (FCSD). City and FCSD are sometimes collectively referred to in this Agreement as the "Parties" or singularly as a "Party" or by their individual names. RECITALS A. City is the owner of that certain real property located in the County of Fresno, State of California, referred to for convenience as approximately one hundred fifty-eight ( 158) acres identified by assessor's parcel number 327-030-22ST (the Property), a depiction of which is attached hereto as Exhibit "A" and incorporated herein by this reference. B. The Property is currently leased until December 31, 2020. C. FCSD desires to obtain long-term site control of the Property for the purpose of developing a solar plant on the site that will provide energy to Pacific Gas and Electric (PG&E) under a Power Purchase Agreement (PPA) under the Disadvantaged Community Green Tariff Program (Assembly Bill 327, Perea, 2013) or PPA with a lease agreement that would include a Fresno disadvantaged community benefit provision as mutually agreed upon by the City. D. City agrees to provide FCSD an option to lease the Property, pursuant to the terms and subject to the conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and in these Recitals, which are hereby incorporated by this reference, City and FCSD hereby agree as follows: 1. Parcel Option and Lease a. Parcel Option. The City hereby grants to FCSD the exclusive option and right to lease up to 158 acres of the Property as approximately identified in the attached "Exhibit A" (the Parcel Option). The Parcel Option will commence on the Effective Date and expire June 30, 2021. FCSD shall pay to the City a one-time, nonrefundable payment in the amount of Two Thousand Five Hundred Dollars ($2,500) for the Parcel Option. FCSD may exercise the Parcel Option at any time during the Parcel Option Term with a notice in writing to City. b. Parcel Lease. If FCSD exercises the Parcel Option, the Option shall be contingent on the parties mutually agreeing upon terms for the "Parcel Lease". The Parcel Lease shall be for an initial term of 20 years (the Parcel Lease Term). The Parcel Lease Term shall begin on the later of December 1, 2020, or the date that the City provides FCSD with possession of the Parcel. The Parcel Lease shall become the operative document for terms and conditions of the lease and shall replace the Option Agreement. c. FCSD shall pay the City, in equal monthly installments, an initial rent of Two Thousand Dollars ($2,000) per acre, per year (the Parcel Lease Payment). The Parcel Lease Payments shall increase annually by 3%. d. Or, alternatively, the City may, at the City's election, to take lease payment with equal monthly installments, of rent of One Thousand Dollar ($1,000) per acre, per year (the Parcel Lease Payment) and the right to receive 20% of the net profit generated by the solar power purchase agreement (PPA) for the term of the PPA. e. Or, alternatively, the City may, at the City's election, take lease payment as a right to receive 25% of the net profit generated by the solar power purchase agreement (PPA) for the term of the PPA, with no fixed monthly payment. f. Maintenance of Property. Following the date that FCSD obtains possession of the Parcel from the City after commencement of the Parcel Lease, FCSD shall be responsible for maintaining Parcel in a manner that does not create a public nuisance and shall provide dust control, mowing, and weed control on the Parcel as is necessary to keep the Parcel in reasonably satisfactory state of repair. 2. Restoration of the Lease Property Upon termination of the Parcel Lease, FCSD shall be responsible for removing all equipment, materials and related appurtenances placed, installed, constructed, and stored by FCSD on the Lease Parcel. Further, upon removing all equipment, materials and related appurtenances, FCSD shall restore the site to its current condition so that it can be suitably, safely, and readily returned to agricultural purposes for crop farming. All costs required to remove all equipment, materials, and related appurtenances, and to restore the site to its current agricultural crop farming use shall be borne by FCSD. In addition, all work required to remove all equipment, materials, and related appurtenances, and to restore the site shall be completed within 18 months of the termination date of the lease for Parcel Lease. FCSD will provide for the benefit of the City a One Million Dollar Performance Bond ($1,000,000) to cover the cost of removal of equipment and restoration of the property for the term of the agreement. 3. Continued Use of Solar Plant by City 4. Or alternatively, the City at its sole election, could take over the solar plant and continue to receive solar energy from the solar system for City purposes. If the City so elects, it will notify FCSD of its election no less than one year prior to the expiration of the PPA. If the City elects to take over the solar plant, all plant operations, maintenance, liability, equipment removal and land restoration will become the obligation of the City and FCSD will be relieved of all of the forgoing requirements. Should the City elect to take over and continue to operate the solar plant at the termination of the PPA, the One Million Dollar Performance Bond ($1,000,000) shall be terminated and no longer available. Environmental Liability 5. FCSD does not assume any liability for any pre-existing environmental issues that may be associated with the property. Those liabilities, if any exist, are solely the responsibility of the City. Right to Inspect In January, February, and March of 2020, the City shall provide FCSD and FCSD's agents, employees, and representatives (collectively, FCSD's Agents) with reasonable access to the Property, and each portion thereof, to allow FCSD's Agents to investigate, inspect, and to conduct tests upon the Property, and each portion thereof, as FCSD has deemed necessary or advisable. 6. Miscellaneous a. Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person or sent by mail, facsimile transmission, or electronic transmission (email). The addresses and addressees noted below are that Party's designated address and addressee for delivery or mailing notices. b. To City: Michael Carbajal Director of Public Utilities City of Fresno To FCSD 2600 Fresno Street, Room 4019 Fresno, CA 93721 Telephone: (559) 621-8635 Email: Michael.carbajal@fresno.gov Richard Spencer Managing Director 5286 E. Homes Avenue Fresno, CA. 93727 Telephone: (559) 252-4043 With copy to: Larry Westerlund 1444 Fulton Street Fresno, CA 93721 Telephone (559) 799-7991 Email: l westerlund@ch-law.com Either Party may, by written notice to the other, specify a different address for notice. Entire Agreement. This agreement and items incorporated herein contain all of the agreement of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. The Parties further warrant and represent that they have not relied on any inducements, promises, or representations made by any Party or its representative, or any other person, except for those expressly set forth herein. c. Amendments. No prov1s1on of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing duly authorized by representatives of both Parties. d. Counterparts. This Agreement may be signed by the Parties in different counterparts, which together shall constitute one Agreement, even though all Parties many have not signed the same counterpart. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. CITY OF FRESNO ATIEST: YVONNE SPENCE, MMC :�71<; Deputy APPROVED AS TO FORM DOUGLAS T. SLOAN City Attorney ,.___;:::> By: :,--7 Kristi M. Costa � bl;l<)-1 I Senior Deputy City Attorney Attachment: Exhibit A FRESNO COMMUNITY SOLAR DEVELOPERS, LLC., a California limited liability corporation By: 1 i ard Spen er By : M�� Di�ctAv Nr� d� �:L t.,4cA/�<LS ltJISt�w� APPROVED AS TO FORM: By:----------- Proposed Solar Energy Project at Fresno Clovis Regional Wastewater Reclamation Facility 10/29/2019, 6:34:45 AM 2685 S Cornelia Ave Fresno CA 93706 APN: 32703022ST 158.8 Acres 0 0 1:18,000 0.13 0.25 0.17 0.35 0.5 mi 0.7 km Sources: Esri, HERE, Garmin, USGS, lntermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Web AppBuilder for ArcGIS Fresno County Dept. PWP, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, NGA, USGS I Copyright nearmap 2015 I City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00253,Version:1 REPORT TO THE CITY COUNCIL February 27, 2020 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities SUBJECT Approve Option to Lease Agreement between City of Fresno and Fresno Community Solar Developers, LLC, (FCSD) for 158 acres of land at the Fresno Clovis Regional Wastewater Reclamation Facility (RWRF) (Council District 3) RECOMMENDATION Staff recommends that the City Council approve an Option to Lease Agreement between City of Fresno and FCSD for 158 acres of land at the RWRF. EXECUTIVE SUMMARY On June 21, 2018, the California Public Utilities Commission (CPUC) approved D.18-06-027, as a new program to promote Solar Generation for Disadvantaged Communities (DAC). As directed by the CPUC, sometime in March 2020, Pacific Gas & Electric (PG&E) will issue a Request for Offers (RFO) seeking solar generation projects that must be located within a DAC for up to a maximum of 20 megawatts (MW) under the Disadvantaged Communities Green Tariff (DAC-GT) program. The PG&E RFO is mandated by the CPUC and not part of the PG&E bankruptcy. FCSD intends to respond to the RFO issued by PG&E to develop a 20 MW DAC-GT solar generation facility on 158 acres located at South Cornelia Avenue south of West Jensen Avenue near the Fresno RWRF (see Attachment 2). Staff is in the process of negotiating a 20-year lease agreement with FCSD that will pay the City $2,000 per acre for the first year of the lease, and a 3 percent per year annual escalator for the entire 20-year term of the lease. The Land Option is needed by FCSD to respond to PG&E’s RFO and contemplates several ways the City of Fresno may choose to participate in the potential profitability of the solar project. Currently, the parcel is leased for farming operations at $482 per acre per year. BACKGROUND On June 21, 2018, the CPUC approved D.18-06-027, as a new program to promote DAC. With that decision the CPUC is requiring investor owned utilities (e.g., PG&E) to implement two new Green City of Fresno Printed on 2/20/2020Page 1 of 3 powered by Legistar™ File #:ID 20-00253,Version:1 decision the CPUC is requiring investor owned utilities (e.g., PG&E) to implement two new Green Tariff Programs for DACs. The Green Tariff Programs for DACs approved by the CPUC includes both a DAC-GT and a Community Solar Green Tariff (CS-GT). As directed by the CPUC, sometime in March 2020, PG&E will issue a RFO seeking solar generation projects that must be located within a DAC for up to a maximum of 20 MW under the DAC-GT program. The PG&E RFO is mandated by the CPUC and not part of the PG&E bankruptcy. The DAC-GT program is designed to allow families living within DAC to participate in the benefits of solar energy production, when they would normally not be able to afford the cost of solar energy systems to be placed on their home. Under the DAC-GT program, families who live in DACs and meet the income eligibility requirements for the California Alternate Rates for Energy (CARE) and Family Electric Rate Assistance (FERA) programs and if determined to meet the target population, and if selected by PG&E for the DAC-GT program, will be provided a 20 percent discount off of their normal applicable electrical energy rate. The DAC-GT enrollment has a program participation cap of 70 MW for the entire PG&E service territory. On the date that PG&E opens its RFO for the DAC-GT program, solar developers will have 30 days to submit their application for an allocation of the DAC-GT electrical energy. In order to apply for the DAG-GT program, the solar developer must show control of an eligible site. One way to show site control is with an approved option agreement. Upon completing the review and evaluation process, PG&E will select projects to meet the CPUC requirements. Fresno Community Solar Developers FCSD intends to respond to the RFO issued by PG&E to develop a 20 MW DAC-GT solar generation facility at South Cornelia Avenue south of West Jensen Avenue near the RWRF. The solar generation facility will consist of about 158 acres of single axis tracking solar generation panels. Those panels will be connected to the appropriate electrical equipment and transmitted to the New Kearney PG&E Substation for interconnection with the electrical grid. Sixty (60) days after the close of the RFO, PG&E will notify applicants whose solar generation facility proposals were selected for implementation under the DAC-GT program. Those selected projects will then sign a power purchase agreement (PPA) and have 36 months to construct the solar project and begin energy generation. Option to Lease Agreement To implement the DAC-GT project, FCSD requires approximately 158 acres to install a 20 MW solar generation facility in close proximity to PG&E’s New Kearney Substation located at the intersection of South Cornelia Avenue and West Jensen Avenue. In August 2019, representatives from FCSD contacted the Mayor’s Office and Department of Public Utilities about the possibility of locating the solar generation facility on property located at the RWRF. The proposed location is shown on Attachment 2, and it has been selected based upon its proximity to PG&E’s New Kearney Substation. The 158 acres of land proposed by FCSD is currently under lease to a local farmer to grow seasonal crops (currently cotton) and is scheduled to expire on December 31, 2020. Staff is in the process ofCity of Fresno Printed on 2/20/2020Page 2 of 3 powered by Legistar™ File #:ID 20-00253,Version:1 crops (currently cotton) and is scheduled to expire on December 31, 2020. Staff is in the process of negotiating a 20-year lease agreement with FCSD that will pay the City $2,000 per acre for the first year of the lease, and a 3 percent per year annual escalator for the entire 20-year term of the lease. The Land Option also contemplates several ways the City of Fresno may choose to participate in the potential profitability of the solar project. In the event that FCSD’s DAC-GT project is not selected by PG&E, the Land Option allows FCSD to proceed with an alternative PPA with a lease agreement that would include a Fresno DAC benefit provision as mutually agreed upon by the City. The Land Option is good for 16 months and is contingent upon there being a PPA for the solar energy produced by the project. Currently, the parcel is leased for the farming operations at $482 per acre per year. Staff recommends the City Council approve an Option to Lease Agreement between the City of Fresno and FCSD for 158 acres of land at the RWTF. The City Attorney has reviewed Option to Lease Agreement and approved to form. ENVIRONMENTAL FINDINGS Approval of the Option to Lease Agreement is not a project for the purposes of CEQA. FCSD will be responsible for all environmental approvals and permits required for the DAC-GT project prior to any construction being initiated. LOCAL PREFERENCE Local preference was not considered because this Option to Lease Agreement is not a bid or award of a construction or services contract. FISCAL IMPACT The Department of Public Utilities has negotiated an annual lease rate of $2,000 per acre for the lease of approximately 158 acres and will accrue to the Wastewater Management Division. While there is no direct benefit to the General Fund, it is expected that the generation of additional revenues will help mitigate future rates increases in the Wastewater Operating Fund. Attachments: Attachment 1 - Option to Lease Agreement Attachment 2 - Site Map City of Fresno Printed on 2/20/2020Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-432,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THOMAS GAFFERY, Assistant Director Planning and Development Department SUBJECT ***RESOLUTION - Authorizing submission of a grant application to the Fresno Council of Governments Housing Planning Grants Program FY 2020-2021 in the amount of $250,000 for the Manchester Shopping Center Utilities Study and Master Plan for Advance Affordable Housing; and authorizing the execution of grant application and grant agreement documents by the Director of Public Utilities or designee. (Council District 7) (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing the submission of a grant application to the Fresno Council of Governments (COG) for the 2020-2021 Housing Planning Grant program in the amount of $250,000 for the Manchester Shopping Center Utilities Study and Master Plan for Affordable Housing; and authorize the execution of grant application and grant agreement documents by the Director of Public Utilities or designee. EXECUTIVE SUMMARY The adoption of the above Resolution will allow for the application to the Fresno COG Housing Planning Grant program to be considered. If awarded, the grant will benefit the City and its residents by completing the necessary utilities study and master plan for future affordable housing development at the existing Manchester Shopping Center. BACKGROUND The City of Fresno General Plan and the Fresno COG Rapid Transit Plan (RTP) Sustainable Community Strategy (SCS) recommend mixed-use Transit Oriented Development (TOD), including affordable housing, be developed along the Blackstone BRT corridor which includes the location of the Manchester Shopping Center. City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-432,Version:1 The Fresno COG Housing Planning Grants Program FY 2020-2021 allows eligible project applications which include infrastructure planning to advance affordable housing production.The City Public Utilities and Planning and Development Departments will collaboratively function as the grant Applicant for the City, work closely with Fresno Metro Ministry/Better Blackstone CDC as grant Sub-Applicant, and work together with an engineering consultant to be determined through a subsequent public procurement process, to manage and complete the Manchester Shopping Center Utilities Study and Master Plan for Affordable Housing as proposed. Through Better Blackstone Design Challenges design studies and interactions with Center management, it is confirmed that Manchester has the potential to accommodate 432 new affordable dwelling units just on the second floor of its existing mall building, creating an array of housing opportunities for households in need at an extremely beneficial location hosting one of the City's two major transit transfer stations with BRT. This is a unique and economical platform to advance affordable production at just the right location to also meet numerous goals stated in the RTP/SCS as well. Another nearly 200 plus units are possible if mixed use buildings are eventually constructed as proposed in the west, east and south parking lots. Underneath the Manchester Center properties lies a complicated system of City, Fresno Metropolitan Flood Control District, and perhaps other entities’ underground utilities in the center's parking lots. This need to be studied, planned for relocation and/or replacement with required capacities in other locations, and costs for implementation estimated. The primary project objective is infrastructure planning to unlock potential for significant new affordable housing production at Manchester Center through requisite comprehensive public utility study and master planning. The major tasks for this project include: 1.RFP & Engineering Consultant Procurement by City, 2. Existing Utility Research, 3. Underground Utility Survey, 4. Load/Capacity Analysis, 5. Utility Relocation Plan, 6. New Utility Plan, 7. Easement / Title Report Research, 8. Prepare Final Utility Masterplan Report, 9. Project Management, Grant Admin & Reports, Utility Plan Implementation Funding Strategy (Metro/BB), 10. City Grant Administration, and 11. Completed Project Report Submitted to Fresno COG. Once this project is complete, funding can be secured to implement the plan and harvest the latent TOD affordable housing possibilities of Manchester Shopping Center. The site has significant capacity to accommodate a scale of development of new housing units that will make a meaningful difference in addressing the affordable housing crisis in Fresno. Manchester is a desirable urban location for TOD and activity center design development that will enhance and encourage more similar and integrated development along Blackstone and other BRT corridors, all with the cumulative ability to further many interrelated social, economic, environmental, and health goals as well as advance the land use, housing, and transportation integration objectives of the RTP/SCS, City General Plan and City Housing Element at a demonstrable scale. ENVIRONMENTAL FINDINGS Pursuant to the definitions provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this is not a project for purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because the adoption of a resolution and the authorization doCity of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-432,Version:1 Local preference was not implemented because the adoption of a resolution and the authorization do not include a bid or an award of a construction or services contract. FISCAL IMPACT This resolution will have no impact on the General Fund. No matching funds are required. Should the grant be awarded, it will be incorporated into the City of Fresno annual budget for the fiscal year(s) in which they will be available for reimbursement. Attachment: Resolution City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ 2 of 3 City, Fresno Metropolitan Flood Control District, and perhaps other entities’ underground utilities located beneath the Center’s parking lots; and WHEREAS, the Fresno Council of Governments Housing Planning Grants Program FY 2020-2021, allows eligible project applications which include infrastructure planning necessary to support new housing and new residents; and WHEREAS, if awarded the grant, the City of Fresno Department of Public Utilities and the Planning and Development Department will collaboratively function as the grant applicant for the City, work closely with Fresno Metro Ministry/Better Blackstone Community Development Corporation as grant sub-applicant, and work together with an engineering consultant, to be determined through a subsequent public procurement process, to manage and complete the Manchester Shopping Center Utilities Study and Master Plan for Affordable Housing as proposed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The Council authorizes and supports the submission of a grant application to the Fresno Council of Governments Housing Planning Grants Program FY 2020-2021 in the amount of $250,000 for the Manchester Shopping Center Utilities Study and Master Plan for Affordable Housing. 3. Council authorizes the Director of Public Utilities or designee, and each of them as agents for the City of Fresno, to execute and submit all grant application related documents and execute grant related agreements, subject to prior approval as to form by the City Attorney’s Office. 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CMC City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Jennifer M. Quintanilla Date Deputy City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-471,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH: BUD TICKEL, Assistant Director Department of Public Utilities - Water Division BY:MARTIN WENDELS, Project Manager Department of Public Utilities - Water Division SUBJECT Actions pertaining to the purchase of bulk sodium hydroxide: 1. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property; and authorizing the Purchasing Manager of the Finance Department or designee to continue processing invoices for the purchase of bulk sodium hydroxide in the interim while a new requirements contract is established (Requires five affirmative votes) (Subject to Mayor’s veto) 2. Approve an interim contract with Univar USA Inc., in an amount not to exceed $1,037,000 for the purchase and delivery of bulk sodium hydroxide. (Bid File 9429) RECOMMENDATION Staff recommends that Council approve a six month interim contract with Univar USA Inc., in an amount not to exceed $1,037,000, for the purchase and delivery of bulk sodium hydroxide used for surface water treatment and authorize the Purchasing Manager, or designee, to sign agreement on behalf of the City. EXECUTIVE SUMMARY Bulk sodium hydroxide is used in the post-treatment process at the Northeast Surface Water Treatment Facility (NE facility), Southeast Surface Water Treatment Facility (SE facility) and the Tank- 3 (T3) treatment facility for corrosion control in the potable water distribution system. On February 29, 2019, City Council approved a contract with Univar USA Inc., for the purchase and delivery of bulk sodium hydroxide for an amount of $307,998.68. The basis for the amount originally approved was derived from baseline average usage rates from the NE facility. Substantial increases in surface water production and treatment were not anticipated and the initial estimated quantities of needed sodium hydroxide were underestimated. Approval of the interim contract will allow for the purchase City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-471,Version:1 sodium hydroxide were underestimated. Approval of the interim contract will allow for the purchase and delivery of bulk sodium hydroxide for the continued operation of the treatment facilities to ensure the health and safety of the community and provide ample time to complete a rebid of the bulk sodium hydroxide requirements contract. BACKGROUND The Water Division injects sodium hydroxide as part of the treatment of raw surface water at the NE facility, SE facility and T3 facility. It is considered to be an effective enhancement chemical for the City of Fresno’s water supply by conditioning raw water and enhancing the chemical reaction with the primary coagulant, to facilitate effective cleansing of the water. It also adjusts the pH of the treated water entering the water distribution system and ultimately the end-users’ facilities (homes and businesses, etc.), thereby controlling the corrosive quality of the treated water within water mains, pipes and other appurtenances. In May 2018, the SE facility became operational and the City’s production of surface water grew from 15 percent of total potable water production to a present day 51 percent. Due to an increase of production beyond initial estimates for the SESWTF, increases in production at the other two facilities and increased corrosion control chemistry at all three (3) facilities; there has been a subsequent increased need for sodium hydroxide. On February 8, 2018, Council approved a requirements contract in the amount of $307,998.68 to Univar USA Inc., for bulk sodium hydroxide. The contract term was for one-year with provisions for two one-year extensions. During the latest extension it was apparent that necessary quantities of sodium hydroxide were to exceed the purchase order limits that were previously approved. Council approval is needed for the Purchasing Manager to sign a six-month interim contract not to exceed $1,037,000 to continue purchasing the critically important chemical, and allow substantial time to complete a rebid of the requirements contract. The City Attorney’s Office has reviewed and approved to form. The specifications for the new requirements contract are in the final stages of review and the Bid File Number is 9601. ENVIRONMENTAL FINDINGS By definition provided in the California Environmental Quality Act Guidelines Section 15378, the award is this requirements contract does not qualify as a “project”. LOCAL PREFERENCE Local preference was not applicable as the local vendor was the lowest responsible bidder. FISCAL IMPACT The General Fund is not impacted by this citywide expenditure, as the appropriations for the purchase of the bulk sodium hydroxide is included in the FY 2021 Water Enterprise Fund budget. City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-471,Version:1 Attachments: Attachment 1 - Resolution Attachment 2 - Sample Contract City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ FIN 4.0/11-26-12 - 1 - PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation, hereinafter called the "City," and [Contractors Name], [Legal Identity], hereinafter called the "Contractor," as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: [Title] (Bid File No. [Number]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of City, and in strict accordance with the Specifications, all of the items as set forth in the Contract Documents. 3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. / / / / / / FIN 4.0/11-26-12 - 2 - IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, A California municipal corporation By: Name: (Type or print written signature.) Title: Dated: By: Name: (Type or print written signature.) Title: Dated: CITY OF FRESNO, a California municipal corporation By: Melissa Perales, , Purchasing Manager Finance Department Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #FIN 4.0 has been used without modification, as certified by the undersigned. By: Melissa Perales, Purchasing Manager Finance Department City address: City of Fresno Attention: Marttn Wendels, Project Manager DPU - Water Division 2600 Fresno Street, Room 4017 Fresno, CA 93721 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-408,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:DUANE MYERS, Fleet Manager Department of Transportation, Municipal Fleet Division ROBERT HARRIS, Fleet Operations Specialist Department of Transportation, Public Safety Fleet Division SUBJECT Reject all bids for the purchase of two squad service bodies for the Fire Department and staff will rebid the project (Bid File 3794) RECOMMENDATION Staff recommends Council reject all bids for the purchase of two squad service bodies for the Fire Department and staff will rebid the project. EXECUTIVE SUMMARY The Fresno Fire Department seeks to purchase two squad apparatus service bodies to be mounted on new cab and chassis trucks. The new squad units will be used to provide non-ambulatory emergency medical services to individuals throughout the City of Fresno. Quotes were solicited through a competitive procurement process and the sole bidder took exception to the terms and conditions of the contract, rendering their bid non-responsive. Staff will rebid the project with revised specifications to increase competition and encourage local bidding. Ultimately, the squad units will be funded through the City Master Equipment Lease Purchase Agreement. BACKGROUND The Fresno Fire Department, established in 1877, is one of the oldest fire departments in the United States and the largest department in the Central Valley.The department operates within 20 fire stations citywide and currently responds to medical aid calls with fully staffed fire engines and fire trucks. City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-408,Version:1 The Fire Department seeks to acquire squad units to provide non-ambulatory emergency medical services. Squad units are comprised of a cab/chassis and specialized service body. These units will allow teams to safely and reliably travel throughout the city addressing medical calls without the need to deploy the much larger, more expensive apparatuses. Currently this service is being fulfilled by heavy-duty ladder trucks and engines resulting in unnecessary wear and tear to these critical apparatuses. The new smaller vehicle with a service body will be able to provide the same level of service to individuals needing the medical aid at a significantly lower equipment cost to the City and with greater mobility. Competitive bids were solicited for the two squad service bodies on January 20, 2021, and advertised in the Fresno Business Journal. The Notice Inviting Bids was sent to three exchanges and specifications were distributed to two potential bidders. One bid was received and opened publicly on February 16, 2021. The sole bidder took exception to the terms and conditions of the contract, therefore Staff has determined their bid is non-responsive. Staff will rebid the project with revised specifications to increase competition and encourage local bidding. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of this contract does not qualify as a project as defined by CEQA. LOCAL PREFERENCE Local preference is not applicable because this is rejecting all bids. FISCAL IMPACT There is no fiscal impact to with this action as staff recommendation is to reject all bids. Ultimately, General Funds will be used for this purchase through the use of the City’s Master Equipment Lease Purchase Agreement and paid off over five years by the Fire Department. Funding to acquire the service bodies are included in the Fire Department’s Fiscal Year 2021 base budget. Attachment: Bid Eval 3794 City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-429,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:DUANE MYERS, Fleet Manager Department of Transportation/ Municipal Fleet Division CLIFF TRAUGH, Senior Management Analyst Department of Transportation/ Municipal Fleet Division SUBJECT Approve the award of a purchase contract to Ruckstell Sales of Fresno, California, for the purchase of one 520 Peterbilt rear loading refuse truck in the amount of $322,355 RECOMMENDATION Staff recommends that Council approve the award of a purchase contract to Ruckstell Sales of Fresno, California, for the purchase of one 520 Peterbilt rear loading refuse truck in the amount of $322,355. EXECUTIVE SUMMARY The Solid Waste Management Division, under the Department of Public Utilities, wishes to purchase one 520 Peterbilt rear loading refuse truck to replace a unit past its useful life. The new unit will be used by the Solid Waste Management Division to complete residential routes currently assigned to an older truck in need of replacement. The new truck will be Heil 27-yard Durapack 5000 body on a 520 Peterbilt chassis. This combination has proven to be reliable within the fleet, and will continue to be the standard as our older and discontinued trucks are removed from service. The Department of Transportation recommends this purchase based on the age and mileage of the truck identified for replacement. The unit will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell. BACKGROUND The Department of Public Utilities, Solid Waste Management Division, is responsible for sanitation programs such as Operation Clean-up, litter control, and FresGO for over 111,000 residential customers. Fifteen drivers service a 112 square mile area recycling discarded lumber, appliances, and various other large objects that would otherwise end up in a landfill. In 2020, Solid Waste Management removed over 25,400 tons of refuse from the city through these programs City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-429,Version:1 alone. To keep these operations moving forward, the Solid Waste Management division operates fifteen rear loading refuse trucks throughout the city. The Fleet Management Division has identified the Heil bodied Peterbilt rear loading refuse truck as the preferred unit to perform these varied activities. Both Peterbilt and Heil have been in business for more than sevent-five years, and have local dealerships in Fresno to quickly support the fleet. The City of Fresno has been using Heil bodies in the fleet for 17 years, and has experienced success in the functionality and durability of this product. The new 520 Peterbilt rear loading refuse truck will continue to be powered by Liquid Natural Gas, which has proven to be both economical and environmentally conscious. The equipped L9N “Near Zero” engine produces only one tenth of the allowable NOX greenhouse gas emissions, and meets the latest EPA standards set in 2017 for this type of equipment. The rear loading refuse trucks are on an eight year or 120,000-mile replacement schedule which has been established by the Fleet Management Division as the optimum replacement time. Currently one unit has been identified for replacement as it is over this limit in both age and mileage. The equipment will be purchased utilizing competitively solicited cooperative procurement process administered by Sourcewell, formally the National Joint Powers Alliance (NJPA). The purchase price for this unit is $322,355. This price includes the Sourcewell discount applied to city purchases as well as delivery and sales tax at 7.975%. The Purchasing Division has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of this contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented, the City is using a cooperative purchase agreement to purchase this truck. FISCAL IMPACT No general funds will be used to purchase this item. The funding to cover the purchase cost of the 520 Peterbilt rear loading refuse truck has been included in the FY2021 adopted budget under the operations of the Solid Waste Management Division. The source of funding for this project is the Community Sanitation Fund, generated by the collection of customer user fees. Attachments: Board Resolutions Combined Ads Comment & Review Heil Contract Proposal Evaluation Proposal Opening Record RFP City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ Opportunity Notice Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Opportunity Information Organization:Alberta Association of Municipal Districts and Counties Organization Address: Reference Number:AB-2019-04358 Solicitation Number: AB-2019-04358 Solicitation Type:Request for Proposal Posting (MM/dd/yyyy):07/11/2019 03:30:00 PM Alberta Time Closing (MM/dd/yyyy):09/12/2019 03:30:59 PM Alberta Time Last Update (MM/dd/yyyy): 07/11/2019 03:01:31 PM Alberta Time Agreement Type:NWPTA/TILMA & CFTA & CETA Region of Opportunity:Open Region of Delivery:Alberta Opportunity Type:Open & Competitive Commodity Codes: N4540A: Garbage Disposal Units N4540: Waste Disposal Equipment N2320DJA: Truck, Refuse Collection, Diesel, to 27,499 GVWR N2320GJ: Truck, Refuse Collection, Gasoline Powered N2320DJB: Truck, Refuse Collection, diesel, 27,500 GVWR and Up Category: Goods This opportunity is now closed. APC "Opportunity Notices" This notice is provided for information purposes only. Refer to the "Opportunity Documents" in the bid package for authoritative information. All queries pertaining to the language, content or any missing or inaccurate information within this abstract must be sent to its originator of the abstract, as specified in the opportunity notice. © APC - All rights reserved. No part of the information contained in this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Manager, Centre of Expertise via: SA.APCRequests@gov.ab.ca. Her Majesty the Queen in right of Alberta and the Alberta public sector entities that use APC are not responsible or liable for the accuracy of the information contained in the publication. It is the responsibility of interested parties to review the opportunity posting for changes or updates prior to the opportunity closing date/time. Page 1 of 1Opportunity Preview 11/14/2019http://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=864027BF-9B97-477B-A... 6 C ❚THURSDAY, JULY 11, 2019 ❚USA TODAY E2 SPORTS SPORTS ON TV Times p.m. Eastern unless noted. Check local listings. AUTO RACING:NASCAR Gander Outdoors Truck Se- ries: qualifying (FS1, 4); NASCAR Gander Outdoors Truck Series: The Buckle Up in Your Truck 225 (FS1, 7:30); CYCLING:Tour de France: Stage 6, 98 miles, Mulhouse to La Planche des Belles Filles, France (NBCSN, 7:30 a.m.) GOLF:European Tour Golf: The Scottish Open, first round (Golf, 5:30 a.m.); European Tour Golf: The Scot- tish Open, first round (Golf, 9:30 a.m.); PGA Tour Champions Golf: Senior Players Championship, first round (Golf, 1:30); PGA Tour Golf: The John Deere Classic, first round (Golf, 4); LPGA Tour Golf: The Mar- athon Classic, first round (Golf, 7:30) HIGH SCHOOL BASEBALL: GEICO City Series: Teams TBD, third-place game (ESPNU, 3); GEICO City Series: Teams TBD, championship game (ESPNU, 6) MIXED MARTIAL ARTS:Professional Fighters League: women’s lightweights and men’s welterweights (ESPN2, 8:30) MLB:Houston at Texas (ESPN, 8) NBA:Summer League: Toronto vs. Indiana (NBA, 6); Summer League: Washington vs. Atlanta (ESPN2, 6:30); Summer League: Portland vs. Oklahoma City (NBA, 8); Summer League: Houston vs. Utah (ESPNU, 8:30); Summer League: Sacramento vs. LA Clippers (NBA, 10); Summer League: Memphis vs. Boston (ESPN2, 10:30) TENNIS: Wimbledon: E. Svitolina vs. S. Halep and S. Williams vs. B. Strýcová, Ladies’ Semifinals (ESPN, 8 a.m.) FOR THE RECORD All times ET MLB East Division W L Pct GBNew York 57 31 .648 —Tampa Bay 52 39 .571 6 1⁄2Boston49 41 .544 9Toronto34 57 .374 24 1⁄2Baltimore27 62 .303 30 1⁄2 Central Division W L Pct GBMinnesota56 33 .629 —Cleveland 50 38 .568 5 1⁄2Chicago42 44 .488 12 1⁄2Kansas City 30 61 .330 27Detroit28 57 .329 26 West Division W L Pct GBHouston57 33 .633 —Oakland 50 41 .549 7 1⁄2Texas48 42 .533 9Los Angeles 45 46 .495 12 1⁄2Seattle39 55 .415 20 Tuesday American League 4, National League 3Wednesday No games scheduledThursday Houston at Texas, 8:05 p.m.National LeagueEast Division W L Pct GBAtlanta54 37 .593 —Washington 47 42 .528 6Philadelphia47 43 .522 6 1⁄2New York 40 50 .444 13 1⁄2Miami33 55 .375 19 1⁄2 Central Division W L Pct GBChicago47 43 .522 —Milwaukee 47 44 .516 1⁄2St. Louis 44 44 .500 2Pittsburgh44 45 .494 2 1⁄2Cincinnati41 46 .471 4 1⁄2 West Division W L Pct GBLos Angeles 60 32 .652 —Arizona 46 45 .505 13 1⁄2San Diego 45 45 .500 14Colorado44 45 .494 14 1⁄2San Francisco 41 48 .461 17 1⁄2 Tuesday American League 4, National League 3Wednesday No games scheduledThursday No games scheduledTuesdayAmerican League 4, NationalLeague 3 NL AB R H BI BB SO Avg. Yelich lf 2 0 0 0 0 1 .000 Bryant lf 1 0 0 0 0 1 .000 McNeil lf 1 0 0 0 0 0 .000 Baez ss 2 0 0 0 0 1 .000 Story ss 1 0 0 0 0 1 .000 DeJong ss 0 0 0 0 1 0 .258 Freeman 1b 1 0 0 0 1 1 .000 Blackmon rf 2 1 1 1 0 1 .500 Bellinger rf 2 0 0 0 0 2 .000 Alonso 1b 2 0 1 2 0 1 .500 Arenado 3b 2 0 0 0 0 0 .000 Moustakas 3b 2 0 0 0 0 0 .000 Bell dh 2 0 1 0 0 0 .500 d-Realmuto ph-dh 2 0 0 0 0 1 .000 Contreras c 2 0 0 0 0 1 .000 Muncy 2b 2 0 0 0 0 1 .000 Marte 2b 2 0 1 0 0 1 .500 Grandal c 1 1 0 0 1 1 .000 Acuna Jr. cf 2 0 0 0 0 2 .000 Dahl cf 1 1 1 0 0 0 1.000Totals32 3 5 3 3 16 AL AB R H BI BB SO Avg. Springer rf 2 0 1 0 0 1 .500 a-Lindor ph-ss 2 0 0 0 0 1 .000 LeMahieu 2b 2 0 0 0 0 0 .000 b-Torres ph-2b 2 0 1 0 0 1 .500 Trout cf 2 0 0 0 0 0 .000 Merrifield cf 2 0 0 0 0 1 .000 Santana 1b 3 0 0 0 0 1 .000 Abreu 1b 1 0 0 0 0 0 .000 Martinez dh 2 0 0 0 0 1 .000 c-Vogelbachph-dh 1 0 0 0 0 0 .000 Bregman 3b 2 1 1 0 0 0 .500 M.Chapman 3b 0 1 0 0 1 0 .265 Sanchez c 2 1 1 0 0 0 .500 McCann c 1 0 1 0 0 0 1.000Brantley lf 1 0 1 1 0 0 1.000Meadows lf-rf 1 0 0 0 0 0 .000 e-Bogaerts ph 1 0 0 0 0 0 .000 Betts rf 0 0 0 0 0 0 .272 Polanco ss 2 0 1 1 0 1 .500 Gallo lf 1 1 1 1 0 0 1.000Totals30 4 8 3 1 7 NL 000 001 020 — 3 5 0 AL 010 010 20x — 4 8 0 a-struck out for Springer in the 5th. b-struckout for LeMahieu in the 5th. c-flied out forMartinez in the 6th. d-popped out for Bell inthe 7th. e-grounded out for Meadows in the7th.LOB—NL 5, AL 3. 2B—Marte, Sanchez, Brantley.HR—Blackmon, off Hendriks; Gallo, off Smith.RBIs—Alonso 2, Blackmon, Brantley, Polanco,Gallo. SB—Alonso, DeJong.Runners left in scoring position—NL 4 (Baez,Bell, Moustakas 2); AL 2 (Santana, Polanco).RISP—NL 1 for 8; AL 1 for 6.Runners moved up—Arenado, LeMahieu,Trout, Meadows, Bogaerts. GIDP—Abreu, Bo-gaerts.DP—NL 2 (DeJong, Muncy, Alonso), (DeJong,Muncy, Alonso). NL IP H R ER BB SO NP ERA Ryu 1 1 0 0 0 0 12 0.00 Kershaw, L 1 2 1 1 0 1 16 9.00 deGrom 1 0 0 0 0 1 7 0.00 Castillo 1 0 0 0 0 2 15 0.00 Buehler 1 2 1 1 0 2 19 9.00 Soroka 1 0 0 0 0 0 10 0.00 Woodruff 2⁄3 1 1 1 1 0 12 13.50 Smith 1⁄3 1 1 1 0 0 3 27.00 Alcantara 1 1 0 0 0 1 10 0.00 AL IP HR ER BB SO NP ERA Verlander 1 00 0 0 2 14 0.00 Tanaka, W 1 10 0 0 1 17 0.00 Berrios, H, 0 1 10 0 0 2 13 0.00 Giolito, H, 0 1 00 0 1 1 13 0.00 Bieber, H, 0 1 00 0 0 3 19 0.00 Hendriks, H, 7 1 1 1 1 0 3 19 9.00 Greene, H, 0 1 00 0 0 0 12 0.00 Hand, H, 0 1 2 2 2 2 1 33 18.00 A.Chapman, S 1 00 0 0 3 12 0.00 Umpires—Home, Mark Wegner; First, BrianO’Nora; Second, Phil Cuzzi; Third, Tim Tim-mons; Right, Jordan Baker; Left, D.J. Reyburn.T—2:48. A—36,747 (35,225). TOUR DE FRANCE WednesdayColmar, FranceFifth Stage A 175.5-kilometer (109-mile) hilly ride nearthe German border from Saint-Dié-des-Vosges to Colmar, with a pair of Category 2climbs sandwiched by a pair of Category 3s.1. Peter Sagan, Slovakia, Bora-Hansgrohe,4:02:33.2. Wout Van Aert, Belgium, Jumbo-Visma,same time.3. Matteo Trentin, Italy, Mitchelton-Scott,same time.4. Sonny Colbrelli, Italy, Bahrain-Merida,same time.5. Greg Van Avermaet, Belgium, CCC, sametime.6. Julien Simon, France, Cofidis, same time.7. Michael Matthews, Australia, Sunweb, sametime.8. Nils Politt, Germany, Katusha Alpecin, sametime.9. Jasper Stuyven, Belgium, Trek-Segafredo,same time.10. Julian Alaphilippe, France, Deceuninck-QuickStep, same time.11. Xandro Meurisse, Belgium, Wanty-Gobert,same time.12. Edvald Boasson Hagen, Norway, Dimen-sion Data, same time.13. Alberto Bettiol, Italy, EF Education First,same time.14. Guillaume Martin, France, Wanty-Gobert,same time. 15. Alexey Lutsenko, Kazakhstan, Astana,same time.16. Omar Fraile, Spain, Astana, same time.17. Fabio Felline, Italy, Trek-Segafredo, sametime.18. David Gaudu, France, Groupama-FDJ,same time.19. Warren Barguil, France, Arkea-Samsic,same time.20. Daryl Impey, South Africa, Mitchelton-Scott, same time.Overall Standings(After five stages)1. Julian Alaphilippe, France, Deceuninck-QuickStep, 18:44:12.2. Wout Van Aert, Belgium, Jumbo-Visma, :14.3. Steven Kruijswijk, Netherlands, Jumbo-Vis-ma, :25.4. George Bennett, New Zealand, Jumbo-Vis-ma, same time.5. Michael Matthews, Australia, Sunweb, :40.6. Egan Bernal, Colombia, Ineos, same time.7. Geraint Thomas, Britain, Ineos, :45.8. Enric Mas, Spain, Deceuninck-QuickStep,:46.9. Peter Sagan, Slovakia, Bora-Hansgrohe,:50.10. Greg Van Avermaet, Belgium, CCC, :51.11. Michael Woods, Canada, EF EducationFirst, same time.12. Wilco Kelderman, Netherlands, Sunweb,same time.13. Thibaut Pinot, France, Groupama-FDJ, :52.14. Rigoberto Urán, Colombia, EF EducationFirst, :53.15. Tejay Van Garderen, United States, EF Edu-cation First, same time.16. Sonny Colbrelli, Italy, Bahrain-Merida, :56.17. Matteo Trentin, Italy, Mitchelton-Scott, :57.18. David Gaudu, France, Groupama-FDJ,same time.19. Rudy Molard, France, Groupama-FDJ,same time.20. Nicolas Roche, Ireland, Sunweb, 1:00. SOCCER National Women’s Soccer LeagueW L T Pts GF GA Reign FC 5 1 5 20 12 9 North Carolina 5 2 4 19 24 12 Portland 5 2 4 19 19 13 Washington 5 3 3 18 17 11 Utah 5 3 2 17 8 7 Chicago 4 5 2 14 17 18 Houston 3 4 4 13 13 18 Orlando 2 8 2 8 12 27 Sky Blue FC 1 7 2 5 8 15 FridayUtah at Sky Blue FC, 7:30 p.m.SaturdayReign FC at North Carolina, 7 p.m.Chicago at Houston, 8:30 p.m.SundayOrlando at Portland, 3 p.m.MLSEASTERN CONFERENCE W L T Pts GF GAPhiladelphia 10 5 6 36 39 28D.C. United 8 5 7 31 25 21Atlanta9 7 3 30 27 23Montreal9 9 3 30 26 34NY City FC 7 2 8 29 30 20New York 8 7 4 28 33 27Toronto FC 6 8 5 23 30 33New England 6 8 5 23 22 36Orlando City 6 9 4 22 27 27Chicago5 8 7 22 31 29Columbus5 13 2 17 17 30Cincinnati4 13 2 14 18 44 WESTERN CONFERENCEW L T Pts GF GALos Angeles 13 2 4 43 50 16LA Galaxy 11 7 1 34 26 22Seattle9 5 5 32 29 25Minnesota 9 7 3 30 36 29FC Dallas 8 7 5 29 29 25San Jose 8 7 4 28 30 30Houston8 7 3 27 28 25Real Salt Lake 8 9 2 26 25 29Portland7 8 2 23 26 28Sporting KC 5 7 7 22 29 34Vancouver4 8 8 20 22 31Colorado5 10 4 19 29 38 Friday New England at D.C. United, 7 p.m.Los Angeles FC at Houston, 9 p.m.San Jose at LA Galaxy, 11 p.m. WNBA EASTERN CONFERENCEW L Pct GBWashington9 5 .643 —Connecticut 9 6 .600 1⁄2Chicago7 7 .500 2New York 7 8 .467 2 1⁄2Indiana6 10 .375 4Atlanta4 10 .286 5 WESTERN CONFERENCEW L Pct GBLas Vegas 10 5 .667 —Minnesota 8 6 .571 1 1⁄2Phoenix7 6 .538 2Los Angeles 7 7 .500 2 1⁄2Seattle8 8 .500 2 1⁄2Dallas5 9 .357 4 1⁄2 Tuesday Dallas 74, Los Angeles 62Wednesday Atlanta 78, Connecticut 75Phoenix 91, Washington 68Las Vegas 74, Indiana 71Minnesota at Chicago, lateFriday Los Angeles at Indiana, 7 p.m.Minnesota at Atlanta, 7:30 p.m.Phoenix at Connecticut, 8 p.m.New York at Chicago, 8 p.m.Dallas at Seattle, 10 p.m. TENNIS Wimbledon Results LONDON – Results Wednesday from Wimble-don at The All England Lawn Tennis & CroquetClub (seedings in parentheses):Men’s Singles Quarterfinals Novak Djokovic (1), Serbia, def. David Goffin(21), Belgium, 6-4, 6-0, 6-2.Roberto Bautista Agut (23), Spain, def. GuidoPella (26), Argentina, 7-5, 6-4, 3-6, 6-3.Rafael Nadal (3), Spain, def. Sam Querrey,United States, 7-5, 6-2, 6-2.Roger Federer (2), Switzerland, def. Kei Nishi-kori (8), Japan, 4-6, 6-1, 6-4, 6-4.Men’s Doubles Quarterfinals Raven Klaasen, South Africa, and MichaelVenus (3), New Zealand, def. Henri Kontinen,Finland, and John Peers (8), Australia, 4-6,6-3, 6-7 (5), 6-4, 6-3.Women’s Doubles Third Round Danielle Collins and Bethanie Mattek-Sands ,United States, def. Victoria Azarenka, Belarus,and Ash Barty (10), Australia, walkover.Quarterfinal Hsieh Su-wei, Taiwan, and Barbora Strycova(3), Czech Republic, def. Elise Mertens, Bel-gium, and Aryna Sabalenka (6), Belarus, 6-4,6-2.Gabriela Dabrowski, Canada, and Xu Yifan (4),China, def. Bethanie Mattek-Sands and Dan-ielle Collins, United States, 6-1, 6-3.Barbora Krejcikova and Katerina Siniakova(2), Czech Republic, def. Anna-Lena Groene-feld, Germany, and Demi Schuurs (8), Nether-lands, 6-2, 7-6 (1).Mixed Doubles Third Round Bruno Soares, Brazil, and Nicole Melichar (1),United States, def. Andy Murray, Britain, andSerena Williams, United States, 6-3, 4-6, 6-2.Matwe Middelkoop, Netherlands, and YangZhaoxuan, China, def. Marcus Daniell, NewZealand, and Jennifer Brady, United States,6-2, 6-7 (5), 6-4.Wesley Koolhof, Netherlands, and KvetaPeschke (5), Czech Republic, def. Aisam-ul-Haq Qureshi, Pakistan, and Nadiia Kichenok,Ukraine, 7-6 (5), 6-4.Artem Sitak, New Zealand, and Laura Siege-mund, Germany, def. Mate Pavic, Croatia, andGabriela Dabrowski (3), Canada, 5-7, 7-6 (5),13-12 (5).Ivan Dodig, Croatia, and Latisha Chan (8), Tai-wan, def. Edouard Roger-Vasselin, France,and Andreja Klepac (11), Slovenia, 2-6, 6-3,6-4. AUTO RACING NASCAR Monster Energy CupPoints Leaders1. Joey Logano, 700 2. Kyle Busch, 682 3. Kevin Harvick, 625 4. Brad Keselowski, 613 5. Martin Truex Jr., 597 6. Denny Hamlin, 588 7. Chase Elliott, 585 8. Kurt Busch, 564 9. Alex Bowman, 534 10. Aric Almirola, 512 11. Ryan Blaney, 508 12. William Byron, 498 13. Jimmie Johnson, 474 14. Kyle Larson, 473 15. Clint Bowyer, 444 16. Ryan Newman, 443 17. Daniel Suarez, 440 18. Erik Jones, 430 19. Ricky Stenhouse Jr., 39820. Paul Menard, 390 IndyCar Points LeadersThrough June 231. Josef Newgarden, 4022. Alexander Rossi, 3953. Simon Pagenaud, 3414. Scott Dixon, 3085. Takuma Sato, 2926. Will Power, 2947. Ryan Hunter-Reay, 2718. Graham Rahal, 2449. James Hinchcliffe, 21610. Felix Rosenqvist, 20911. Sebastien Bourdais, 208 12. Santino Ferrucci, 20413. Spencer Pigot, 19414. Colton Herta, 18315. Marcus Ericsson, 18316. Marco Andretti, 17417. Tony Kanaan, 15618. Zach Veach, 15319. Ed Jones, 15220. Matheus Leist, 145 DEALS BASEBALL American LeagueHOUSTON ASTROS — Sent RHP Joe Smith toCorpus Christi (PCL) for a rehab assignment.OAKLAND ATHLETICS — Sent RHP Jharel Cot-ton to Stockton (Cal) for a rehab assignment.SEATTLE MARINERS — Signed RHPs MichaelLimoncelli, Anthony Tomczak and Dutch Lan-dis to minor league contracts.National LeagueCINCINNATI REDS — Optioned INF/OF JoshVanMeter to Louisville (IL).LOS ANGELES DODGERS — Optioned 1B MattBeaty to Oklahoma City (PCL). Reinstated SSCorey Seager from the 10-day IL.ST. LOUIS CARDINALS — Signed OF TommyJew to a minor league contract. Advertise in USA TODAY! (800) 397-0070 sales@russelljohns.com SET YOUR APART. Advertise with USA TODAY! 800-397-0070 BRAND To view more Classified listings, visit:www.classifieds.usatoday.com BUSINESS OPPORTUNITIES MARKETPLACE MARKETPLACE MARKETPLACE LOOKING FOR A NEW OPPORTUNITY? We need former biz owners, former executives or professionals adding on to their practices. 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Need Help! Ron Howard doing movie “PARADISE” Know him, Ellen or Oprah Tell them we’re here! Text me your email, and I’ll send you to a website! 970-388-6117 BOOKS/PUBLICATIONS STUDY THE BIBLE For FREE 8-lesson course Church of Christ, Box 8453, Falls Church, VA 22041 888-949-2176 www.gracewords.org BUSINESS SERVICES Custom Lifesize Statues! Secular, Sports, Religious, ETC. DeliveryIn120Days! PricesStartAt$8,500 www.CaveCo.us caveco33@aol.com Call CAVEMAN 1-800-989-CAVE (2283) REAL ESTATE RANCHES/FARM 877-475-6141 www.TheDiamondB.com The Interlocal Purchasing System (TIPS)posted procurement solicitations at www.tips-usa.com for the following categories: 190701 Web Hosting, Services or Content Management 190702 Temporary Flood Barriers 190703 Video and Audio Equipment, Presentation Systems, Production and other Services Proposals are due and will be opened on August 16, 2019, at 3:00 pm local time. Awards are tentatively scheduled for September 26, 2019 by the Region 8 ESC Board, 4845 US Highway 271 North, Pittsburg, Texas 75686. Call 866-839-8477 for problems with website or questions. NOTICES PUBLIC NOTICE LEGAL NOTICE Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. CentralTime, and late proposals will not be considered. BUSINESS BANK SERVICES 15 Year Old Subprime Auto Lender Looking to Replace Senior Bank Lenders $25 Million Line of Credit Call and/or Text 706-414-6194 ATTN: MEDICARE RECIPIENTS Do you have chronic Knee or Back Pain? You may qualify for a FREE Knee or Back Brace. Call NOW! For a safe, drug free remedy. Get a pain-relieving back or knee brace at little or no cost to you. National Knee & Back Brace Center! 800-745-1594 HEALTH / FITNESS HEALTH / FITNESS AIRLINE TICKETS TRAVEL IN SEARCH OF IN SEARCH OF YOU MUST CALL US NOW: 800-804-8248 INVOKANA MEDICATION WARNING ATTENTION THIS IS AN IMPORTANT MESSAGE FOR ANYONE THAT HAS TAKEN THE PRESCRIPTION MEDICATION INVOKANA, INVOKOMED OR INVOKOMED XR FOR THEIR DIABETES. IN MAY 2017, BASED ON THE FACTS OF TWO CLINICAL TRIALS, THE FDA ISSUED A HEALTH ADVISORY WARNING THAT THESE DIABETES MEDICATIONS INCREASE THE RISK OF AMPUTATION OF THE LEGS AND TOES. IFYOU ORYOUR LOVED ONE HAVE TAKEN THE PRESCRIPTION MEDICATION INVOKANA, INVOKOMED OR INVOKOMED XR FORYOUR DIABETES. Attention Diabetics! NO More Finger Pricking GetYour New GCM Devices Covered by Medicare (must test/inject 4+ x a day) 855-629-5927 AUTO AUTO SERVICES Special Alert to Auto Owners Does your vehicle have less than 200,000 miles, with an auto warranty about to expire or no war- ranty coverage at all? You can pay NOTHING for repairs, as well as receive free towing, free car rental and free roadside assistance Call now for a free quote! 800-339-8193 FINANCIAL DROWNING IN CREDIT CARD DEBT? Struggling to make minimum payments Owe $10,000 or more? Call for our debt reset program! CALL TODAY: 800-478-7009 New Tax Laws! Pay Lower Taxes! *Guaranteed if you qualify Owe 10k+ to the IRS? Got Unfiled Returns? Call The Tax Doctor 800-847-9607 To advertise, call:1-800-397-0070 In Re: Flipdaddy’s, LLC Case No. 1:18-14408 United States Bankruptcy Court, Southern District of Ohio Western Division NOTICE OF ENTRY OF ORDER APPROVING THE DISCLOSURE STATEMENT OF FLIPDADDY’S, LCC ON JUNE 26, 2019 INCLUDING RIGHTS OFFERING PROCEDURES AND RELATED MATERIALS. (Doc. No. 130) (“THE OFFER”) The Offer and Rights Offering includes the ability of any current member or the general public to acquire a new membership interest in exchange for any previously issued membership interests or for any individual or entity to acquire what would be a pro rata share and voting interest of up to twenty five percent (25%) of the newly issued membership interests in Flipdaddy’s, LLC, the Reorganized Debtor. The Offer is subject to the Procedures set forth in the Rights Offering, Related Letter of Transmittal, together with any amendments, supplements and additional materials making up the Rights Offering Materials. Neither the Securities and Exchange Commission nor any State Securities Commission has approved or disapproved of the Membership Interests to be issued as consideration for the Offer or passed on the adequacy of accuracy of the materials and information underlying the Offer and the Disclosure Statement. If you have further interest and wish to acquire further information, please contact: Steven L. Diller Diller & Rice, LLC 124 E. Main Street, Van Wert, Ohio 45891 Telephone: (419) 238-5025 Facsimile: (419) 238-4705 e-mail: steven@drlawllc.com 800-509-1635 FORECLOSURE DEFENSE HELPLINE AREYOU BEHIND ONYOUR MORTGAGE PAYMENTS? COULDYOUR HOUSE GO INTO FORECLOSURE? DOES IT SEEM LIKE THE BANK HAS NO INTEREST IN HELPINGYOU SAVEYOUR HOME ANDYOU FEEL LIKEYOU HAVE NOWHERE TO TURN? 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IF YOU OR YOUR LOVED ONE HAD AN IVC FILTER IMPLANTED YOU MAY BE ENTILTED TO FINANCIAL COMPENSTATION THERE ARE NO FEES UNLESS YOU GET A SETTLEMENT CALL NOW FOR A FREE LEGAL CONSULTATION Call now: 800-340-1530 (24/7) CALL: 800-509-9315 (24hrs) HIGH RISK DRIVER AUTO INSURANCE Have you been classified as a high risk driver due to DUI, DWI or tickets for aggressive driving and are required to get expensive and hard to find SR-22 auto insurance. The call and quote are free! CALL 24/7 FOR FREE PICKUP 800 448 1964 DONATE ANY CAR OR TRUCK ANY CONDITION GET AN IRS DEDUCTION AND FIGHT BREAST CANCER BREAK YOUR DRUG AND ALCOHOL PROBLEM TODAY Before it’s too late. Insurance may cover the cost.With the FMLA you can take off work! Call 24/7 to talk. 800-430-4149 Airline Tickets Deep Discounts Domestic – International – First Class Save up to 75% off Retail Prices Call 24/7 and Save 800-448-0828 Get Out ofYour Timeshare Contract Permanently 800-955-0426 Stop the Payments and Maintenance Fees Guaranteed / No More Timeshare Payments NOTICES PUBLIC NOTICE ALYSSA GILES MISSING From:Lakeland, FL 1-800-THE-LOST Sex:Female Race:White Hair: Auburn Eyes:Hazel DOB: May 26, 2001 Missing: Sep 16, 2018 Age Now:18 NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN Successful Advertisements start with USA TODAY Classifieds 1-800-397-0070 COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #091219 Entitled Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services The following advertisement was placed July 11, 2019 in Utah’s The Salt Lake Tribune, in USA Today, in South Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, and July 12, 2019 in Oregon’s Daily Journal of Commerce: Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: A-1 Alternative Fuel Systems Labrie Enviroquip Group Amrep Manufacturing, LLC. MARREL CORPORATION Apex Equipment Sales, INC McNeilus Financial, Inc. Autocar Truck, LLC Nexgen Municipal Inc. Blankenship Equipment Repair, Inc. Norlift, Inc. Curbtender, Inc. Par-Kan Company, LLC Diamond International Trucks Ltd. Premier Truck Sales & Rental, Inc Diehl and Sons INC DBA New York Freightliner Scranton Manufacturing Co.< Inc. FST Canada Inc. o/a Joe Johnson Equipment The Heil Co. Gladstein, Neandross & Associates Universal Handling Equipment Company Ltd. Hol-Mac Corporation Valor Holdings LLC Hunter Truck Buffalo Wastequip Manufacturing Company LLC KBG Holdings, Inc Wilkens Industries Inc. Proposals were opened on September 12, 2019, on the Sourcewell Procurement Portal from the following: Amrep Manufacturing, LLC. Curbtender, Inc. DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D Sourcewell Page 2 of 4 Hol-Mac Corporation Labrie Enviroquip Group McNeilus Financial, Inc. Par-Kan Company, LLC Scranton Manufacturing Co. Inc. The Heil Co. Universal Handling Equipment Company Ltd. Proposals were reviewed by the Proposal Evaluation Committee: Kim Austin, CPPB, Sourcewell Procurement Lead Analyst Brandon Town, CPSM, CPSD, Sourcewell Procurement Analyst Craig West, Sourcewell Procurement Analyst Stephanie Haataja, CPIM, Sourcewell Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee used the Sourcewell RFP evaluation criteria and determined that all proposal responses met Level-One and Level-Two Responsiveness and were evaluated. Curbtender, Inc. offers turnkey solutions for front end loaders, rear loaders and side loaders ranging in capacity from 6 cubic yards to 44 cubic yards including a non-CDL operator option. Their expansive dealer network and sales force stand ready to assist Members throughout the US and Canada. They are offering Sourcewell Members competitive discounts off MSRP, and a two-year standard warranty with extended warranty options available. Labrie Enviroquip Group manufactures rear-loading, side-loading and front-loading refuse bodies that can be attached to numerous chassis options. Labrie Enviroquip Group offers a side-loading body with a dual sided loading option that is suited for alleys and one-way streets. With regional sales managers and dealers located throughout the United States and Canada, Labrie Enviroquip Group is poised to assist Sourcewell Members. They are offering a solid discount off the published price for Members. McNeilus Financial, Inc. offers turnkey front load, rear load, and side load mobile refuse vehicles, along with parts and service. McNeilus Financial, Inc. utilizes a direct sales force throughout the United States and Canada to meet Sourcewell Member needs. Their pricing reflects a substantial discount from MSRP pricing, with volume discounts and leasing options available. Scranton Manufacturing Co. Inc. d/b/a New Way Trucks offers a turnkey solution for front loaders, rear loaders, side loaders and automated side loaders. They also offer Compressed Natural Gas (CNG) fueling integration on all models for cleaner emissions. New Way Trucks has also been involved in developing battery electric rear load collection vehicles. They are positioned to serve Sourcewell Members in the United States and Canada with their extensive sales and dealer network. New Way Trucks is offering a competitive discount off MSRP price to Members. The Heil Co. offers turnkey solutions for mobile refuse vehicles, including front loaders, side loaders and rear loaders. The Heil Co. also offers Third Eye on-board camera system to monitor the driver’s environment and promote safe DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D Sourcewell Page 3 of 4 vehicle operation. They have a vast dealer network located throughout the United States and Canada and are equipped to serve Sourcewell Members. The Heil Co. offers Members a competitive discount off the MSRP price. For these reasons, the Sourcewell Proposal Review Committee recommends award of Sourcewell Contract #091219 to: Curbtender, Inc. 091219-CRB Labrie Enviroquip Group 091219-LEG McNeilus Financial, Inc. 091219-MCN Scranton Manufacturing Co. Inc. 091219-NWY The Heil Co. 091219-THC The preceding recommendations were approved on November 11, 2019. ______________________________________________ Kim Austin, CPPB, Sourcewell Procurement Lead Analyst _________________________________________________ Stephanie Haataja, CPIM, Sourcewell Procurement Analyst _______________________________________ Craig West, Sourcewell Procurement Analyst _____________________________________________________ Brandon Town, CPSM, CPSD, Sourcewell Procurement Analyst DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D Sourcewell Page 4 of 4 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #091219 for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy. Jeremy Schwartz, ASQ CSSBB Chief Procurement Officer DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC Solicitation Number: RFP#091219 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Heil Co., 2030 Hamilton Place Blvd. #200, Chattanooga, TN 37421 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 15, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. 1 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member. Notwithstanding the above, warranty issues related to the body and Heil factory-installed components shall be administered and resolved by The Heil Co. Warranty for third-party manufacturers such as the chassis chassis options or subsequently installed components shall be administered and addressed by the respective product manufacturer. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be 2 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. B. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Product returns shall only be available in the event Vendor is notified of a body problem in writing and has not resolved the issue within thirty (30) days after receipt of said Notice. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. C. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. D. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number x Clearly specify the requested change x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) 3 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific 4 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. The cost of the bond premium shall be added to the cost of the Product. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and 5 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Member Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 6 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 7 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 8 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: 9 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. 10 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 11 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when 12 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction 13 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award 14 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 15 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell The Heil Co. By: By: Jeremy Schwartz George Paturalski Title: Director of Operations & Procurement/CPO Date: _11/11/2019 | 4:17 PM CST Title: Assistant Secretary Date: Approved: By: Chad Coauette Title: Executive Director/CEO Date: 11/11/2019 | 6:44 PM CST 16 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278      DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 RFP 091219 - Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Vendor Details Company Name: The Heil Co. Does your company conduct business under any other name? If yes, please state: Address: (Heil) 2030 Hamilton Place Blvd, #200 Chattanooga, TN 37421 Contact: Burgess Lane Email: blane@doveresg.com Phone: 256-478-0425 HST#: 363896843 Submission Details Created On: Thursday July 11, 2019 09:28:35 Submitted On: Wednesday September 11, 2019 09:59:56 Submitted By: Burgess Lane Email: blane@doveresg.com Transaction #: 86955ac5-f190-4f28-b35f-31bdbabd60c1 Submitter's IP Address: 74.127.76.220 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Specifications Proposer Identity & Authorized Representatives Line Item Question Response * 1 Proposer Legal Name (and applicable d/b/a, if any): The Heil Co. (“Heil") * 2 Proposer Address: 2030 Hamilton Place Blvd, #200 Chattanooga, TN 37421 * 3 Proposer website address: www.heil.com * 4 Proposer's Authorized Representative (name, title, address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer): Dave Young Vice President - Sales dyoung@doveresg.com 423-855-6353 * 5 Proposer's primary contact for this proposal (name, title, address, email address & phone): Burgess Lane Ready Truck Manager blane@heil.com 256-304-2218 * 6 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Larry Angel General Manager Ready Trucks langel@heil.com 423-242-2967 Jim Whitlow Ready Truck Business Analyst jwhitlow@heil.com 256-845-8355 Company Information and Financial Strength Line Item Question Response * 7 Provide a brief history of your company, including your company’s core values, business philosophy, and industry longevity related to the requested equipment, products or services. Formed in 1901 by Julius P. Heil, Heil is the world’s premier manufacturer of ultra-durable, highly productive mobile refuse collection vehicles. Our product offering encompasses front loaders, rear loaders, side loaders, and multi-compartment vehicles, alternative fuels as well as special packages for organics. As the industry’s leading provider of mobile collection solutions, we operate with a clearly defined mission, vision, set of core values, and set of strategic priorities: Mission: Process, transport, and transform the solid waste stream into sustainable resources that benefit our customers and communities. Vision: Be the undisputed global leader in people, performance, and customer value in the solid waste and recycling industry. Core Values: • Collaborative Entrepreneurial Spirit • Winning Through Customers • High Ethical Standards, Openness, and Trust • Expectations for Results • Respects and Values People Strategic Priorities: • Safety • Quality • On-Time Delivery • Productivity Improvement In addition to the wide array of custom-configured refuse bodies, HEIL offers two innovative programs to assist customers with updating or enhancing their refuse collection fleets quickly. Ready Trucks Program For customers who need to grow their fleet quickly or replace tired trucks and would like to purchase a new Heil refuse collection vehicle, we offer our Ready Trucks Program. This Program enables customers to choose a heavy-duty unit from stock, equipped with our most requested options, and receive same-day shipping. For those customers who would like to make slight modifications to a stock unit, we offer the ability to customize a unit in inventory and have it ship within 60 calendar days as part of our 60-day Shipping Guarantee. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 We offer a large variety of chassis inventory for mounting Heil refuse collection bodies. At any given time, we either stock or have immediate access to 500 to 700 chassis, both conventional and cab-over engine models. With chassis production lead times currently as long as four (4) months and often as long as twelve (12) months in recent years, having chassis on hand will enable Heil to offer Sourcewell Members immediate access to the majority of our refuse collection vehicles. Having such a large product offering requires a substantial number of different chassis models. The table below demonstrates our extensive offering of both diesel and compressed natural gas (CNG) models: Chassis Manufacturer Cab-Over Conventional Autocar X X Crane Carrier X Freightliner X International X Hino X X Kenworth X Mack X X Peterbilt X X (Cab-over models are primarily used for Heil front loaders, automated side loaders and, to a les Appendix A. You will note that we are offering in excess of 200 different chassis specifications Heil Rental Programs Heil has relationships with Big Truck Rental, Rush Rentals and Premier Tr purchasing vehicles for a fleet. By renting, municipal customers can: • Start a new pickup or collection route due to annexation without the typical upfront investment. • Kick off a new route or relationship without the possible strain on cash flow. • Replace a unit that goes down unexpectedly or is in for service, in most cases within 24 hours. • Manage an emergency storm cleanup or another sudden situation where time is of the essence and expansion of service may need to be temporary, such as seasonal leaf and brush collection. • Determine which front, side or rear loader is the right solution for an application by testing a rental unit before buying. • Please see Appendix – BTR for Big Truck Rental pricing • Please see Appendix – Rush for Rush Rental pricing • Please see Appendix – Premier 1 and Premier 2 for Premier Truck Rental pricing Parts Central Parts Central offers Heil Certified OEM parts and a variety of aftermarket parts manufactured by Heil. Heil Certified OEM Parts are the most reliable replacement parts for Heil refuse collection vehicles. They’re made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means that they fit perfectly every time. Heil uses only the highest-quality materials for parts that last, minimizing costly downtime. Parts Central also offers the most requested aftermarket parts for Heil and other makes of refuse collection vehicles. Our aftermarket parts are designed and manufactured to strict standards and are backed by more than 118 years of industry experience and quality good enough to carry the Heil name. Most commonly requested parts are available for immediate, same-day delivery through a local authorized Heil Dealer. If customers require a part that’s not on the shelf locally, the dealer can expedite delivery from our main Parts Central warehouse in Fort Payne, Alabama. Orders for in-stock parts placed with the warehouse prior to 5:00 p.m. Eastern Standard Time will be shipped overnight. Even those hard-to-find parts for older refuse collection vehicles are often available through local Dealers for next-day delivery. * 8 Provide a detailed description of the products and services that you are offering in your proposal. Our product line consists of a series of commercial and residential equipment. They are divided into 9 sub categories: a) Front Loaders Half/Pack® Frontload Garbage Trucks. Heil’s Half/Pack has consistently delivered proven performance and continues to set the standard for front loaders. The Half/Pack is built for a long, reliable lifespan. Please see Appendix - Half Pack for more information regarding this product. Also, you may click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack HALF/PACK® FREEDOM™ FRONT LOAD GARBAGE TRUCKS. Heil’s Half/Pack® Freedom front load garbage truck is the lightweight solution for commercial and residential refuse hauling routes, able to carry up to 11 tons of legal payload in its 28 yd. body. Please see DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Appendix – Half Pack Freedom for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack-freedom HALF/PACK® COMMERCIAL FRONT LOAD GARBAGE TRUCK WITH ODYSSEY™ HYDRAULIC CONTROLS. This front loader features a refined hydraulic and electronic control system for maximum efficiency, reliability, and precise control. The Heil® Commercial Half/Pack® garbage truck with Odyssey™ Hydraulic Controls also has a single, easy-to-use joystick that requires minimal effort to operate, which saves time and increases productivity. Please see Appendix – Half Pack Commercial with Odyssey Controls for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack-commercial-odyssey HALF/PACK® SIERRA™ FRONT LOAD GARBAGE TRUCKS. At 17,050 lbs (16% lighter than our standard Half/Pack® Front Loader), the Heil® Sierra™ front load garbage truck is a mid- weight solution for commercial and residential refuse routes that can carry more than 10 tons of legal payload in its 28 yd frontload hopper. Whether you haul commercial or residential refuse, the Half/Pack® Sierra™ is simply the best light-weight front loader, hands down. Please see Appendix – Half Pack Sierra for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack-sierra HALF/PACK® AUTOMATED RESIDENTIAL FRONT LOAD GARBAGE TRUCKS. With major productivity enhancements, this game-changing automated front load garbage truck provides savings on residential refuse routes by eliminating high-maintenance items. For the most dependable Residential Front Loader in the business, you can count on the Heil® Half/Pack®. Please see Appendix – Half Pack Automated Residential for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-front-loaders b) Rear Loaders POWERTRAK® COMMERCIAL PLUS HIGH CAPACITY REAR LOAD GARBAGE TRUCKS. The Heil® PowerTrak® PLUS High Capacity Rear Load Garbage Truck's patented design mounts the tag axle to the chassis frame rail, making it more structurally sound than models with the tag axle integrated into the tailgate, and an optional pusher axle can be added to carry an even greater legal payload. Please see Appendix – PTC Plus for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/powertrak-commercial-plus PT 1000™ SINGLE AXLE REAR LOAD GARBAGE TRUCKS. With its 15-second cycle time, reload time of less than 6 seconds and its and large, 3 yd3 capacity hopper, this robust rear load garbage truck is the key to optimizing productivity on residential and commercial routes. Please see Appendix – PT1000 for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/pt-1000 DURAPACK® 5000 REAR LOAD GARBAGE TRUCKS. This tough and reliable high-compaction rear load garbage truck has a unique swing link design, along with the waste industry’s largest capacity hopper. A large 3.94 yards – and compaction up to 1,000 lbs per yd3 for increased productivity on your commercial and residential trash routes. Please see Appendix – DP5000 for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/durapack-5000 POWERTRAK® COMMERCIAL REAR LOAD GARBAGE TRUCKS. This powerful rear load garbage truck body has high-pressure hydraulics and dual-track design to provide an awesome compaction of up to 1,200 lbs per yard. The PowerTrak® 3.64 yd hopper handles construction, demolition, and bulk waste better than any commercial rear loader in its class. Please see Appendix – PTC for more information regarding this product. Also, please click this link below to view examples of this offering: https://www.heil.com/products/rear-loaders/powertrak-commercial NON-CDL MINI REAR LOAD GARBAGE TRUCKS. Don’t let the size fool you. The beauty of this highly maneuverable Non-CDL Rear Load Garbage Truck is its narrow, compact and lightweight design, making it ideal for commercial or residential waste hauling routes. Operators don’t need a commercial driver’s license (CDL) and the vehicle is exempt from Federal Excise Tax (FET). And the simple but effective swing link design means no slides, tracks or rollers, just compaction. Looking for the best Non-CDL Rear Load Garbage Truck Body on the market? Check out the Heil® Mini Rear Loader. Please see Appendix – Mini REL for more information regarding this product. Also, please click this link below to view examples of this offering: https://www.heil.com/products/rear-loaders/mini-rear-loader c) Side Loaders LIBERTY™ AUTOMATED SIDELOAD GARBAGE TRUCKS. The patented Python™ automated sideload garbage truck arm has a muscular, 9-foot reach, an 8-second cycle time and can lift up to 800 lbs. The incredibly lightweight Liberty™ automated side loader is perfect for residential collections. And the constant pack body – which is the lightest in the industry, has a patented paddle packer that continuously sweeps the hopper, eliminating the need to stop DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 and pack the load. Please see Appendix – Liberty for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/liberty n * DURAPACK® PYTHON® AUTOMATED SIDE LOAD GARBAGE TRUCKS. The patented Heil® Python® Side Load Automated Arm has a 9-foot reach, an 8-second cycle time and can lift up to 800 lbs, making it a strong and fast performer on any residential refuse route. And the DuraPack® Sideload body is the industry standard when it comes to dependability and toughness. Please see Appendix – Python for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/durapack-python RAPID RAIL® AUTOMATED SIDE LOAD GARBAGE TRUCKS. The Rapid Rail® Automated Side Loader garbage truck body has a 1,600 pound lift capacity, and allows for residential, commercial and multi-family refuse collection. It can handle 30-400 gallon refuse containers all day long with ease. The powerful arm has virtually zero kick out allowing operation in the tightest of alleys, and an 8-second cycle time means industry-leading productivity, all in combination with the lightest weight side loader in the industry. Please see Appendix – Rapid Rail for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/rapid-rail DURAPACK® RAPID RAIL® SIDELOAD GARBAGE TRUCKS. The DuraPack® Rapid Rail® Autom DuraPack® high- compaction sideload body makes for a reliable, tough RCV. Please see Appe https://www.heil.com/products/automated-side-loaders/durapack-rapid-rail MULTIPACK® AUTOMATED SIDE LOAD GARBAGE TRUCKS. Heil® MultiPack® Sideload Garbage Truck Bodies combine the durable Heil® DuraPack®, the superior Python® automated arm and the proven DuraPack® 5000 refuse tailgate. It’s the only trash truck in the industry that can handle rear loader, side loader, and even commercial waste routes single-handedly. Please see Appendix – Multipack for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/multipack d) Multi-Compartment Vehicles DURAPACK® 4060 SPLIT BODY REAR LOAD GARBAGE TRUCKS. The Heil® DuraPack® 4060 Split Body Rear Load Garbage Trucks are a win-win, allowing collection of multiple residential trash streams or recyclables. With the DuraPack® 4060 split body rear loader, one truck can do the work of two. And the reduced weight body means enhanced fuel economy and larger payloads on the route. Please see Appendix – 4060 for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/durapack-4060 e) CNG Capabilities CNrG™ TAILGATE.The Heil® innovative, fully integrated CNrG™ tailgate fuel delivery system will revolutionize the way you use CNG garbage trucks. Please see Appendix – CNrG for more information. Also, please click the link below to view examples of this offering: https://www.heil.com/products/cng-capabilities/cnrg-tailgate CNG OPTIONS FOR GARBAGE TRUCKS. Heil® makes it easier than ever to realize the savings from CNG garbage trucks with our factory-direct CNG program. Please see Appendix – Heil CNG for more information. Also, please click the link below to view examples of this offering: https://www.heil.com/products/cng-capabilities/cng-options f) Organics ORGANIC WASTE COLLECTION TRUCKS AND EQUIPMENT. When it comes to waste stream diversion, one of the first targets is removing organic waste from the landfill. That’s where Heil comes in, with our Organics Waste Collection trucks and equipment. Whether your route is equipped with the PT-1000 or the iconic Heil® Rapid Rail®, we have organics processing options that allow you to meet your organics diversion targets. Please click the link below to view examples of this offering: https://www.heil.com/organics g) Parts Central Heil® Certified OEM Parts are the most reliable replacement parts for Heil® refuse trucks. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 These parts are made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means they fit perfectly every time. Heil® uses only the highest-quality materials for parts that last. Parts Central also offers the most requested aftermarket parts for Heil and other makes of garbage truck bodies. Our aftermarket parts are designed and manufactured to strict standards and are backed by more than 100 years of industry experience. High-volume parts that are frequently requested are available for immediate, same-day delivery through your local Authorized Heil® Dealer. Orders for in-stock parts placed with Parts Central before 5 p.m. ET will be shipped overnight. Please click below to view examples of this offering: https://www.heil.com/products/parts-central h) Bayne Thinline Premium Lift Systems Mobile Refuse Products. Bayne's diverse line lifters for mobile refuse truck lifters is second to none. Our lifters are the most reliable solution to your waste handling needs, and we offer complete solutions for almost any application or budget. Please see Appendix – Bayne for more information regarding this product. Also, please click below to view examples of this offering: https://www.baynethinline.com/products/mobile_refuse_products i) Third Eye Refuse Fleet Solutions. Refuse collection can be tricky business. Knowing that you’ve serviced a home or business is important. So is doing it productively and safely every time. 3rd Eye on- board camera systems constantly monitor your driver as well as their environment to ensure the safe operation of their vehicle. It also allows fleet owners immediate verification of service and video validation of overfilled containers – which can lead to more revenue / increased service frequency. 3rd Eye is the most technologically advanced refuse fleet management solution for the waste industry, trusted by companies all over the United States, just like yours. From Enhance Vehicle Behavioral Analytics™, 3rd Eye Digital, 3rd Eye Mobile, Collision Avoidance Radar and more, 3rd Eye has the most comprehensive refuse fleet management solutions on the market. Please see Appendix – 3rd Eye for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.3rdeyecam.com/refuse-fleet-management-systems/ The attached Proposal is tendered in compliance with and conforms to the bid specification requirements of Sourcewell as set forth in solicitation #091219 identified with an initial submittal date of September 11, 2019. However, for complete clarity and transparency, the pricing and performance commitments contained herein are tendered to Sourcewell predicated on a mutual understanding and agreement on the following points of clarification: 1. Warranty issues related to the body and Heil factory-installed components shall be administered and resolved by The Heil Co. Warranty for 3rd party manufacturers such as the chassis, chassis options, or subsequently installed components shall be administered and addressed by the respective product manufacturer. 2. Product returns shall only be available in the event Heil is notified of a body problem in writing and has not resolved the issue within thirty (30) days after receipt of said Notice. 3. Consistent with section 10B of this Agreement, any supplemental terms or conditions on Member-supplied transactional paperwork (such as a Purchase Order) shall be null and void unless an Amendment to this Agreement is executed between Supplier and Member. 4. In the event a Member requires a Performance Bond from Supplier, the cost of the bond premium shall be added to the cost of the Product. 5. In relation to section 12. Audits, audits are restricted to pricing and invoicing to verify our compliance with the contract. 6. In order to avoid any confusion concerning the point that the Agreement governs the sale in section 6F, and any Purchase Order terms do not apply per section 10B, we would like to clarify that all actions at law would take place in Todd County or Fergus Falls, MN. 7. Regarding section 20 A.5, our products and services do not fall within this category. 8. Regarding section 20 B, we do not provide copies of our insurance policies, but do provide the required Certificate of Insurance to demonstrate our proof of insurance. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 9 What are your company’s expectations in the event of an award? As a company, we strive to live out the values we espouse of respecting people, maintaining th our product offerings and processes to provide the most extensive and complete portfolio of fir * 10 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Please see Appendix B of this Proposal for a complete 2018 Dover Annual Report. Heil is an operating company within the Dover Company structure. https://investors.dovercorporation.com/annual- reports * 11 What is your US market share for the solutions that you are proposing? Although Heil is the leader in the US, we do not publish market share numbers. * 12 What is your Canadian market share, if any? Heil does not publish market shares. * 13 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No. We’ve never been subject of a bankruptcy action. * 14 How is your organization best described: is it a ma your written authorization to act as a distributor/dea with your sales and service force and with your dea a. Heil is a manufacturer and our dealer network is independently owned. b. Heil offers a case by case system of sales and marketing in the global market. In general, we employee our Dealer Network to cover cities and counties within all 50 states in the US and 7 Canadian provinces. Secondly, we employ Key Account Representatives where the volume of business warrants. Thirdly, we employ Regional Sales Managers to manage and coordinate the activities. All these individuals are employed by Heil, as follows: 1) Dealer Sales Representatives – Employed by Heil Dealers and they represent Heil from a Contract standpoint when quoting or selling Heil equipment to Sourcewell members. 2) Key Account Representatives – Employed by Heil 3) Regional Sales Managers – Employed by Heil * 15 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. State of Tennessee - Motor Vehicle Manufacturer/Distributor License ID Number 00005771 Hamilton County, Tennessee - Business License License Number 052431 City of Chattanooga, Tennessee - Business Tax License State Tax Account # 501133955 Local Business Tax Account # 30101 The Heil Co. is an ISO-certified manufacturer. * 16 Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. None * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 17 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Our product line consists of a series of commercial and residential equipment. They are divided into 9 sub categories: Front Loaders Rear Loaders Side Loaders Multi-Compartment Vehicles CNG Capabilities * Organics Parts Central Bayne Thinline Premium Lift Systems Third Eye Industry Recognition & Marketplace Success Line Item Question Response * 18 Describe any relevant industry awards or recognition that your company has received in the past five years Heil holds more than 200 industry patents for solid waste and recycling innovations. We are al organizations: a. of Scrap Recycling Industries (ISRI) c. National Association for Information Destruction (NAID (WASTEC) In addition to these industry awards, we have the following recognitions: NWRA – 2014 Hall of fame induction – John Curotto, President, Curotto-Can, (subsidiary) NWRA – 2014 Hall of Fame induction – Bill Wilkerson, VP Sales and Marketing, Marathon (sister company) NJPA Pioneer Award - 2017 – Larry Angel – General Manager Ready Trucks * Pat Carroll, Heil President, is a member of the: a. Board of Governors of WASTEC b. Board of Directors of Environmental Research and Educational Foundation (EREF) 19 What percentage of your sales are to the governmental sector in the past three years 22% * 20 What percentage of your sales are to the education sector in the past three years Less than 1% as they generally do not pick up their own garbage. * 21 List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? While Heil does not hold any other cooperative purchasing contracts, we do sell refuse trucks to our Dealer Network who utilize other procurement contracts including HGAC, Florida Sheriff’s Association, and the Texas Buy Board. * 22 List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? We do not have a GSA contract * References/Testimonials Line Item 23. Entity Name * Contact Name * Phone Number * City of Portsmouth Kenny Strickland stricklandk@portsmouthva.gov 757-393-8629 * City of Franklin VA Russell Pace rpace@franklinva.com 757-562-8562 * Dare County Shanna Fullmer shanna@darenc.com 252-423-0136 * City of Norfolk Rob Arnold robert.arnold@norfolk.gov 757-441-5813 University of Maryland Bill Guididas wguidida@umd.edu 301-405-3293 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Top Five Government or Education Customers Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years * City of New York City Government New York - NY 724 Refuse Trucks 724 $68 million * City of El Paso, TX Government Texas - TX 50 Refuse Trucks 50 $5 million * City of Austin, TX Government Texas - TX 49 Refuse Trucks 49 $5.7 million * City of Columbus, GA Government Georgia - GA 40 Refuse Trucks 40 $2.7 million * Metro Nashville, TN Government Tennessee - TN 38 Refuse Trucks 38 $2.5 million * Ability to Sell and Deliver Service Nationwide Describe your company’s capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response * 25 Sales force. Heil’s dealer network consists of 34 dealers located within North America. All dealer locations that support the Heil brand can provide customers with road service, if needed, and all dealers offer onsite service at customer locations. In addition, we have 8 Regional Managers that support the Heil Dealers in their respective territories to help expedite and facilitate solutions to meet the member’s needs. Please see Appendix C for a map of our dealer locations and service locations. Heil Region Name Regional Manager Name Location % Focus on Heil Sales & Services Northeast Jim Blanchard Boston, MA 100% North Atlantic Dennis Fallon Pittsburg, PA 100% Southeast Randy Wells Fort Payne, AL 100% Central Joe Howard Houston, TX 100% Midwest Bob McHugh Chattanooga, TN 100% West Bill Engstrom Hurricane, UT 100% Northwest Mike Tucker Denver, CO 100% Canada Craig Thomas St. Louis, MO 100% * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 26 Dealer network or other distribution methods. Heil Dealer List: Heil Dealer Name City State Heil Region Heil of Texas - Irving, TX Irving TX Central Heil of Texas - San Antonio, TX San Antonio TX Central Ingram Equipment Company, LLC - Pelham, AL Pelham AL Southeast Ingram Equipment Company, LLC - Theodore, AL Theodore AL Southeast International Trucks of Hawaii - Kapolei, O'ahu, HI Kapolei, O'ahu HI West Kois Brothers Equipment Company, Inc. - Commerce City, CO Commerce City CO Northwest Kois Brothers Equipment Company, Inc. - Billings, MT Billings MT Northwest Kois Brothers Equipment Company, Inc. - Great Falls, MT Great Falls MT Northwest Armor Equipment - Arnold, MO Arnold MO Midwest Balar Equipment Corporation - Phoenix, AZ Phoenix AZ West Bell Equipment Company - Lake Orion, MI Lake Orion MI North Atlantic Bell Equipment Company - Gahanna, OH Gahanna OH North Atlantic Bob's Services - Anchorage, AK Anchorage AK Northwest Bodyworks Equipment, Inc. - Monrovia, CA Monrovia CA West MacQueen Equipment, Inc. - Menomonee Falls, WI Menomonee Falls WI Midwest Carolina Environmental Systems, Inc. - Kernersville, NC Kernersville NC Southeast Carolina Environmental Systems, Inc. - Greenville, SC Greenville SC Southeast Carolina Environmental Systems, Inc. - Austell, GA Austell GA Southeast Central Indiana Truck Equipment (CITE) - Indianapolis, IN Indianapolis IN Midwest Cyncon Equipment Company - Rush, NY Rush NY Northeast Heil of Texas - Houston, TX Houston TX Central Stringfellow, Inc - Nashville, TN Nashville TN Midwest Stringfellow, Inc - Chattanooga, TN Chattanooga TN Midwest Sunbelt Hydraulics and Equipment, Inc. - Pompano Beach, FL Pompano Beach FL Southeast Tampa Crane and Body, Inc. - Tampa, FL Tampa FL Southeast MacQueen Equipment, Inc. - Ankeny, IA Ankeny IA Midwest United Engines, LLC - Oklahoma City, OK Oklahoma City OK Central Utility Truck Equipment Company (UTEC) - Lake Charles, LA Lake Charles LA Central Vasso Waste Systems, Inc. - Brooklyn, NY Brooklyn NY Northeast Fer-Marc Equipment, Ltd. - Regina, SK Regina SK Canada Ray Max Equipment Sales - Calgary, Alberta, AB Calgary, Alberta AB Canada Saniquip, Inc Riguad QC Canada Vimar Equipment, LTD Burnaby BC Canada Binzz Inc. - Campbellville, ON Brampton ON Canada Legacy Equipment Company - Salt Lake City, UT Salt Lake City UT Northwest MacQueen Equipment, Inc. - St. Paul, MN St. Paul MN Midwest Maine Equipment Company, Inc - Hermon, ME Hermon ME Northeast Mid-Atlantic Waste Systems - Easton, MD Easton MD North Atlantic Mid-Atlantic Waste Systems - Salem, VA Salem VA North Atlantic Mid-Atlantic Waste Systems - Chesapeake, VA Chesapeake VA North Atlantic Mid-Atlantic Waste Systems - New Castle, PA New Castle DE North Atlantic Mid-Atlantic Waste Systems - Clinton, MD Clinton MD North Atlantic Mid-Atlantic Waste Systems - Pittsburgh, PA Cheswick PA North Atlantic MacQueen Equipment, Inc. - Lincoln, NE Lincoln NE Midwest Northern Truck Equipment Corporation - Sioux Falls, SD Sioux Falls SD Midwest Northern Truck Equipment Corporation - Fargo, ND Fargo ND Midwest Northern Truck Equipment Corporation - Rapid City, SD Rapid City SD Midwest Preferred Truck & Equipment Repairs, Inc. - Sacramento, CA Sacramento CA West River City Hydraulics, Inc. - Sherwood, AR Sherwood AR Central River City Hydraulics, Inc. - Baton Rouge, LA Baton Rouge LA Central River City Hydraulics, Inc. - Memphis, TN Memphis TN Central Ruckstell California Sales Company, Inc - Fresno, CA Fresno CA West EJ Equipment - Addison, IL Addison IL Midwest Action Fleet Repair - North Las Vegas, NV North Las Vegas NV West Environmental Equipment Sales & Service, LLC Sutton MA Northeast Armor Equipment - Olathe, KS Olathe KS Midwest Heil of Texas - El Paso, TX El Paso TX Central EJ Equipment - Manteno, IL Manteno IL Midwest Preferred Truck & Equipment Repairs, Inc. - Livermore, CA Livermore CA West * 27 Service force. Our Heil Dealer Network comprises 60 locations to service customers. In addition to these dealer technicians, Heil also has 8 Field Service Technicians that are also available to service members if the need requires it. Support for our customers is a priority and we make it as easy as possible through our dealer locator on the Heil website, easy to access email for Heil Tech Support as well as the Heil Tech Support phone number. Please click the link below to see the ease of access: https://www.heil.com/support * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Heil Environmental has dedicated Customer Care and Support for new refuse equipment sales on site as well as through our extensive US dealer network. Heil also offers OEM part sales and support through Heil Parts Central. For new unit sales, Heil’s release management process provides firm commitment dates on standard orders within 72 hours. All Heil products are manufactured and inspected throughout the build process building quality into every Heil product from the start. Quality Control reviews every unit before shipment to ensure every product is 100% accurate to the customer’s request and order submission. OEM part sales are available through Heil Parts Central’s 24-hours a day e-commerce website al Representatives for these products as well. At Heil we pride ourselves on customer satisfaction * 29 Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. Heil is fully prepared and uniquely capable of servicing ALL Sourcewell Member geographic areas and market segments under this contract in the United States, Canada, and internationally. * 30 Identify any Sourcewell Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? There will be no exclusions of Sourcewell Members from our contract related to this RFP. Heil is fully prepared and uniquely capable of servicing ALL Sourcewell Member segments. * 31 Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. The requirements for shipping a piece of equipment via an ocean-going vessel will vary depending on the port of departure and the port of delivery. In some cases, full or partial payment of equipment may be required prior to loading onto the shipping vessel or exiting port after loaded. * Marketing Plan Line Item Question Response * 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. Heil is very aggressive in our marketing of the opportunities provided us by our association with Sourcewell. We have one of the nation’s largest dealer networks – and work with them, provide training and guidance regarding how to best take advantage of our Sourcewell contract. In addition, we use our in-house video production team to further enhance both the brand – and the strength of partnering with Sourcewell through both our Sourcewell video testimonial – and through our popular ReadyTruck video series – which plugs Sourcewell during every episode. Both of these channels are popular and viewed by our following. These can also be found on our website – which garners more traffic than any of our competitors [based on Moz and Google Analytics reporting]. In addition, we display our Sourcewell contract proudly on our website, as well as on all of our eBrochures. * 33 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. Effective SEO is a key component of all of ESG’s web properties and Heil, Marathon, and 3rd Eye all have robust social media strategies that highlight wins, customers, and information pertinent to the waste industry. We are leading all of our competitors in our SEO search metrics as can be seen in the attached charts. We have always looked at our SEO strategy as a “discipline” vs. a process – and we feel that our dominance in this area is a testament to that. Combined with this strategy are tools that monitor our website traffic and provide very granular metrics regarding who is on our site, what they are looking for – and how often they visit. This information is then automatically delivered to our sales teams to ensure they track the lead through revenue generation. * 34 In your view, what is Sourcewell’s role in pr Sourcewell- awarded contract into your sale Sourcewell is seen has a valuable partner in the implementation and success of this contract. As such, we believe that Sourcewell’s role as a joint partner in all marketing collaterals is essential. As part of our partnership, Heil will be responsible for increasing Sourcewell awareness and the inherent benefits of the contract through our various dealer sales meetings, national Heil sales meetings and any trade shows in which we participate. In exchange, we would expect that Sourcewell will promote Heil on the Sourcewell website, in the quarterly Newsletter, in all Sourcewell literature, and at all applicable marketing resources and publications. * 35 Are your products or services available throu e- procurement system and how governmen No. Due to the many options that are offered on both body and chassis and the electronic interactions that have to occur between the two units, we feel it prudent to involve our Dealer Representatives that are trained to know what will work together and what will not. It is too complicated to just select options and hope it will work, and this will help protect the member’s procurement teams who may not be as knowledgeable regarding product options and applications by utilizing the trained staff at our dealer locations. * Value-Added Attributes Line Item Question Response * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 36 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell Members. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. Heil offers a wide array of custom training programs that keeps our sales management and Dealer sales force up to speed on our products. From selling techniques, technical product and operator trainings, to product maintenance schools, every aspect of selling and promoting our vehicles is covered. We have been extremely successful with these programs and will be offering them again to our Sourcewell members to further their education on mobile refuse collection vehicles. They consist of: • In-person training sessions. They are performed in our Fort Payne, Alabama and Vernon, Alabama production facilities. The proximity of the factory makes it easier for the Sourcewell Members to fully comprehend what separates our mobile refuse vehicles from our competitors. • Mobile training trailers that travel throughout the United States. These two unique and first in the industry mobile classrooms bring education directly to our customers. As a customer-oriented company, we believe this type of training eliminates travel time, job downtime, and related costs for course attendees. In fact, they can be set up onsite at a customer or Dealer location and are equipped with the latest technology to deliver customer-specific content in air-conditioned comfort. • Heil Service Shack video trainings available to our Sourcewell members in the form videos posted on our various social media sites. These are available in English, Spanish and French Canadian. Follow the links below for examples: English https://vimeo.com/281281938/636d4ccd22 * French Canadian https://vimeo.com/281969922 Spanish https://vimeo.com/274579697 37 Describe any technological advances that your proposed products or services offer. • Safety via cameras and radar with the ability to record all cameras on the truck (when installed with 3rd Eye’s Hurricane Gateway) • Asset utilization: be able to record and track the hours and location of your assets • Equipment behavior: know that status of your garbage truck’s hopper, compactor and ancillary equipment in real time • On Road / Off Road: know when your assets are on highway and when they are not • Integrating lightweight composites into non-critical areas of our refuse collection bodies to produce the lightest weight refuse collection vehicle on the market today with the largest legal payload – 11+ tons. • Adding the Heil Overweight Prevention System™ (HOPS™) to our refuse collection vehicles to monitor vehicle weight while on route. HOPS uses axle transducer scales, accurate to within 2%, to determine the vehicle’s gross weight. When the unit approaches its maximum allowable weight, the driver receives audible and visual signals inside the cab. When the unit reaches its maximum allowable weight, the system prevents the operator from collecting any more cans. This helps ensure full loads, minimizes exposure to overweight fines, and extends the life of the vehicle. • Heil’s Automated Front Loader with Odyssey controls and hydraulics launched in mid-2013 redefining automated and bulk refuse collection levels. Pressure compensated piston pump, positions sensing cylinders and control logic drove weight out of the product while significantly reducing complexity, increasing reliability resulting in industry leading uptime and lowest Total Cost of Ownership. • No other residential front loader garbage truck features the Half/Pack® smart design, with all of its systems working together to reduce the total cost of operation. It’s more efficient, easier to operate, easier to service, and less likely to need service in the first place. • The Half/Pack® Freedom™ frontload trash truck weighs only 15,700 pounds, which is 19% lighter than a standard Half/Pack® and 1,350 pounds lighter than the lightweight Half/Pack® Sierra™. The Freedom™ can carry up to 11 tons of legal payload in its 28 cubic yard front load body – the largest legal payload – and features a 12 cubic yard hopper and a frontload arm lifting capacity of 8,000 pounds. To ensure the Half/Pack® Freedom™ front loader maintains its long-term durability, we have added an innovative load-control system to the unit called the Heil® Optimal Payload System™ or HOPS™. • The Heil® Half/Pack® front-load garbage truck with Odyssey™ hydraulic controls has a single, easy- to-use joystick that maximizes ergonomics by requiring minimal effort to operate and increases productivity. It is also equipped with an Insight Display, an in-cab display that provides real-time feedback, as well as optimal operator control. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 38 Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. As a leader in the solid waste and recycling industry, Heil maintains a corporate mission to provide customers with innovative solutions for processing, transporting, and transforming the solid waste stream into sustainable resources that benefit both our customers and our communities. To that end, ZHVWULYHWRLQFRUSRUDWHʊJUHHQSUDFWLFHVLQWRRXUFRmpany processes as well as into our products. Here are some examples: • We have installed a CNG fueling station at our Fort Payne, Alabama production facility to meet the fueling needs of refuse collection units leaving the plant as well as to support the fueling of privately owned CNG-powered vehicles in the local community. • As part of our manufacturing process we install CNG fuel systems on many new customer trucks while meeting the growing demand for gas fueling applications. In Heil production facilities, we: • Recycle 100% of the scrap steel used to make our products • Use a low VOC electrostatic paint process to paint our lifters, refuse collection bodies, compactors, and balers • Actively recycle cardboard, aluminum, plastic, office paper, and wooden pallets • Our green products include: • Use of hybrid and CNG-fueling systems on our Heil refuse collection bodies • Building innovative, lightweight Heil refuse collection units that reduce costs associated with fuel, tires, and brakes • Our patented Odyssey™ hydraulic control technology delivers waste industry-leading productivity with the lowest total cost of ownership, helping refuse haulers make more money on the route. This system is designed to help operators finish routes up to 20% faster, deliver measurable fuel savings while reducing wear on the lift assembly, chassis, engine, and transmission. Plus, it greatly reduces noise pollution. * • $VD'RYHUFRPSDQ\+HLOVXSSRUWV'RYHU&RUSRUDWLRQ¶Vʊ6XVWDLQDELOLW\3ROLF\DORQJ-term commitment to operational excellence that will reduce greenhouse gas emissions, the use of volatile organic compounds (VOC), metal and cardboard consumption, and landfill utilization across the enterprise. • Specifically, Dover has committed to reduce greenhouse gas emissions and energy consumption by 20% each by the year 2020. Many Dover operating companies have already achieved significant energy and energy cost reductions in their operations. Launched in 2012, Dover's Energy Efficiency Captain Program has created a knowledge sharing community of operating company professionals to discuss energy efficiency and sustainability initiatives at their facilities. Initial findings from 2012 data indicate that 39 energy efficiency projects were implemented, with over 8,000 MWh in savings. To learn more, please click the following link: https://www.dovercorporation.com/about-us/sustainability/intensity-goals 39 Identify any third-party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. Heil is continually innovating toward solving all sorts of hard problems that enable our customers to be more safe and efficient. One example of this is the way Odyssey controls help to conserve energy through smart hydraulic power management. By providing the right amount of power only when it is needed, energy is conserved. Specifically, utilizing a variable displacement pump combined with a load sensing hydraulic valve and proportional control system, operators get the finesse and power they need while fuel economy improves. Moreover, in our more conventional designs, complete disengagement of the hydraulic pump, via a hot shift pto, eliminates parasitic loss which also improves fuel efficiency. One of the more substantial efficiency improvements with the Odyssey comes from system productivity. The entire system efficiency plays a major role in fuel usage when viewed from the perspective of ‘cans-per- gallon’. The Odyssey design takes seconds off of packer and auto-lift cycles. Combine this with the inherent ergonomics and maneuverability of the Curotto Can and the unit finishes the route substantially faster than conventional RCVs. Of vital importance is the fact that when the key switch is off, there is 100% fuel savings. The culmination of these highly engineered features results in a product that has the potential to save hours a week in operational costs. All things being equal, if a route is completed in 9 hours verses 10; there is a 10% fuel savings. Energy conservation is of critical importance to all stakeholders in the RCV industry. Heil recognizes this and has responded with a highly engineered product that lives up to the Heil legacy. This has been accomplished through the designs, measurements and analysis reflected here, and is meant to help end users succeed in their social, financial and environmental goals. * 40 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. As an operating entity of a public company, Heil is not certified as a WMBE or SBE business entity. However, five of our dealers are certified as WMBE business entities: Heil of Texas, River City Hydraulics, Ingram Equipment, UTEC, and Fer-Marc Equipment. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 41 What unique attributes does your company, your products, or your services offer to Sourcewell Members? What makes your proposed solutions unique in your industry as it applies to Sourcewell members? • The ability to be a single source provider for equipment, parts and service under this contract • Offer a full range of RCV products - Front Loader, Automated Front Loader, Side Loader and Rear Loader. • Localized parts inventories at your Dealer Locations for all models • All RCV’s offered are manufactured in the US and comply with current ANSI and FMVSS requirements • 60 authorized US and Canada Dealer locations capable of providing complete Sales, Parts & Service • All Dealers routinely evaluated to ensure they are providing superior quality and service • Directly employ 8 technicians who provide factory and field support for all products offered, with access to over 650 engineering and manufacturing personnel • Own well over 200 patents • All warranty handled direct without pass through to an outside supplier or manufacturer • Preventative maintenance programs available • Complete service, operator, factory and field training available for authorized Dealers and customers across all product lines • Offer on-site alternative fuel system installation • On-site alternative fuel filling station • On the ground, completed and ready to go factory RCV inventory program with equipment available for immediate delivery • Rental program to fulfill equipment needs prior to completing a Sourcewell transaction • Factory and Dealer demos available for on route demonstrations • Utilize multiple software tools to collect data and analyze route information to offer best-product solutions and optimize Total Cost of Ownership for varying user conditions • Sales, parts and service marketing programs available to Dealers for all products * 42 Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada. Heil is uniquely capable and fully prepared to service Sourcewell Members in Canada and around the globe. We have 5 dealers in the Canadian Provinces with many representatives who are bilingual where applicable, as well as a widespread network of representation around the world in various countries, all of whom are managed by Heil Export Sales Team. Heil is also the preferred supplier of refuse collection bodies to many the largest waste management companies that currently serve the Canadian market as well as Canada’s largest rental fleet. * Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * 43 Do your warranties cover all products, parts, and labor? The initial 1-year standard warranty coverage includes parts and labor for 12 months or 2000 hours. In addition to the 1-year standard warranty, there are also various extended warranty packages that may be purchased depending on the needs of the individual member. * 44 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Heil® Certified OEM Parts are the most reliable replacement parts for Heil® refuse trucks. These parts are made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means they fit perfectly every time. Heil® uses only the highest-quality materials for parts that last, therefore, OEM parts must be used to continue warranty coverage. Heil does not assume any liability for warranty considerations due to any improper use, operation beyond rated equipment/component capacity, substitution of parts that are not Heil-approved, or any alteration or repair by others in such a manner that affects the product operation or integrity. * 45 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Although we do not cover the expense of travel time and mileage for warranty repairs, the Heil Warranty Request Order Form (referred to as the WRO Form) is used to request approval for policy adjustment of warranty coverage requesting unusual or non-standard repair(s) and exceptions such as these may be considered. * 46 Are there any geographic regions of the United States (and Canada, if applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair? Heil is fully prepared and uniquely capable of servicing ALL Sourcewell member geographic areas and market segments under this contract in the United States and Canada. The first level of service would be through the Authorized Heil Dealer network, and if required, the Field Service team within our Heil Technical Support Group. * 47 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Yes. Heil pays warrantable claims and then we work internally with our suppliers toward recovery where applicable. * 48 What are your proposed exchange and return programs and policies? OEM parts purchased from the Heil Dealer through Parts Central can sometimes be considered for return or exchange depending on certain criteria, such as being a current production part, and are evaluated on a case by case basis. Cylinders, when applicable, ship back to cylinder OEM for evaluation. Non-cylinder claims may require return to Heil and is determined through the warranty and repair process. * 49 Describe any service contract options for the items included in your proposal. Each dealer in our extensive network establishes the pricing for and manages service contracts on a localized basis for our customers based on their individual needs. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Payment Terms and Financing Options Line Item Question Response * 50 What are your payment terms (e.g., net 10, net 30)? Heil’s payment terms are Net 30. * 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Yes. Since March of 2017, Heil has been partnered with DLL Financial Solutions to offer value-added retail financing and leasing programs. With over 35 years of proven vendor finance experience, DLL provides flexible finance solutions to customers around the globe. They are a reliable name and fully support all Heil US and Canadian dealers. DLL does offer flexible tax- exempt equipment financing solutions as well as Tax-exempt Municipal Lease Purchase options for State and local governments, public school districts and public colleges and universities. In addition to this, Heil has a good working relationship with the team at National Cooperative Leasing and are very willing to work with them also. * 52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members’ purchase orders. All orders for Heil products will be handled by each Member’s local Heil Dealer, except for those sales territories where products are sold direct via our internal sales team. For those orders, the Member will work directly with the Heil Regional Manager for the territory who will handle the entire order process. From time to time the situation may arise where we can authorize another entity working in conjunction with our Heil dealer to offer the member a proposal using our contract. An example of this might be where a license is needed to sell a chassis in a certain location, but our Heil dealer is selling a turn key solution to the Sourcewell member. In this example, the purchase order might be issued to an entity not listed as a Heil dealer, but the Heil dealer is initiating the proposal to the Sourcewell member and providing the member with a simple, single purchase order solution. * The Heil website (www.heil.com) can be accessed 24 hours per day, seven days per week. The site offers an interactive listing of authorized Heil dealers Members can use to find their local Sourcewell dealer/representative, who they will call directly to answer questions or to place an order. The Heil representative responsible for the territory of a Sourcewell member will work directly with them to identify the member’s equipment needs. Once all equipment requirements have been determined, the representative will accept a PO directly from the Sourcewell member, complete all necessary paperwork, and place the member’s order with Heil. 53 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell Members for using this process? With all orders for Heil products being handled by the local Heil Dealer, payments are made directly to the respective dealer. Due to expense associated with fees related to a capital expense of this size, P-Card payments are not feasible. We believe this better serves the Sourcewell members in keeping costs lower. * Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response * 54 Describe your pricing model (e.g., line-item discounts or product- cat materials (if applicable) in the document upload section of your resp Heil maintains individual MSRP Price Lists for each of our equipment product offerings and would use a “Percentage Discount from Catalog” model for pricing our products under this contract. For the 12,000 plus available parts offered, the pricing is also a “Percentage Discount” model. We have included copies of our MSRP equipment (See Appendix D) and parts pricing (See Appendix E for Heil Parts Pricing, Appendix F for Bayne Parts Pricing and Appendix G for Curotto Can Parts Pricing). Within the MSRP Price Guide, the Sourcewell member will find each product offered at various body sizes along with multiple options available to the member to meet their specific requirement. Due to the many options that are offered on both body and chassis and the electronic interactions that occur between the two units, we feel it prudent to involve our Dealer Representatives that are trained to know what will work together and what will not. Once the member has met with and defined a body and chassis specification that they desire, the Heil Dealer will provide them a quote that would contain the itemized list of the body with options and a total price. If the member wanted to verify that the quote was compliant to the contract, they would be able to compare the two documents to ensure they are not paying more than the 4% off MSRP. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 55 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. If awarded a contract, we would offer Sourcewell Members a discount of 4% off MSRP for all products and services which would represent the ceiling price a member would pay to a Heil Dealer although the exception to this would be the chassis. See Appendix A for Chassis Specs and Pricing. Note, this discount does not apply to equipment rentals through those various entities. The rental pricing submitted has already taken this discount. * 56 Describe any quantity or volume discounts or rebate programs that you offer. Although Heil does not offer volume rebate programs, since our pricing is a ceiling- based approach for the Sourcewell member, a specific opportunity consisting of a high volume of units would certainly be reviewed. * 57 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. In general, we do not source goods outside of our published price guides, so we are able to use the benefit of the Heil Dealer network to handle these nonstandard options that are requested by the members. The Sourcewell member will specify what product or service that is not included in our published price guides and we then review those items to ensure they have provided a line item quote to the member for each request. Similarly, the situation may arise where the member has a chassis specification that our turnkey solutions do not completely satisfy. In these situations, we will request a copy of the chassis specification desired and compare it to our standard specifications. We would consider these differences to be nonstandard options and would make sure that the difference in price would not exceed 10% of the total value of a turnkey package solution. Also, these non-standard options could include fuel delivery systems. For example, the installation of a LNG (Liquid Natural Gas) engine could be quoted by the Heil dealer, and as a non-standard option, the pricing should not exceed the 10% of the turnkey package threshold per option. It is feasible that a combination of expensive options such as a LNG fuel system and body scales could exceed the 10% sourced good threshold combined, but not individually. * 58 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre-delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Total Cost of Acquisition costs are included in the pricing we have submitted with this Proposal. Freight or shipping charges would be identified by line item as such on the quotation to the member from the associated Heil dealer as well as any member requested additions. * 59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. Due to varying customer locations and shipping preferences, freight is an additional cost not included in the price guide submitted in Appendix D. Freight/delivery is included in the final pricing for every Sourcewell order. The current cost for Heil arranged shipping to the local Heil dealer, including Canada, is detailed in the “Heil Drive Away Price List” attachment submitted in Appendix H. * For destinations not falling within the continental United States, the units will be delivered to the port of exit via a Heil or customer arranged delivery service and shipped via barge or ocean-going vessel to the destination. 60 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Shipments to Member Agencies in Alaska and Hawaii would be handled by the local Heil Dealer who is well-versed in economically coordinating these types of shipments. Shipping requirements vary by type of product, product dimensions, and weight. For example, a refuse collection vehicle can be driven to the port of export, then shipped via container to its port of destination, and then driven to the local dealer who would perform the necessary inspections and facilitate delivery to the customer. For all product orders shipping to Alaska or Hawaii, all costs for shipping would be calculated and quoted to the customer at time of order. Shipments to our Canadian Heil Dealers are included in the Heil Drive Away Price list in Appendix H. Returns are treated the same for Hawaii and Alaska as for the other 48 states. * 61 Describe any unique distribution and/or delivery methods or options offered in your proposal. Heil’s Network comprising 34, well trained, entrepreneurial Dealers at 60 locations around the U.S. and Canada, set Heil apart in size, personnel, experience and customer focus. This network coupled with Heil’s product innovation pipeline and factory support makes the Heil brand, sales and customer service channels unique to the refuse collection vehicle market. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 62 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Option C best describes the pricing that is offered in our proposal. Heil does not hold any other cooperative purchasing contracts, nor do we have a GSA account. Our product offerings are sold through our Heil Dealer network to the individual Sourcewell members. This proposal sets a ceiling price and therefore allows the dealer to work individually with the member to get them the best price possible. Audit and Administrative Fee Line Item Question Response * 63 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Heil’s self-audit process for all Sourcewell transactions will begin as soon as an order is submitted. Orders will be reviewed immediately by multiple departments to ensure all necessary documents are submitted, and complete. Prior to submitting quarterly fees to Sourcewell, the final invoice to each Sourcewell member will be reviewed to make certain the Sourcewell fee amount is in alignment with the final invoice to the Sourcewell member. In addition to Heil’s Customer Care team retaining all documents submitted with the original order, Heil will retain a copy of the final customer invoice, other applicable documents and reports. * 64 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.) Heil proposes an administrative fee payable to Sourcewell of 1% of the purchase price on all products, including chassis. * Industry Specific Questions Line Item Question Response * 65 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. The internal metrics that we currently utilize to measure success are related to total units sold on the contract versus a goal. We set our goal each year based on our company annual operating plan, then we measure throughout the year to be sure we are staying on target or looking for ways to address areas where we are exceeding or missing our goal. We also track the number of units sold off the contract that are turnkey solutions versus non- turnkey solutions. * 66 If your proposal does not include the chassis as a turnkey solution, propose, in detail, the process you or your dealer will follow to assist the Sourcewell member to acquire the chassis. Heil does offer a full turnkey solution, but as noted in Question 57 regarding “sourced” products, the situation may arise where the member has a chassis specification that our turnkey solutions do not completely satisfy. In these situations, we will request a copy of the chassis specification desired and compare it to our standard specifications. We would consider these differences to be nonstandard options and would make sure that the difference in price would not exceed 10% of the total value of a turnkey package solution. Similarly, chassis OEMs generally make model changes in the middle of the year and some customers prefer the newer models. We would follow the same process of comparing the chassis specifications for the current year model versus the newest model and ensure that the difference in price would not exceed 10% of the total value of a turnkey package solution. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 67 Explain key designs or processes your company takes to provide and promote safe operation of your equipment. For many years, the Heil company has been an active participant in the development and maintenance of the ANSI Z245.1 – Mobile Equipment safety standard which governs our industry. The chairman of this committee is a Heil Director of Engineering, and ESG is a voting corporate member of the main ANSI council with many representatives across multiple ANSI standard subcommittees. All Heil designs are compliant with ANSI 245.1, and each design change is evaluated against this standard by way of our disciplined and documented engineering change process. However, ANSI is not the only standard with which Heil ensures compliance. The company is diligent to comply with all relevant standards that cover our products. This includes: FMVSS, SAE, ISO, and NFPA52 just to name a few. Safety is our first priority and is daily topic in our daily work and conversations, followed by quality and on-time delivery. Heil also has a long-standing and extensive training program to help our customers and their end-user customers understand the required safety and maintenance practices. This is supported by way of factory training, on-site training, and on-line video resources. Heil adheres to a high standard of business ethics and is a socially responsible company committed to the safe design, manufacture, operation and service of its innovative products. * 68 Explain how your equipment in this category reduces down-time for the purchasing entity. Front Loaders • Streetwise Hydraulics, the Heil® exclusive "clean front head," relocates the hydraulic body valve from the front head to under the side of the refuse body. This design reduces the influence of exhaust heat on the hydraulic components, as well as improving access to the valve bodies. This improves safety and reliability while reducing downtime. • The Cortex controller with Insight Display - the brain or our system - is a rugged mobile controller that delivers intelligence and precision. Utilizing a mobile controller and placing it in a protected location gives us the intelligence we need and the durability our customers demand. • The Heil® Half/Pack®front-load garbage truck with Odyssey™ hydraulic controls has interlocking cross-members and long-members that form a rock solid foundation for the body, delivering unmatched durability and longevity. This allows for more uptime, longer equipment life, and a higher resale value. A load-sensing piston pump controls hydraulic flow, intelligently delivering proper oil amounts as required. This increases efficiency, reduces fuel consumption, decreases hydraulic system temperatures, and contributes to low Total Cost of Ownership. • Equipped with an Insight Display, an in-cab display that provides real-time feedback, as well as optimal operator control. The operator can look to one place for all of the information needed on the body of the truck. Also, the Insight display offers maintenance personnel advanced troubleshooting features. This not only makes the operator more efficient but also reduces downtime and maintenance. • Heil® continues to set the standard for front loader refuse trucks with the evolution of innovative new features that enhance functionality. Our patented Shur-Lock™ tailgate locks, double- walled and lapped hopper sides, and an industry-leading interlaced ladder subfloor foundation mean that your Half/Pack® front loader is built for a long, reliable lifespan. • Zinc Plated tubes – The use of zinc plated tubes eliminates corrosion, therefore reducing hydraulic leaks and prevents the need to replace components over the life of the truck. This reduces maintenance and downtime costs. • Hydraulic Tube Covers – Protects the tubes and hoses on the arms from damage • Illuminated Push Button Controls – Fully sealed and potted, easy to read and understand push button controls for body and lighting functions reduce down time by increasing reliability Rear Loaders • The patented dual-track packing system is the heart of the PowerTrak® design. Other rear load garbage trucks move shoes or rollers along a single track during sweep and pack cycles. This requires the top cylinder to operate at a sharp angle of resistance, causing intense friction that robs power and speed and increases wear on shoes and tracks. The PowerTrak® Commercials' revolutionary dual-track system gives the top cylinder its own track, significantly reducing the angle of resistance. This reduces friction and increases cycle times because more pressure is exerted directly onto the load, giving you incredibly long life from the aluminum/bronze alloy slide shoes. • The DuraPack® 5000 features the Heil® DP body, the only fully welded, interlaced subframe in a refuse collection truck. With formed channels for extra strength, high tensile strength steel to maximize performance at a minimum weight, and full welding for superior resistance to corrosion and cracking, the DuraPack® 5000 is a sturdy rear loader with the stamina to absorb years of tough refuse hauling. In addition, the Cortex controllers with Insight Display – has been integrated into the electric system to reduce downtime. By utilizing this mobile controller and placing it in protected locations, the unit becomes more reliable and with more consistent interfaces with chassis electrical systems becomes easier to diagnose and keep on route. Side Loaders • The Python® side load arm features cushioned cylinders for action that’s smooth, saving wear and tear on the lift arm and the chassis. • The Heil® Operate-in-Gear-at-Idle System comes standard on the DuraPack® Python®. It is designed to reduce wear on the lift assembly, chassis, engine, and transmission. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 • The DuraPack® Rapid Rail® automated sideloader also features Cortex with Insight Display. The "brain" of our system is a rugged mobile controller that provides the intelligence and precise control of our unit demands. Utilizing a mobile controller and placing it in a protected location gives us the intelligence we need and the durability our customers require. This allows for less downtime and ease of service. • The Heil® Liberty™ Automated Sideloader integrates our time-tested Continuous Pack body with the patented technology of the Python arm. The Continuous Pack body has been a customer favorite for more than 35 years. Our patented paddle packer design continuously sweeps the hopper, so there’s no need to stop and pack the load. And, because there’s no packer panel to slide into the body, the need for shoes, guide tracks, guide rails, and internal body parts is eliminated Multi-Compartment Vehicles • The DuraPack 4060 split-body rear loader utilizes a 40/60 two-compartment split body. Also, the DuraPack® 4060 features independent hydraulic systems enabling the pressure to be adjusted for each compartment based on the type of waste being collected CNG Capabilities • CNrG™ offers a lower profile, enabling CNG-equipped front load and side load garbage trucks to make height-sensitive routes previously closed to them. And its smart design makes it road- ready from day one and reduces the need for maintenance and the associated costs. The fully integrated CNrG™ lifts as a regular tailgate and simplifies maintenance and fueling infrastructure. The CNrG™ tailgate structure received rigorous stress analysis and testing, simulating 15 years of operation. Organics • The PT 1000® can be equipped with optional features which include: an extended hopper sill, a hopper drain with shut-off valve, extended tailgate seal, body access door seal, an extended body front head plate, and sumps. The one-piece body sidewall is easier to wash and maintain, resists rust and corrosion, and is competitively priced for adding organics collection to your fleet. • RAPIDRAIL®. Heil is now adding an Automated Organics Collection Side Load garbage truck to our unit portfolio. Rapid Rail has been specifically designed to meet the needs of organic waste collection. The Rapid Rail is equipped to be the optimal Automated Side Loader to collect organics in both the Residential and Commercial Market. The liquid-tight tailgate seal, floor mounted sealed bearing packer design, and now with optional reduced packer sweep functionality of the packer paddle make the Rapid Rail the high lift capacity, low compaction automated solution for organics collection. Available only in a dumping model to ensure optimal payload removal of the “solid organics” with an optional 3" hopper drain valve that will allow for liquid removal at specified locations. Parts Central • Heil® Certified OEM Parts are the most reliable replacement parts for Heil® refuse trucks. These parts are made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means they fit perfectly every time. Heil® uses only the highest-quality materials for parts that last. Parts Central also offers the most requested aftermarket parts for Heil and other makes of garbage truck bodies. Our aftermarket parts are designed and manufactured to strict standards and are backed by more than 100 years of industry experience. High-volume parts that are frequently requested are available for immediate, same-day delivery through your local Authorized Heil® Dealer. Orders for in-stock parts placed with Parts Central before 5 p.m. ET will be shipped overnight. Bayne Thinline Premium Lift Systems • Bayne's actuated lifters for mobile refuse applications feature the patented Thinline® rack and pinion rotary actuator for superior lifting capacity and outstanding reliability. These lifters, also known as cart tippers, are specifically designed to improve the efficiency of your refuse collection operation and minimize your fleet downtime. Third Eye • 3rd Eye has developed the industry leading back up truck camera systems designed to withstand shock and vibrations up to 10G, repel water intrusion, salt and handle extreme temperatures. Dealer Network Advantage • Our Heil Dealer Network comprises 60 locations to service customers. In addition to these dealer technicians, Heil also has 8 Field Service Technicians that are also available to service members if the need requires it. Support for our customers is a priority and we make it as * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 easy as possible through our dealer locator on the Heil website, easy to access email for Heil Tech Support as well as the Heil Tech Support phone number. By utilizing the local Heil dealer network, we are able to have technicians in the vicinity to the member arrive on site quicker and further reduce the downtime. In the event that the asset must be brought into the dealership, the various locations throughout the country reduce the amount of miles that are needed to be towed to an authorized Heil dealer. 69 Describe how the equipment you propose simplifies the operation for end-users. One example is our patented Odyssey™ hydraulic control technology delivers waste industry- lea the links below of some of our customers explaining how our products simplify their operations: Environmental: viewable at https://vimeo.com/318776652 E.L Harvey: viewable at https://vimeo.com/292412920 JJ’s Waste and Recycling: viewable at https://vimeo.com/315331275 Another example is our DuraPack® Python® automated side loader. The DuraPack® Python® automated side load garbage truck combines two proven products in one high-performance package — the DuraPack® refuse body, which is famous for its toughness and productivity, and the patented Python® automated arm, which is faster, smoother, and longer lasting than any other. The DuraPack® Python® arm has an 8-second lift cycle. That can save you up to 4 seconds per stop – and up to 1 hour per day – delivering a fiscal savings of more than $15,000 per trash truck every year! You don’t have to wait for the hopper to catch up with a load, either, because the Python® follower panel enables continuous dumping. Twin packing cylinders deliver outstanding payloads, so you can collect more homes with fewer trips to the disposal site. The Python® side load arm features cushioned cylinders for action that’s smooth, saving wear and tear on the lift arm and the chassis. The Python® unique lift geometry also prevents spillage and enables the arm to return refuse carts with the lids closed every time. The Heil® Operate-in-Gear-at-Idle System comes standard on the DuraPack® Python®. It is designed to reduce wear on the lift assembly, chassis, engine, and transmission. Concerning our rearloading trucks, with over 20,000 built and nearly 30 years of reliability, the Heil® DuraPack® 5000 high-compaction rear load garbage truck has become the mainstay of refuse collection fleets. From small independent haulers to the world’s largest municipal fleet, you simply can't find a better rear load body. Engineered to last. The DuraPack® 5000 features the Heil® DP body, the only fully welded, interlaced subframe in a refuse collection truck. With formed channels for extra strength, high tensile strength steel to maximize performance at a minimum weight, and full welding for superior resistance to corrosion and cracking, the DuraPack® 5000 is a sturdy rear loader with the stamina to absorb years of tough refuse hauling. Now with the inclusion of the cortex controllers and insight display with integrated controls, the operator has more control and information at their fingertips. Heil’s new Semi-Autonomous optional control package allows for single button operation that will reduces operator inputs by 82% when dumping FEL containers. It also greatly reduces driver training time in some cases by 35% while increasing on route productivity of most drivers by up to 30%. * 70 Provide examples from your product offering that are unique in the industry. • The PowerTrak® Commercial PLUS high-compaction tag axle rear loader enables you to maximize productivity by carrying the largest legal refuse loads — up to 1,200 pounds per cubic yard! The Heil® patented design mounts the tag axle to the chassis frame rail, making it more structurally sound than refuse collection trucks with the tag axle integrated into the tailgate. • The MultiPack® is ideal for waste routes with “unlimited-at-the-curb” contracts. It’s also the perfect unit for those ugly “surprises” that unexpectedly end up next to a customer’s trash cart on collection day. Plus, while other garbage truck body manufacturers may offer multi-function trucks, only the Heil® MultiPack® is “totally functional” in both modes of operation because it can pick up a completely manual or automated route. • 3rd Eye Enhance Vehicle Behavioral Analytics (VBA™) encompasses the entire suite of camera, monitor, video, data, radar, and ELD solutions. This comprehensive package is offered ala carte to allow fleet owners to choose the systems that make sense for their current application with the built in upgrade path if and when it’s needed. 3rd Eye puts fleet owners in the driver’s seat with proven applications that help them to make better decisions to deliver the lowest total cost of ownership. 3rd Eye provides engineered body-system-sensor systems that provide real-time status and feedback for both chassis and body-related functions. Fleet owners know critical operational metrics, such as fuel consumption, operational temperatures and pressures – as well as when hydraulics are being utilized and the position of hydraulically operated body systems. This allows fleet owners to know when fuel is being used to move the vehicle vs. when the vehicle is using fuel to perform a body function [like compacting a load of garbage or lifting a man bucket]. Geo sensors allow fleet owners to know when assets are operating on road vs. off road. For the first time, fleet owners have the ability to request tax rebates for the Heavy Highway Use Tax, for fuel used during non-use fuel consumption. * • Heil’s new Semi-Autonomous optional control package allows for single button operation that will reduces operator inputs by 82% when dumping FEL containers. It also greatly reduces driver training time in some cases by 35% while increasing on route productivity of most drivers by up to 30%. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 71 If an hybrid/electric chassis option is not a part of your product offering, provide information on when a hybrid/electric option may be part of your offering. While Heil is not a chassis manufacturer, we have proven that we have product offerings that can be utilized on fully electric chassis. This year (2019), Mack Trucks unveiled its Mack® LR battery electric vehicle (BEV) at Waste Expo with a Heil DURAPACK® 5000 Rear Loader. Please click the link below for more information: https://www.macktrucks.com/mack-news/2019/mack-trucks-unveils-fully-electric-mack-lr--refuse- demonstration-model/ * 72 Describe any safety innovations on your equipment that are either exclusive or that you have introduced into the marketplace. • The Heil Co. (“Heil”) was founded in 1901 and has been an industry leader and design innovator for decades in the solid waste industry. Heil product designs comply with all safety standards and regulations applicable to our industry, and we actively innovated to improve the protection of our entire value chain, from suppliers to our customers, their customers, and the at- large population that is proximate to our machines every single day. Heil has the widest product line in the industry, including front loaders, side loaders, and rear loaders with a variety of sizes and configurations to match a multitude of on-the-street collection applications. As just one example, the Heil Odyssey Automated Front Loader allows operators to keep their eyes facing forward because the work is in front of them – in the same direction the truck is moving. This design includes features like smooth coordinated lift cycles, multiple patents like the gravity latch used to ensure the arm lift arm is secure during a dump cycle, and a combination of safety interlocks that prevent unsafe movement. Furthermore, Heil is leading the way into the future of automation by enhancing designs with smart sensors and features which relieve some of the in-cab motion stress that operators feel on a daily basis. It may be as simple as an ergonomic arm rest and multi-function joystick, or as complex as motion control design iterations that result in the lowest cab shake possible. Through a rigorous Voice of Customer program, Heil makes active outreach efforts to listens to its customers and innovates to continuously improve the safety and ergonomics of our equipment. * • The 3rd Eye family of Integrated Collision Avoidance Radar Systems offer cutting-edge solutions to protect both your drivers, your assets, and those in close proximity to your vehicle. 3rd Eye Vehicle Radar Systems assist drivers by notifying them of other vehicles as well as obstacles they may not see. Vehicles operating 3rd Eye radar systems routinely report fewer accidents and near misses and, combined with 3rd Eye camera systems – provide an added level of safety and protection that adds peace of mind – as well as providing documentary evidence to protect companies from false claims of property damage or injury. 3rd Eye collision avoidance radar systems utilize your existing 3rd Eye Mobile camera cables for easy installation. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Financial Strength and Stability - Appendix B - 2018 Dover Annual Report.pdf - Thursday September 05, 2019 10:23:51 Marketing Plan/Samples - Appendix - Marketing samples.zip - Friday September 06, 2019 14:21:37 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information (optional) Pricing - Appendix - Price lists.zip - Monday September 09, 2019 10:55:49 Additional Document - Chassis Specifications.zip - Friday September 06, 2019 14:24:44 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 ŵƌĞƉDĂŶƵĨĂĐƚƵƌŝŶŐ͕>>͘ ƵƌďƚĞŶĚĞƌ͕/ŶĐ͘,ŽůͲDĂĐŽƌƉŽƌĂƚŝŽŶ >ĂďƌŝĞŶǀŝƌŽƋƵŝƉ'ƌŽƵƉ DĐEĞŝůƵƐ&ŝŶĂŶĐŝĂů͕/ŶĐ͘ WĂƌͲ<ĂŶŽŵƉĂŶLJ͕>> ^ĐƌĂŶƚŽŶDĂŶƵĨĂĐƚƵƌŝŶŐŽ͘ /ŶĐ͘dŚĞ,ĞŝůŽ͘ hŶŝǀĞƌƐĂů,ĂŶĚůŝŶŐ ƋƵŝƉŵĞŶƚŽŵƉĂŶLJ>ƚĚ͘ WŽƐƐŝďůĞWŽŝŶƚƐ ŽŶĨŽƌŵĂŶĐĞƚŽdĞƌŵƐͬ ŽŶĚŝƚŝŽŶƐƚŽ/ŶĐůƵĚĞ ŽĐƵŵĞŶƚĂƚŝŽŶ ϱϬ ϰϰϰϱϰϮϰϰϰϰϰϮϰϱϰϯϯϰ WƌŝĐŝŶŐ ϰϬϬ ϮϴϭϯϰϲϯϯϴϯϰϵϯϰϱϯϮϲϯϰϵϯϰϮϮϱϬ &ŝŶĂŶĐŝĂů͕/ŶĚƵƐƚƌLJĂŶĚ DĂƌŬĞƚƉůĂĐĞ^ƵĐĐĞƐƐĞƐ ϳϱ ϲϯϲϮϱϵϲϯϲϲϱϲϲϳϲϱϰϳ ŝĚĚĞƌΖƐďŝůŝƚLJƚŽ^Ğůůͬ ^ĞƌǀŝĐĞŽŶƚƌĂĐƚEĂƚŝŽŶĂůůLJ ϭϬϬ ϳϰϴϮϳϴϴϱϴϭϲϳϴϵϴϵϱϯ ŝĚĚĞƌΖƐDĂƌŬĞƚŝŶŐWůĂŶ ϱϬ ϰϯϰϰϰϬϰϮϰϭϯϴϰϲϰϰϯϯ sĂůƵĞĚĚĞĚƚƚƌŝďƵƚĞƐ ϳϱ ϲϮϲϳϱϲϲϯϲϳϱϱϲϳϲϳϰϳ tĂƌƌĂŶƚLJŽǀĞƌĂŐĞƐĂŶĚ /ŶĨŽƌŵĂƚŝŽŶ ϱϬ ϰϱϰϲϰϰϰϯϰϯϰϮϰϰϰϯϰϮ ^ĞůĞĐƚŝŽŶĂŶĚsĂƌŝĞƚLJŽĨ WƌŽĚƵĐƚƐĂŶĚ^ĞƌǀŝĐĞƐKĨĨĞƌĞĚ ϮϬϬ ϭϱϯϭϴϱϭϰϰϭϳϴϭϳϴϭϮϭϭϴϮϭϴϱϭϮϱ dŽƚĂůWŽŝŶƚƐ ϭ͕ϬϬϬϳϲϱ ϴϳϳ ϴϬϭ ϴϲϳ ϴϲϱ ϳϰϳ ϴϴϵ ϴϳϴ ϲϯϭ ZĂŶŬKƌĚĞƌ ϳϯϲϰϱϴϭϮϵ <ŝŵƵƐƚŝŶ͕WW͕^ŽƵƌĐĞǁĞůů ^ƚĞƉŚĂŶŝĞ,ĂĂƚĂũĂ͕W/D͕^ŽƵƌĐĞǁĞůů ƌĂŶĚŽŶdŽǁŶ͕W^D͕W^͕^ŽƵƌĐĞǁĞůů ƌĂŝŐtĞƐƚ͕^ŽƵƌĐĞǁĞůů DŽďŝůĞZĞĨƵƐĞsĞŚŝĐůĞƐǁŝƚŚZĞůĂƚĞĚƋƵŝƉŵĞŶƚ͕ĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚ^ĞƌǀŝĐĞƐ WƌŽƉŽƐĂůǀĂůƵĂƚŝŽŶ Z&WηϬϵϭϮϭϵ DocuSign Envelope ID: 7AF3A319-EF7F-4B23-906F-0B5BC7B06239 Proposal Opening Record Date of opening: September 12, 2019 Sourcewell posted Request for Proposal #091219, for the procurement of Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services, on the Sourcewell Procurement Portal [proportal.sourcewell-mn.gov] on Thursday, July 11, 2019, and the solicitation remained in an open status within the portal until September 12, 2019, at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on September 12, 2019, the date and time specified in the Solicitation Schedule. The undersigned certify that all responses received on Request for Proposal #091219 were submitted through the Sourcewell Procurement Portal, and that each Proposer’s response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule. Responses were received from the following: Amrep Manufacturing, LLC. - received 9/12/19 at 10:36:39 AM Curbtender, Inc. - received 9/12/19 at 4:25:15 PM Hol-Mac Corporation - received 8/29/19 at 10:53:03 AM Labrie Enviroquip Group - received 9/10/19 at 2:40:37 PM McNeilus Financial, Inc. - received 9/12/19 at 3:41:33 PM Par-Kan Company, LLC - received 9/12/19 at 10:01:07 AM Scranton Manufacturing Co. Inc. - received 9/12/19 at 4:03:12 PM The Heil Co. - received 9/11/19 at 9:59:56 AM Universal Handling Equipment Company Ltd. - received 9/12/19 at 3:12:15 PM The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on September 12, 2019, at 4:32:00 PM CT. All responsive proposals were then submitted for review by the Sourcewell Evaluation Committee. _________________________________ ________________________________ Kim Austin, Procurement Lead Analyst Brandon Town, Procurement Analyst DocuSign Envelope ID: 2851C9BA-1654-40E5-8240-7B108262A428 Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 1 RFP #091219 REQUEST FOR PROPOSALS for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Proposal Due Date: September 12, 2019, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: July 11, 2019 Pre-proposal Conference: August 12, 2019, 10:00 a.m., Central Time Question Submission Deadline: September 5, 2019, 4:30 p.m., Central Time Proposal Due Date: September 12, 2019 4:30 p.m., Central Time Late responses will not be considered. Opening: September 12, 2019, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 2 I. ABOUT SOURCEWELL AND MEMBERS A. SOURCEWELL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ members across the United States and Canada. Sourcewell’s solicitation process complies with Minnesota law and policies, and results in cooperative contracting solutions from which Sourcewell’s members procure equipment, products, and services. Cooperative contracting provides members and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. MEMBERS AND USE OF RESULTING CONTRACTS Membership in Sourcewell is open to government and non-profit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. Access to contracted equipment, products, or services by Members is typically through a purchase order issued directly to the applicable vendor. A Member may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Members retain the right to obtain similar equipment, products, or services from other sources. To meet Members’ needs, public notice of this RFP has been broadly published, including notification to each state-level procurement departments for possible re-posting. As required by certain states, an Appendix of Members is included in this RFP and can be found in the Sourcewell Procurement Portal. Affidavits of Publication will be available at the conclusion of the solicitation process. For Canadian entities: This RFP is intended to include municipalities and publicly-funded academic institutions, school boards, health authorities, and social services (MASH sectors); including members of the Rural Municipalities of Alberta (RMA), and their represented Associations: Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), and Association of Manitoba Municipalities (AMM). Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 3 II. EQUIPMENT, PRODUCTS, AND SERVICES A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that Proposers offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services, including, but not to be limited to: a. Front-load, side-load, rear-load, and multi-compartment refuse vehicles, including hybrid or electric powered vehicles. Proposer may elect to offer a product-only solution, a turn-key solution, or an alternative solution. Generally, a turn-key solution is most desirable to Sourcewell and its Members, however, it is not mandatory or required. 2. The primary focus of this solicitation is on mobile refuse collection vehicles. Proposers may offer related equipment, accessories and services to the extent that they are complementary to mobile refuse collection vehicles: a. Technological, logistical or mechanical accessories primarily intended and designed to increase operator or vehicle safety and efficiency; b. Preventative maintenance, maintenance, and repair services. 3. This solicitation should NOT be construed to include: a. Chassis-only solutions; b. Technology-only solutions; c. Body or upfitting solutions for low speed vehicles; and d. Refuse collection services. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: 1. Solid Waste and Recycling Collection and Transport Equipment with Related Equipment, Supplies, and Accessories (Sourcewell RFP #041217) Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 4 2. Grounds Maintenance Equipment, Attachments, Accessories, and Related Services (Sourcewell RFP #062117) 3. Low Speed Vehicles, Medium Speed Vehicles, and Utility Vehicles, with Related Equipment, Accessories, and Supplies (Sourcewell RFP #051717) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Sourcewell Members are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Sourcewell Members possess the ability, either in-house or through local third-party contractors, to properly install and bring to operation those equipment/products being proposed. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Members and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Sourcewell Members under a resulting contract. Sourcewell desires the broadest possible selection of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and potential Members. C. REQUIREMENTS It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Members. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Member as operational. Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 5 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. An extension may be offered based on the best interests of Sourcewell and its members. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $90 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Members. The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Members, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to Proposers able to best meet the need of Members. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal. Sourcewell cannot consider information that is not provided in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Members. Awards may be based on a subcategory. 4. A Proposer’s documented negative past performance with Sourcewell or its Members occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 6 II. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Member). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S., and Canadian dollars for Proposers intending to sell in Canada (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Member’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Members for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 7 III. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell. Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in a proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit an Exceptions to Terms, Conditions, or Specifications Form, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s response. IV. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that requested a copy of this RFP through the Sourcewell Procurement Portal. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 8 potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the time for solicitation closing. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) Ensure the re-submitted proposal is RECEIVED through the Sourcewell Procurement Portal no later than the closing time and date shown in the Solicitation Schedule. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Only complete proposals that are timely submitted through the Sourcewell Procurement Portal will be considered. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time. All proposals must be received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time noted in the Solicitation Schedule above. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The closing time and date is determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 9 Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. All proposals must be acknowledged digitally by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for ninety (90) days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. G. OPENING The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. V. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 10 and price that meet the commonly requested specifications of Sourcewell and its Members. The award(s) will be limited to the number of offerors that Sourcewell determines is necessary to meet the needs of Sourcewell members. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Members’ use. o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Members’ anticipated needs. • Total evaluation scores. • The attributes of Proposers, and their equipment, products, or services, to assist Members achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product. B. AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than ten (10) calendar days’ Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 11 following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; and • Protest bond in the amount of $20,000. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Discuss any aspect of the proposal with any Proposer and negotiate with more than one Proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Members; and • Award a contract to one or more Proposers if it is in the best interest of Members. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell determines that negotiations are complete upon execution of the resulting contract. If the Proposer submits information in response to this RFP that it believes to Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 12 be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.37, the Proposer must: • Clearly mark all trade secret materials in its proposal at the time the proposal is submitted; • Include a statement with its proposal justifying the trade secret designation for each item; and • Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless Sourcewell, its agents and employees, from any judgments or damages awarded against Sourcewell in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives Sourcewell’s award of a contract. In submitting a proposal to this RFP, the Proposer agrees that this indemnification survives as long as the trade secret materials are in possession of Sourcewell. Sourcewell will not consider the prices submitted by the Proposer to be proprietary or trade secret materials. Financial information provided by a Proposer is not considered trade secret under the statutory definition. 8/9/2019 Addendum No. 1 Solicitation Number: RFP 091219 Solicitation Name: Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is it possible to include video hyperlinks, image files, or customer testimonial documentation when responding in the Portal? Answer 1: All relevant information should be included in the proposal (RFP Section II., G.). It is left to the discretion of each proposer to determine the method it deems best suited to submit its relevant information in a timely fashion through the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 091219 distributed via email and posted to the Sourcewell Procurement Portal on 8/9/2019, is required at the time of proposal submittal. 8/16/2019 Addendum No. 2 Solicitation Number: RFP 091219 Solicitation Name: Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In what format will the proposal be reviewed by the committee? Will it be a printed out of the Sourcewell Procurement Portal or will it be reviewed online? Answer 1: All proposals must be submitted through the Sourcewell Procurement Portal. The evaluation committee has access to each proposal in a variety of formats through the Portal, any or all of which may be utilized in the discretion of the evaluation committee and its members. End of Addendum Acknowledgement of this Addendum to RFP 091219 distributed via email and posted to the Sourcewell Procurement Portal on 8/16/2019, is required at the time of proposal submittal. 8/19/2019 Addendum No. 3 Solicitation Number: RFP 091219 Solicitation Name: Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Will technical specifications regarding cab-chassis and body requirements be made available? Answer 1: Please refer to Section II, A. Solutions-Based Solicitations, within the RFP, for guidance related to the equipment, products and services requested. End of Addendum Acknowledgement of this Addendum to RFP 091219 distributed via email and posted to the Sourcewell Procurement Portal on 8/19/2019, is required at the time of proposal submittal. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-451,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:BRIAN CETTI, Capital Development Specialist Department of Transportation SUBJECT Approve and ratify a Contract between the City of Fresno and PG&E to authorize the Department of Transportation Fresno Area Express to participate in the Electric Vehicle Fleet Electrification Program providing primary power infrastructure for battery electric bus charging at no cost and authorize the Director of Transportation or designee to execute all related documents RECOMMENDATION Staff recommends Council approve and ratify a Contract between the City of Fresno and PG&E to authorize the Department of Transportation Fresno Area Express (FAX) to participate in the Electric Vehicle (EV) Fleet Electrification Program providing primary power infrastructure for battery electric bus charging at no cost and authorize the Director of Transportation or designee to execute all related documents. EXECUTIVE SUMMARY The Department of Transportation (FAX) seeks to approve and ratify the PG&E EV Fleet Electrification Program contract. This program will provide FAX, at no cost, with a three megawatt utility owned primary electrical service to support battery electric bus charging and FAX’s Zero Emission Transition Plan and rebate incentives for battery electric bus and charger purchases. This contract will have long-term benefits versus FAX pursuing the same work internally without PG&E’s participation. FAX is required to transition to zero emission vehicles by 2040 as detailed in a plan approved by Council on June 18, 2020. BACKGROUND The California Air Resource Board issued the Innovative Clean Transit (ICT) regulation, effective October 1, 2019, requiring all transit agencies to gradually transition all bus and paratransit vehicles to a 100 percent zero-emission fleet by 2040. This regulation applies to all transit agencies that own, City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-451,Version:1 to a 100 percent zero-emission fleet by 2040. This regulation applies to all transit agencies that own, operate, or lease buses with a gross vehicle weight rating greater than 14,000 pounds. FAX’s 116 compressed natural gas (CNG) buses and a mix of 51 unleaded and CNG paratransit vehicles are applicable to this regulation. As the fleet transitions to zero-emission, FAX plans to utilize a mixture of BEBs and fuel cell electric buses (FCEB) to meet service requirements. The fully transitioned fleet composition will be 67 fixed- route BEBs, 56 fixed-route FCEB, and 51 paratransit BEBs to maximum fleet performance while minimizing rolling stock and infrastructure capital expenditures. By the year 2023, 25 percent of all new bus purchases must be zero-emission technologies. This requirement increases to 50 percent in 2026, and 100 percent in 2029. Council approved FAX’s ICT plan on June 18, 2020. The California Public Utilities Commission (CPUC) is directed through SB 350 to address greenhouse gas emission reduction goals in parallel with ICT regulation. The EV Fleet Electrification Program approved by CPUC is a product of SB350 and provides transit agencies with mechanism to upgrade utility infrastructure at no cost to the agency. This capital program is funded by PG&E through rate payer funds. The City entered into a contract with PG&E for EV Fleet Electrification Program on January 27, 2020. The contract was approved by the City Manager’s Office but was not presented to City Council. Staff now seeks to have the contract approved and ratified by City Council. The contract requires FAX to purchase 14 battery electric buses by 2024 and in return PG&E will provide “make ready” utility infrastructure and rebate incentives for battery electric bus and charger purchases. This program will provide FAX incentive rebates in the total of $126,000 for 14 battery electric bus purchases and a total of $350,000 for 14 charger purchases. Moreover, this program allows FAX to plan for battery electric bus charging needs over a 10-year period. PG&E will supply three megawatts of utility power for the simultaneous charging of 23 battery electric buses. This will allow FAX to expand the number of electric buses charged overnight to approximately 46 with additional small capital investments. FAX is on schedule with the Zero Emission Transition Plan and this contract is a major component of its success. In December 2020, Council approved a multiyear requirements contract with Proterra, Inc. for the purchase of battery electric buses. By end of FY21, seven buses will be purchased through this contract. In March 2021, FAX received its first two battery electric buses from an order placed in 2018. The attorney has approved the contract to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of this contract does not qualify as a project as defined by CEQA. LOCAL PREFERENCE Local preference was not considered as this is a capital program offered by PG&E and not subject to a competitive procurement process. FISCAL IMPACT City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-451,Version:1 No general fund dollars will be utilized to fund this action. This contract is funded through PG&E rate payers approved by the California Public Utility Commission for use in the EV Fleet Electrification Program. Attachment: PG&E EV Fleet Electrification Program Contract City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-409,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:TJ Miller, Director Parks, After School, Recreation and Community Services Department BY:MAGGIE NAVARRO, Division Manager Parks, After School, Recreation and Community Services Department - Office of Neighborhood Safety & Community Engagement SUBJECT Authorize the Parks, After School, Recreation and Community Services Department to enter into lease agreement with Fresno Economic Opportunities Commission for the Office of Neighborhood Safety and Community Engagement office space in the amount of $51,456 for a one-year term, with the option to extend the lease for an additional two-year term (Council District 3). RECOMMENDATION Staff recommends City Council approve a one-year lease agreement with the option to extend for an additional two-year term with Fresno Economic Opportunities Commission (FEOC) and authorize the Parks, After School, Recreation and Community Services (PARCS) Director to execute the lease agreement. EXECUTIVE SUMMARY The City of Fresno (City) Office of Neighborhood Safety & Community Engagement (ONSCE), formerly known as the Mayor’s Gang Prevention Initiative, has been under the umbrella of the Fresno Police Department since 2006. On June 25, 2020, City Council motioned to move ONSCE from the Fresno Police Department to the PARCS Department. As a result of this City Council motion, office space is needed to house the division. The proposed lease agreement is for office space at the FEOC where there are also public housing programs, youth serving agencies, and existing City subcontractors. The term period of the lease is from April 1, 2021, to March 31, 2022, with the option to extend the lease for an additional two-year term by giving advance, written notice. BACKGROUND The goal of ONSCE, formerly known as the Mayor’s Gang Prevention Initiative, is to respond to the fluctuating needs of the community by providing high-quality engagement and service to the diverse population of Fresno. This is accomplished by increasing collaborative efforts to minimize violence in the community, providing support for Fresno youth and families through partnerships, and offering community services referrals. ONSCE has secured and managed over eight million dollars in violence reduction grant awards supporting the Tattoo Removal Program and Hispanic Residents Academy. Per the June 25, 2020, City Council motion, ONSCE and its respective staff are transitioning from the Fresno Police Department to the PARCS Department. As a result of this transition, a new division was created, and office space is City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-409,Version:1 needed to house the current and future staff. A search and assessment of available City owned, and non-city owned office space was conducted and resulted to be limited and or non-accommodating. The City owned property search including visits and assessments of the office space at 4170 North Brix Building, Len Ross Center located at 1604 South Teilman Avenue, as well as a review of space at existing PARCS community centers. Additionally, space was considered at the Manchester Center, the previously occupied AAA building at 5040 N Forkner Ave, and the former grocery store located next to the Northwest Police Department Substation at 3170 W Shaw. The office space, parking accommodations, and potential lease or purchase options at the various sites were not conducive to the needs of ONSCE; however, office space at the FEOC has been identified as a suitable option. The FEOC office space is located in the downtown vicinity at 1900 Mariposa Mall Suite #121. The office space is large enough to house current staff and future anticipated staff. The ONSCE staff will be required to assist in the execution and management of state, federal and general fund grants which include subcontractors such as FEOC’s Tattoo Removal Program, Central Valley Human Trafficking Coalition, Advance Peace Fresno, and Youth Leadership Initiative Programs. Complementing the ONSCE office space also includes a Conference Room which will host bimonthly Advisory Board and Service Provider meetings, Gang Street Outreach Coalition meetings and future community trainings. The conference room is also a potential space for the required Measure P Board meetings. The location is ideal due to the close vicinity of existing and future youth serving community partners. The FEOC office space measures 2,503 square feet, at a monthly rate of $1.10 per square foot, with a 2% annual lease increase, plus a percentage of operational costs including utilities, security, janitorial, building maintenance, and pest control based on the square footage of the leased premises. The monthly rate equates to $2,753 per month and the operational costs equals $1,535 per month, for a total of $4,288 per month. The term period of the lease is from April 1, 2021, to March 31, 2022, with the option to extend the lease for an additional two-year term by giving advance, written notice. For comparison, as an alternative lease option, the Manchester Center office space measured 2,165 square feet at $2.00 per square feet, with a 3% annual increase, and no inclusion of operational costs. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local Preference is not applicable to this item because this does not include an award of a construction or consultant contract. FISCAL IMPACT General funds are required for office space lease, office operating cost including corresponding percentage of utilities, security, janitorial, building maintenance, and pest control based on square footage of the leased premises. The general fund impact will occur until such time the anticipated Measure P are approved and appropriated. Attachments: ONSCE Lease Agreement Exhibit B Office Floor Plan City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ Exhibit B – Office Floor Plan City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-434,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:JEFF CARDELL, Director Personnel Services Department SUBJECT Actions pertaining to amending Sections 3-330, 3-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3- 424e, 3-547, 3-550, 3-552 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. 1. ***BILL No. B-10 - (Intro 3/18/2021) (For adoption) Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the First Tier of the Fire and Police Retirement System. (Subject to Mayor’s veto) 2. ***BILL No. B-11 - (Intro 3/18/2021) (For adoption) Amending Sections 3-547, 3-550, 3-552, and 3-556(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Employees Retirement System. (Subject to Mayor’s veto) 3. ***BILL No. B-12 - (Intro 3/18/2021) (For adoption) Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Second Tier of the Fire and Policy Retirement System. (Subject to Mayor’s veto) RECOMMENDATION It is recommended that the City introduce Fresno Municipal Code amendments to codify the extension of favorable tax treatment of retirement benefits to eligible survivor(s) of a deceased member to conform to the Internal Revenue Code (IRC). EXECUTIVE SUMMARY Eligible survivors of deceased members receive a continued retirement benefit. Pursuant to the IRC, when the retirement benefit includes tax favored status, that same tax favored status is provided to the survivor. Amending the Fresno Municipal Code codifies the practice of the Retirement Boards and ensures the operative provisions of the retirement plans are compliant and consistent with the IRC. City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-434,Version:1 BACKGROUND Consistent with the advice of Tax and General Counsel, the Retirement Boards have approved and recommend to the City Council, revisions to the Retirement provisions in the Fresno Municipal Code to codify the extension of favorable tax treatment of retirement benefits to eligible survivor(s) of a deceased member to ensure compliance with the IRC. This update of the Fresno Municipal Code does not confer a new benefit. This update assures that the governing document for the plans is compliant with the tax code. ENVIRONMENTAL FINDINGS This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108) does not apply and this is not a purchase of services, materials, supplies or equipment, or a competitive bidding solicitation. FISCAL IMPACT There is no impact associated with the ultimate adoption of the amendments to the Fresno Municipal Code as the amendments expressly state the how favorable tax treatment of retirement benefits is provided to eligible survivors. Attachments: Ordinance Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the FMC Ordinance Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the FMC Ordinance Amending Sections 3-547, 3-550, 3-552, and 3-566(e) of the FMC City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ Page 9 of 13 partner only if the domestic partner had established a domestic partnership with the member prior to the date of the member's death. [(g) If the Board determines that a member's death was service- connected, the amount of the survivor benefit paid under this Section which equals one-third of the member’s final compensation, shall be in the nature of workmen's compensation and shall be nontaxable to the extent allowed by Section 104(a)(1) of the Internal Revenue Code. However, if any benefits paid under this Section are paid as a survivor annuity to the surviving spouse (or former spouse) or child(ren) of a member who qualifies as a public safety officer within the meaning of Section 101(h) of the Internal Revenue Code, and such member was killed in the line of duty, then the monthly death allowance shall be nontaxable to the extent allowed by Section 101(h) of the Internal Revenue Code.] SECTION 4. Section 3-566 of the Fresno Municipal Code at subsections (e)(3) and (e)(4) is amended by adding the following: (e) Additional DROP Provisions. (1) The effective date of DROP participation for a member shall be the first of the month following the date the Board approves the member's fully completed DROP application. (2) For a member whose effective date in DROP is prior to the effective date of Ordinance No. 2011-2 and notwithstanding Page 10 of 13 Section 3-523 (Normal Contributions of Members) and Section 3-553(e) (Cost of Living Adjustment), the member shall cease making contributions to the System. For a member whose effective date of participation in DROP is on or after the effective date of Ordinance No 2011 -2, the member shall continue to make contributions which shall be deposited into the member's DROP account. (3) If a member becomes disabled while participating in DROP, the member shall be eligible to apply for disability retirement and shall be subject to the same disability eligibility requirements [under Section 3-546] as if the member were not in DROP. Notwithstanding Section 3-547 (Allowance at Disability Retirement), if the Board grants the application, whether for [a service-connected or non service-connected] an industrial or non-industrial disability, the amount of the disability retirement allowance shall be the same as the amount then being credited monthly to the member's DROP account. [However, if the Board determines that the disability is service-connected, the amount of the aggregate disability retirement allowance which equals (or is less than) one-third of the member’s final compensation shall be in the nature of workmen's compensation and shall be nontaxable to the Page 11 of 13 extent allowed by Section 104(a)(1) of the Internal Revenue Code.] (4) If a member dies due to non service-connected causes while participating in DROP, the member shall be deemed to have died after retirement. [(5)] If a member dies on or after June 1, 2008 while participating in DROP and the Board determines that the causes are service-connected, the member shall be deemed to have suffered a service-connected death, with the survivorship benefit to be comprised solely of [one-half] the monthly amount currently being credited into the member's DROP account, adjusted for any optional modification elected by the member, and the balance in the DROP account paid pursuant to Sections 3-566(f) and 3-566(g)(2). [If the Board determines that the member's death was service-connected, the amount of the survivorship benefit which equals (or is less than) one-third of the member's final compensation shall be in the nature of workmen's compensation and shall be nontaxable to the extent allowed by Section 104(a)(1) of the Internal Revenue Code.] (65) If a member marries while participating in DROP, the marriage shall be deemed to have occurred prior to the City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-478,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:THOMAS MORGAN, Housing Manager Housing and Community Development Division KAREN JENKS, Administrative Manager Housing and Community Development Division BY:EDWARD CHINEVERE, Senior Management Analyst Housing and Community Development Division SUBJECT ***RESOLUTION - Repealing Resolution Number 2020-196 and adopting and authorizing submission of a five-year plan to the California Housing and Community Development Department and application for funding from the Permanent Local Housing Allocation (PLHA) for the development of affordable multifamily and single family housing, owner occupied home rehabilitation, and down payment assistance to benefit low-and moderate-income persons and authorizing the city manager to sign all necessary implementing documents (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council adopt the revised resolution for PLHA funding to replace references to prior City Manager and authorize the City Manager position to sign all necessary implementing documents as approved to form by the City Attorney. EXECUTIVE SUMMARY The City Council adopted a resolution to allow the City Manager to enter into a Standard Agreement with the State of California to accept funding through the State of California Department of Housing and Community Development’s (Cal HCD) PLHA program on August 20, 2020. Cal HCD is now ready to provide the Standard Agreement, however, has requested the resolution be revised to remove specific references to the prior City Manager. BACKGROUND Cal HCD administers the PLHA funds to Local Entitlement Governments, including the City of Fresno City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-478,Version:1 Cal HCD administers the PLHA funds to Local Entitlement Governments, including the City of Fresno (City). The City’s first-year allocation is $3,407,603. In order to receive the funds, the City must enter into a Standard Agreement. On August 20, 2020, the City Council adopted Resolution 2020-196 on the prescribed template from Cal HCD, which required the name of the official authorized to enter into the agreement. Upon requesting the Standard Agreement, Cal HCD informed City staff that the resolution needed to be revised to remove references to the prior City Manager in order to authorize the current City Manager to execute the agreement. ENVIRONMENTAL FINDINGS This is not a project for purposes of CEQA pursuant to CEQA guidelines Section 15378. Furthermore, plans, strategies and studies are an exempt activity under HUD NEPA Requirements (24 CFR 58.34 (1)). LOCAL PREFERENCE Local preference is not applicable because of state funding. FISCAL IMPACT Adoption of the Resolution will allow the City to receive grant funds of $3,407,603 for eligible housing activities. Attachments:Revised Resolution Resolution 2020-196 Adopted August 20, 2020 City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-474,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:PACO BALDERRAMA, Chief of Police Police Department BY:PHILLIP COOLEY, Police Deputy Chief Police Department SUBJECT Actions pertaining to the Fresno Police Department Regional Training Center (RTC) 1. Award a sole source contract for the purchase of Winchester Law Enforcement ammunition to Dooley Enterprises not to exceed $282,400 2. RESOLUTION - Adopt Resolution authorizing the Chief of Police or designee to enter into a purchase agreement with Dooley Enterprises without advertised competitive bidding RECOMMENDATION Staff recommends that Council authorize the Chief of Police or his designee to enter into and execute a sole source purchase agreement with Dooley Enterprises for law enforcement ammunition purchases. The funding for this purchase is currently budgeted in the Police Department’s FY 2021 General Fund Budget. EXECUTIVE SUMMARY Dooley Enterprise is Law Enforcement ammunition distributor for the Western Region. They supply large bulk ammunition to law enforcement agencies. Dooley Enterprises offers Law Enforcement ammunition at a discounted rate, free shipping, and product availability to law enforcement agencies when making bulk purchases which common retail stores are not able to do. Furthermore, because of the marketing structure of Winchester, this ammunition is only available to the City of Fresno from Dooley Enterprises which is located in Anaheim, Ca. Dealers for Law Enforcement grade ammunition in other areas are not allowed to sell to Fresno because it is in a territory served by Dooley Enterprise. BACKGROUND The Fresno Police Department has used Winchester Law Enforcement ammunition for over 25 years. Ballistic comparisons have always shown that Winchester ammunition is both reliable and offers City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-474,Version:1 Ballistic comparisons have always shown that Winchester ammunition is both reliable and offers superior performance. The ammunition is of higher quality than that of normal production ammunition. Dooley Enterprise is the authorized Western Region distributor which covers the Fresno geographical area and has supplied Fresno Police Department for over 30 years. During times overseas conflict, manufactures will redirect their supplies to the military leaving only a limited supply to law enforcement and civilian market. Dooley Enterprises has always fulfilled our product requests during these national shortages. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of the California Environmental Quality Act (CEQA). LOCAL PREFERENCE This contract would be awarded as a sole source, meaning local preference would not apply since there is a single provider of the specified equipment. FISCAL IMPACT The cost to purchase law enforcement ammunition for training and duty use will be a fiscal impact to the FY 2021 General Fund budget in an amount not to exceed $282,400. Attachment: Sole Source memo Resolution City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ City of FRESN,�� Police Department MEMORANDUM DATE: TO: FROM: March 25, 2021 THOMAS C. ESQUEDA, City Manager Office of the City Manager PACO BALDERAMA, Chief of Police Office of the Chief SUBJECT: Sole Source Ammunition Purchase-$282,400 The Fresno Police Department currently has a working budget of $284,000 for ammunition supply purchases. This budget allows for the purchase of both training and duty ammunition of all police service firearms which include pistol, rifle, shotgun, specialty ammunition, less lethal munitions, specialty batteries, targets, repairs, and gun cleaning supplies. The ammunition is necessary for essential police training, quarterly and trimester trainings and qualifications, perishable skills trainings, Glock Transition Training, and duty use. For over 30 years, the Fresno Police Department has used Winchester Law Enforcement ammunition. Testing and ongoing evaluation by the Department has shown that Winchester Law Enforcement ammunition has proven superior to other brands and is considered a matter of "officer safety" in which only Winchester Law Enforcement ammunition be used by the Department for both practice and duty ammunition. Winchester has established a marketing structure for sales of Law Enforcement bulk ammunition. Sales are broken into regions and because of our geographical location (Western Region), we are serviced by Dooley Enterprises, located in Anaheim, Ca. Other dealers for Winchester Law Enforcement ammunition are not allowed to sell to the Fresno area because it is within the territory served by Dooley Enterprises. The Fresno Police Department continually monitors ammunition, budget, and purchases based upon both usage and projections of scheduled training. Currently, there is some uncertainty within the ammunition distributors who are dealing with supply and demand. Due to unforeseen delays caused by a national shortage, the Fresno Police Department must be strategic when ordering to minimize the potential of running out. Because of the marketing structure, I am requesting Council approval to sole source with Dooley Enterprise for bulk ammunition purchases as they are the only Law Enforcement Memorandum - Sole Source Ammunition Purchase March 25, 2021 Page 2 of 2 bulk ammunition supplier that can supply the Fresno Police Department Winchester Law Enforcement ammunition. )( Approve Request De Attachment(s) Sole Source Memo Report to the City Council RESOLUTION NO. ----- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AUTHORIZING A PURCHASE AGREEMENT WITH DOOLEY ENTERPRISES FOR THE PURCHASE OF LAW ENFORCEMENT AMMUNITION WITHOUT ADVERTISED COMPETITIVE BIDDING. WHEREAS, The Fresno Police Department budget allows $282,400.00 for the purchase of both training and duty ammunition for all police service firearms; and WHEREAS, the ammunition is necessary for essential police training and duty use; and WHEREAS, for over 30 years, the Fresno Police Department has used Winchester Law Enforcement ammunition; and WHEREAS, testing and ongoing evaluation by the Department has shown that Winchester Law Enforcement ammunition has proven superior to other brands and is considered a matter of "officer safety"; and WHEREAS, Winchester has established a marketing structure for sales of Law Enforcement bulk ammunition wherein sales are broken into regions; and WHEREAS, due to the Winchester marketing structure, Dooley Enterprises is the sole dealer that can provide for a bulk purchase of Winchester Law Enforcement ammunition; and WHEREAS, the Fresno Police Department desires to bulk purchase Winchester Law Enforcement ammunition to minimize the potential of running out; and WHEREAS, the Purchasing Manager represents that the unique characteristics of the desired Law Enforcement ammunition is solely supplied by Dooley Enterprises .. 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: � Resolution No. ---- 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: The Council has received and considered the report and recommendations of City staff. 1. After testing and ongoing evaluation by the Department, Winchester Law Enforcement ammunition has proven to be superior to other brands and it’s use as practice and duty ammunition is considered a matter of “officer safety” 2. The Council finds it proper for the City to dispense from competitive bidding requirements, and the Fresno Chief of Police is authorized to enter into an bulk purchase agreement for Winchester Law Enforcement ammunition with Dooley Enterprises, for an amount not to exceed $282,400.00. 3. This resolution shall be effective upon final approval. 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney Attachment: City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-480,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:PACO BALDERRAMA, Chief of Police Police Department BY:LARRY BOWLAN, Police Lieutenant Investigations Division SUBJECT Approve a two-year MOU between the Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Fresno Police Department to have six (6) part-time Task Force Officers (TFO) assigned to the ATF for an annual allotted federal overtime amount of $19,180.25 for each TFO position, or a total of $115,081.50 annually. RECOMMENDATION Staff recommends that City Council approve a two-year MOU with the Alcohol, Tobacco, Firearms, and Explosives (ATF) for six (6) parttime Task Force Officers (TFO) and allow the Chief of Police to pay the upfront overtime cost for the six (6) ATF - Task Force Officer positions in the maximum amount of $115,081.50 annually. These overtime costs will be reimbursed to the police department annually by the ATF. This agreement (MOU) between the ATF and Fresno Police Department also authorizes the Chief of Police to execute all agreements, modifications, and extensions on behalf of the City. EXECUTIVE SUMMARY The Agreement (MOU) between the Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Fresno Police Department is to have six (6) parttime Task Force Officers (TFO) assigned to the ATF. The only upfront costs for these positions are the annual federal overtime allotted to each Task Force Officer (TFO) in the amount of $19,180.25 per position. The police department would cover these costs through their annual department Patrol Support Fund budget. The ATF, like all federal agencies that have TFO positions from local municipalities on their task forces, will reimburse the police department annually for the overtime costs the department endures while the parttime TFO’s are working ATF related investigations. BACKGROUND City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-480,Version:1 This Agreement will allow the department to pay the overtime of the Task Force Officer (TFO) positions through the police department’s Patrol Support Fund budget. There are sufficient appropriations in FY21 for this Agreement and the costs have also been budgeted in the FY22 budget; with plans to continue with future budgets for as long as the Agreement is in effect. The ATF will then reimburse the police department annually for these costs, which is the standard throughout the country. Locally the police department has TFO’s on several different federal agency task forces. The difference for all the other federal agency task forces is the police department usually only has 1 to 2 officers assigned to those task forces on a fulltime basis. This Agreement allows the police department to have one (1) Sergeant and five (5) officers assigned to the ATF - Task Force, on a parttime basis, while still working their regular fulltime assignments on the Fresno PD - Street Violence Bureau - Tactical Team. The Agreement with ATF to become part of their task force allows for equipment, training, resources, and office space to be provided to the parttime TFO’s by the ATF, at no additional costs to the police department or City of Fresno. The Agreement has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference was not implemented as this does not include a bib or award of a construction or services contract. . FISCAL IMPACT The maximum cost of this Agreement will be $115,081.50 in overtime costs (based on the annual allotted federal overtime amount of $19,180.25 for each TFO position), which will be reimbursed by the ATF. There are sufficient appropriations in the Police Department’s FY 21 Patrol Support Fund budget. The overtime cost and reimbursement for this agreement has also been budgeted in the Police Department’s FY22 Patrol Support Fund budget and will continue with future budgets for as long as the Agreement is in effect. There will be no impact to the general fund for this Agreement. Attachments: Agreement (MOU) between the ATF and Fresno Police Department. City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ MEMORANDUM OF UNDERSTANDING BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF), And FRESNO POLICE DEPARTMENT (FPD) This Memorandum of Understanding ("MOU") is entered into on April 12, 2021 by and between the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") and the Fresno Police Department as it relates to the Fresno Task Force (herein referred to as the "Task Force"). AUTHORITIES Offenses investigated and enforced pursuant to this MOU are those falling within ATF's jurisdiction, including 28 U.S.C. § 599A; 27 CFR Part 0, Subpart W; 18 U.S.C. §§ 921 et. seq.; 26 U.S.C. §§ 5861 et. seq.; and 18 U.S.C. § 3051. PURPOSE The Task Force will perform the activities and duties described below: a.Investigate firearms related violent crimes. b.Investigate firearms trafficking. c.Investigate criminal possession of firearms. d.Gather and report intelligence data relating to trafficking in firearms. e.Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of California. MEASUREMENT OF SUCCESS The success of this initiative will be measured by the participating agencies willingness to share certain information, (i.e., crime statistics) for the purpose of measuring the success of the task force as well as its performance. Additional measurement will include analysis of the number of criminal and gang related defendants referred for prosecution for violations related to firearms offenses, violent crime, and firearms trafficking. Also, measurement includes the number of crime guns taken off the streets annually and the number of wanted violent crime offenders arrested. PHYSICAL LOCATION Officers I Investigators assigned to this Task Force by their employer shall be referred to as Task Force Officers (TFOs). TFOs will be assigned to the ATF Fresno Field Office, located within the City of Fresno. SUPERVISION AND CONTROL The day-to-day supervision and administrative control of TFOs will be the mutual responsibility of the participants, with the ATF Special Agent in Charge or his/her designee having operational control over all operations related to this Task Force. Each TFO shall remain subject to their respective agencies' policies and shall report to their respective agencies regarding matters unrelated to this agreement/task force. With regard to matters related to the Task Force, TFOs will be subject to Federal law and Department of Justice (DOJ) and ATF orders, regulations, and policy, including those related to standards of conduct, sexual harassment, equal opportunity issues and Federal disclosure laws. Failure to comply with this paragraph could result in a TFO's dismissal from the Task Force. PERSONNEL, RESOURCES AND SUPERVISION To accomplish the objectives of the Task Force, ATF will assign two (2) Special Agents to the Task Force. ATF will also, subject to the availability of funds, provide necessary funds and equipment to support the activities of the A TF Special Agents and officers assigned to the Task Force. This support may include office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. Each participating agency agrees to make available to their assigned task members any equipment ordinarily assigned for use by that agency. In the event ATF supplies equipment (which may include vehicles, weapons, or radios), TFOs must abide by any applicable ATF property orders or policy and may be required to enter into a separate agreement for their use. To accomplish the objectives of the Task Force, the Fresno Police Department agrees to detail six (6) part-time TFOs to the Task Force for a period of not less than two (2) years. It is understood by all parties that the TFOs assigned to the Task Force while reporting to the ATF Resident Agent in Charge, will still be responsible for maintaining normal duties for members of the Fresno Police Department Street Violence Bureau Tactical Team. All TFOs shall qualify with their respective firearms by complying with ATF's Firearms and Weapons Policy. SECURITY CLEARANCES All TFOs will undergo a security clearance and background investigation, and A TF shall bear the costs associated with those investigations. TFOs must not be the subject of any ongoing investigation by their department or any other law enforcement agency, and past behavior or punishment, disciplinary, punitive, or otherwise, may disqualify one from eligibility to join the Task Force. ATF has final authority as to the suitability of TFOs for inclusion on the Task Force. DEPUTATIONS ATF, as the sponsoring Federal law enforcement agency, may request at its sole discretion that the participating agency's TFOs be deputized by the U.S. Marshals Service to extend their jurisdiction, to include applying for and executing Federal search and arrest warrants, and requesting and executing Federal grand jury subpoenas for records and evidence involving violations of Federal laws. Such requests will be made on an individual basis as determined by ATF. The participating agencies agree that any Federal authority that may be conferred by a deputation is limited to activities supervised by ATF and will terminate when this MOU is terminated or when the deputized TFOs leave the Task Force, or at the discretion of ATF. ASSIGNMENTS, REPORTS, AND INFORMATION SHARING An A TF supervisor or designee will be empowered with designated oversight for investigative and personnel matters related to the Task Force and will be responsible for opening, monitoring, directing, and closing Task Force investigations in accordance with ATF policy and the applicable United States Attorney General's Guidelines. Assignments will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the ATF supervisor. All investigative reports will be prepared utilizing ATF's investigative case management system, (N-Force) utilizing ATF case report numbers. The participating agency will share investigative reports, findings, intelligence, etc., in furtherance of the mission of this agreement, to the fullest extent allowed by law. For the purposes of uniformity, there will be no duplication ofreports, but rather a single report prepared by a designated individual which can be duplicated, as necessary. Every effort should be made to document investigative activity on ATF Reports of Investigation (ROI), unless otherwise agreed to by ATF and the participating agency(ies). This section does not preclude the necessity of individual TFOs to complete forms required by their employing agency. Information will be freely shared among the TFOs and ATF personnel with the understanding that all investigative information will be kept strictly confidential and will only be used in furtherance of criminal investigations. No information gathered during the course of the Task Force, to include informal communications between TFOs and ATF personnel, may be disseminated to any third party, non-task force member, by any task force member without the express permission of the ATF Special Agent in Charge or his/her designee. Any public requests for access to the records or any disclosures of information obtained by task force members during Task Force investigations will be handled in accordance with applicable statutes, regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act and other applicable federal and/or state statutes and regulations. INVESTIGATIVE METHODS The parties agree to utilize Federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where state or local laws are more restrictive than comparable Federal law, investigative methods employed by state and local law enforcement agencies shall conform to those requirements, pending a decision as to a venue for prosecution. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policy and procedures of ATF. All Task Force operations will be conducted and reviewed in accordance with applicable ATF and Department of Justice policy and guidelines. None of the parties to this MOU will knowingly seek investigations under this MOU that would cause a conflict with any ongoing investigation of an agency not party to this MOU. It is incumbent upon each participating agency to notify its personnel regarding the Task Force's areas of concern and jurisdiction. All law enforcement actions will be coordinated and cooperatively carried out by all parties to this MOU. INFORMANTS A TF guidelines and policy regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by TFOs. Informants developed by TFOs may be registered as informants of their respective agencies for administrative purposes and handling. The policies and procedures of the participating agency with regard to handling informants will apply to all informants that the participating agency registers. In addition, it will be incumbent upon the registering participating agency to maintain a file with respect to the performance of all informants or witnesses it registers. All information obtained from an informant and relevant to matters within the jurisdiction of this MOU will be shared with all parties to this MOU. The registering agency will pay all reasonable and necessary informant expenses for each informant that a participating agency registers. DECONFLICTION Each participating agency agrees that the deconfliction process requires the sharing of certain operational information with the Task Force, which, if disclosed to unauthorized persons, could endanger law enforcement personnel and the public. As a result of this concern, each participating agency agrees to adopt security measures set forth herein: a.Each participating agency will assign primary and secondary points of contact. b.Each participating agency agrees to keep its points of contact list updated. The points of contact for this Task Force are: ATF: Resident Agent in Charge Mickel Sexton Fresno Police Department: Lieutenant Larry Bowlan EVIDENCE Evidence maintained by the lead agency having jurisdiction in the court system intended for prosecution. Evidence generated from investigations initiated by a TFO or ATF special agent intended for Federal prosecution will be placed in the ATF designated vault, using the procedures found in ATF orders. All firearms seized by a TFO must be submitted for fingerprint analysis and for a National Integrated Ballistics Information Network (NIBIN) examination. Once all analysis is completed, all firearms seized under Federal law shall be placed into the ATF designated vault for proper storage. All firearms information/descriptions taken into ATF custody must be submitted to ATF's National Tracing Center. JURISDICTION/PROSECUTIONS Cases will be reviewed by the A TF Special Agent in Charge or his/her designee in consultation with the participating agency and the United States Attorney's Office and appropriate State's attorney offices, to determine whether cases will be referred for prosecution to the U.S. Attorney's Office or to the relevant State's attorney's office. This determination will be based upon which level of prosecution will best serve the interests of justice and the greatest overall benefit to the public. Any question that arises pertaining to prosecution will be resolved through discussion among the investigative agencies and prosecuting entities having an interest in the matter. In the event that a state or local matter is developed that is outside the jurisdiction of A TF or it is decided that a case will be prosecuted on the state or local level, A TF will provide all relevant information to state and local authorities, subject to Federal law. Whether to continue investigation of state and local crimes is at the sole discretion of the state or local participating agency. DISCIPLINE Discipline will be the responsibility of the agency supplying the task force officer(s) and not the responsibility of the task force coordinator or task force supervisor. Disciplinary matters will be referred to the appropriate agency for investigation and disposition. MEDIA Media relations will be handled by ATF and the U.S. Attorney's Office's public information officers in coordination with each participating agency. Information for press releases will be reviewed and mutually agreed upon by all participating agencies, who will take part in press conferences. Assigned personnel will be informed not to give statements to the media concerning any ongoing investigation or prosecution under this MOU without the concurrence of the other participants and, when appropriate, the relevant prosecutor's office. SALARY/OVERTIME COMPENSATION During the period of the MOU, participating agencies will provide for the salary and employment benefits of their respective employees. All participating agencies will retain control over their employees' work hours, including the approval of overtime. ATF may have funds available to reimburse overtime to the State and Local TFO's agency, subject to the guidelines of the Department of Justice Asset Forfeiture Fund. This funding would be available under the terms of a memorandum of agreement (MOA) established pursuant to the provisions of 28 U.S.C. section 524. The participating agency agrees to abide by the applicable Federal law and policy with regard to the payment of overtime from the Department of Justice Asset Forfeiture Fund. The participating agency must be recognized under State law as a law enforcement agency and their officers / investigators as sworn law enforcement officers. If required or requested, the participating agency shall be responsible for demonstrating to the Department of Justice that its personnel are law enforcement officers for the purpose of overtime payment from the Department of Justice Asset Forfeiture Fund. This MOU is not a funding document. In accordance with these provisions and any MOA on asset forfeiture, the ATF Special Agent in Charge or designee shall be responsible for certifying reimbursement requests for overtime expenses incurred as a result of this agreement. AUDIT INFORMATION Operations under this MOU are subject to audit by ATF, the Department of Justice's Office of the Inspector General, the Government Accountability Office, and other Government-designated auditors. Participating agencies agree to permit such audits and to maintain all records relating to Department of Justice Asset Forfeiture Fund payments for expenses either incurred during the course of this Task Force or for a period of not less than three (3) years and, if an audit is being conducted, until such time that the audit is officially completed, whichever is greater. FORFEITURES/SEIZURES All assets seized for administrative forfeiture will be seized and forfeited in compliance with the rules and regulations set forth by the U.S. Department of Justice Asset Forfeiture guidelines. When the size or composition of the item(s) seized make it impossible for ATF to store it, any of the participating agencies having the storage facilities to handle the seized property agree to store the property at no charge and to maintain the property in the same condition as when it was first taken into custody. The agency storing said seized property agrees not to dispose of the property until authorized to do so by A TF. The MOU provides that proceeds from forfeitures will be shared, with sharing percentages based upon the U.S. Department of Justice Asset Forfeiture policies on equitable sharing of assets, such as determining the level of involvement by each participating agency. Task Force assets seized through administrative forfeiture will be distributed in equitable amounts based upon the number of full-time persons committed by each participating agency. Should it become impossible to separate the assets into equal shares, it will be the responsibility of all the participating agencies to come to an equitable decision. If this process fails and an impasse results, ATF will become the final arbitrator of the distributive shares for the participating agencies. DISPUTE RESOLUTION In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the Task Force's goals and objectives. The parties to this MOU agree to attempt to resolve any disputes regarding jurisdiction, case assignments and workload at the lowest level possible. LIABILITY A TF acknowledges that the United States is liable for the wrongful or negligent acts or omissions of its officers and employees, including TFOs, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Tort Claims Act. Claims against the United States for injury or loss of property, personal injury, or death arising or resulting from the negligent or wrongful act or omission of any Federal employee while acting within the scope of his or her office or employment are governed by the Federal Tort Claims Act, 28 U.S.C. sections 1346(b), 2672-2680 (unless the claim arises from a violation of the Constitution of the United States, or a violation of a statute of the United States under which other recovery is authorized). Except as otherwise provided, the parties agree to be solely responsible for the negligent or wrongful acts or omissions of their respective employees and will not seek financial contributions from the other for such acts or omissions. Legal representation by the United States is determined by the United States Department of Justice on a case-by-case basis. ATF cannot guarantee the United States will provide legal representation to any State or local law enforcement officer. Liability for any negligent or willful acts of any agent or officer undertaken outside the terms of this MOU will be the sole responsibility of the respective agent or officer and agency involved. DURATION This MOU shall remain in effect for a period not to exceed two years from the date of the signed agreement or until it is terminated in writing (to include electronic mail and facsimile). All participating agencies agree that no agency shall withdraw from the Task Force without providing ninety (90) days written notice to other participating agencies. If any participating agency withdraws from the Task Force prior to its termination, the remaining participating agencies shall determine the distributive share of assets for the withdrawing agency, in accordance with Department of Justice guidelines and directives. The MOU shall be deemed terminated at the time all participating agencies withdraw and ATF elects not to replace such members, or in the event ATF unilaterally terminates the MOU upon 90 days written notice to all the remaining participating agencies. MODIFICATIONS This agreement may be modified at any time by written consent of all participating agencies. Modifications shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. SIGNATURES 1 �24-.?( -l-----4--....:.......;�::...._--=c__--_: Date Fresno Police Department I ----Patrick T. Gorman Date Special Agent in Charge, A TF San Francisco Field Division City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-410,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Engineering Division, Right of Way Section SUBJECT RESOLUTION - Adopt Resolution of Intent Number 1140-D to vacate a public utility easement on Lots 78 through 81 of Campus Homesites Tract Number 1552 (Council District 5) RECOMMENDATION Staff recommends the City Council adopt Resolution of Intent Number 1140-D for the proposed vacation of a public utility easement on Lots 78 through 81 of Campus Homesites Tract Number 1552, and set the required public hearing at 10:00 a.m. on May 13, 2021. EXECUTIVE SUMMARY The Fresno Pacific University is requesting the vacation of a public utility easement on Lots 78 through 81 of Campus Homesites Tract Number 1552 as described in Exhibit “A” and as shown on Exhibit “B” of the attached Resolution of Intent. The purpose of this vacation is to accommodate development associated with Conditional Use Permit No. P19-04666, which consists of the construction of a 26,758 square foot Cultural and Arts Center to serve as a special event center for education, social and cultural events at Fresno Pacific University. BACKGROUND This portion of the public utility easement was originally dedicated by the map of Tract Number 1552 Campus Homesites that was recorded August 1, 1956, in Volume 18 of Plats, at Page 76, Fresno County Records. The Fresno Pacific University is proposing to vacate a portion of this public utility easement to accommodate development associated with conditional use permit number P19-04666. This development is the new construction of a 26,758 square foot Cultural and Arts Center which will serve as a special event center for education, social and cultural events on its main Fresno campus. City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-410,Version:1 The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined that the public utility easement proposed for vacation is unnecessary for present or prospective public utility purposes, as described in Exhibit “A” and as shown on Exhibit “B”, subject to conditions of approval as listed on Exhibit “C”, said exhibits are included in the attached Resolution of Intent. The City Attorney’s Office has approved the attached Resolution of Intention as to form. The vacation, if approved by the Council at the public hearing, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder, but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City. ENVIRONMENTAL FINDINGS The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report SCH No. 2012111015 (MEIR) prepared for the Fresno General Plan. Therefore, the Planning and Development Department has adopted a Negative Declaration EA Number P19-05782 and filed it with the County of Fresno Clerk’s office on June 26, 2020, for this project. With the MEIR mitigations imposed, there is no substantial evidence in the record that ·this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. LOCAL PREFERENCE Local preference does not apply because the vacation of a public utility easement does not involve bidding or contracting. FISCAL IMPACT This project has no impact to the General Fund and is located in Council District 5. Fresno Pacific University has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Campus Homesites Vicinity Map City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-410,Version:1 Campus Homesites EA Resolution of Intent 1140-D City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN ENGINEERING SERVICES DIVISION DISTRICT 5 APN'S: 473-061-01, 02, 09, 10 CITY OF FRESNO NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION EA No. P19-05782 for Development Permit Application No. P18-05782 & Planned Development Application No. P20-01043 PROJECT SPONSOR: Paul Halajian Architects, Inc. PROJECT LOCATION: 4824 East Butler Avenue; located on the southeast side of South Chestnut and East Butler Avenues. ±5.5 acres Site Latitude: 36°43'41.52" N Site Longitude: 119°44'5.568" W Mount Diablo Base & Meridian, Township 14S, Range 21E Section 7 -California Assessor's Parcel Numbers: 473-020-37, 473-061-01, - 02, -09, & -10 PROJECT DESCRIPTION: Filed with: t202.{)JOl)oo.z:s (Fill~~ JUN 2 6 2020 ~;z3 By FRrSNO COUNTY CLERK >-fi I ·o .., ~~ ~o;:::EPIITY FRESNO COUNTY CLERK 2220 Tulare Street, Fresno, CA 93721 Development Permit Application No. P18-03443 proposes to construct a ±26, 758 square-foot cultural and arts center in accordance with the Pl/cz (Public and lnstitutionaVconditions of zoning) zone district for the existing Fresno Pacific University. The proposed building will serve as a special event center for educational, social and cultural events on campus. The existing vacant student housing buildings and four single-family residences will be removed to accommodate the proposed project. I Planned Development Permit Application No. P20-01043 proposes to modify the Pl/cz (Public and lnstitutionaVconditions of zoning} zone district development stanqards to allow for a reduced street- side setback, reduced landscape buffers and reduced parking requirements. The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report SCH No. 2012111015 (MEIR) prepared for the Fresno General Plan. Therefore, the Planning and Development Department proposes to adopt a Negative Declaration for this project. With the MEIR mitigations imposed, there is no substantial evidence in the record that ·this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1)t the Planning and Development Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Additional information on the proposed project, including the MEIR proposed environmental finding of a negative declaration and the initial study may be obtained from the Planning and Development Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, Room 3043, California 93721-3604. Please contact Jose Valenzuela at (559) 621-8070 for more information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commenter's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on July 20, 2020. Please direct comments to Jose Valenzuela, Planner, City of Fresno Planning and Development Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to Jose.Valenzuela@fresno.gov; or comments can be sent by facsimile to (559) 498-1026. INITIAL STUDY PREPARED BY: Melanie J. Halajian, AICP, Ericsson-Grant, Inc. DATE: June 26, 2020 SUBMITTED BY: ;-~ Jose Valenzuela, Planner Ill CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT f .2D 'LOID Do 023 City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 1 of 84 Fresno Pacific University Culture and Arts Center Initial Study/Negative Declaration for: Fresno Pacific University Culture and Arts Center Prepared By: City of Fresno Planning & Development Department Fresno City Hall 2600 Fresno Street, Room 3043 Fresno, CA 93721-3604 (559) 621-8277 www.fresno.gov June 2020 City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 2 of 84 Fresno Pacific University Culture and Arts Center TABLE OF CONTENTS PAGE SECTION 1 I. INTRODUCTION 3 SECTION 2 II. ENVIRONMENTAL CHECKLIST 7 PROJECT SUMMARY 12 EVALUATION OF ENVIRONMENTAL IMPACTS 29 I. AESTHETICS ............................................................................................................. 30 II. AGRICULTURE AND FORESTRY RESOURCES .................................................... 31 III. AIR QUALITY ............................................................................................................. 32 IV. BIOLOGICAL RESOURCES ...................................................................................... 41 V. CULTURAL RESOURCES ......................................................................................... 43 VI. ENERGY..................................................................................................................... 45 VII. GEOLOGY AND SOILS ............................................................................................. 49 VIII. GREENHOUSE GAS EMISSIONS ............................................................................ 52 IX. HAZARDS AND HAZARDOUS MATERIALS ............................................................. 57 X. HYDROLOGY AND WATER QUALITY ....................................................................... 5 XI. LAND USE AND PLANNING...................................................................................... 61 XII. MINERAL RESOURCES ............................................................................................ 62 XIII. NOISE ......................................................................................................................... 62 XIV POPULATION AND HOUSING .................................................................................. 65 XV. PUBLIC SERVICES ................................................................................................... 65 XVI. RECREATION ............................................................................................................ 67 XVII. TRANSPORTATION .................................................................................................. 67 XVIII. TRIBAL CULTURAL RESOURCES ......................................................................... 74 XIX. UTILITIES AND SERVICE SYSTEMS ....................................................................... 76 XX. WILDFIRE................................................................................................................... 80 SECTION 3 III. MANDATORY FINDINGS OF SIGNIFICANCE 82 IV. PERSONS AND ORGANIZATIONS CONSULTED 83 V. REFERENCES 84 ATTACHMENTS A – Memorandum of Understanding between Fresno Pacific University and Butler Church B – Fresno Pacific University Culture and Arts Center Emissions Memorandum C – Fresno Pacific University Culture and Arts Center Traffic Impact Analysis D – Fresno Pacific University Culture and Arts Center Energy Memorandum E – MEIR Mitigation Measure Monitoring Checklist for EA No. P19-05782 City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 3 of 84 Fresno Pacific University Culture and Arts Center SECTION 1 I. INTRODUCTION A. PURPOSE This document is a project level Initial Study for evaluation of potential environmental impacts resulting from the proposed Fresno Pacific University Culture and Arts Center (Refer to Figures in Project Description attached to this Initial Study). B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS As defined by Section 15063 of the State of California Environmental Quality Act (CEQA) Guid elines, an Initial Study is prepared primarily to provide the Lead Agency with information to use as the basis for determining whether an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration would be appropriate for pr oviding the necessary environmental documentation and clearance for any proposed project. According to Section 15065, an EIR is deemed appropriate for a particular proposal if the following conditions occur: • The proposal has the potential to substantially degrade quality of the environment. • The proposal has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. • The proposal has possible environmental effects that are individually limi ted but cumulatively considerable. • The proposal could cause direct or indirect adverse effects on human beings. According to Section 15070(a), a Negative Declaration is deemed appropriate if the proposal would not result in any significant effect on the environment. According to Section 15070(b), a Mitigated Negative Declaration is deemed appropriate if it is determined that though a proposal could result in a significant e ffect, mitigation measures are available to reduce these significant effects to insignificant levels. This Initial Study is prepared in conformance with the California Environmental Quality Act of 1970, as amended (Public Resources Code, Section 21000 et. seq.); Section 15070 of the State Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000, et. seq.); applicable requirements of the C ity of Fresno; and the regulations, requirements, and procedures of any other responsible public agency or an agency with jurisdiction by law. The City of Fresno is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency which has the principal respons ibility for approving the necessary environmental clearances and analyses for any project in the City of Fresno. C. INTENDED USES OF INITIAL STUDY This Initial Study is an informational document which is intended to inform the City of Fresno decision makers, other responsible or interested agencies, and the general public of potential environmental effects of the proposed applications. The environmental review process has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any potentially adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency and oth er responsible public agencies must City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 4 of 84 Fresno Pacific University Culture and Arts Center balance adverse environmental effects against other public objectives, including economic and social goals. The Initial Study prepared for the project will be circulated for a period of 30 days for public and agency review and comments. At the conclusion, if comments are received, the City of Fresno Planning & Development Department will prepare a document entitled “Responses to Comments” which will be forwarded to any commenting entity and be made part of the record w ithin 10-days of any project consideration. D. CONTENTS OF INITIAL STUDY This Initial Study is organized to facilitate a basic understanding of the existing setting and environmental implications of the proposed application s. SECTION 1 I. INTRODUCTION presents an introduction to the entire report. This s ection discusses the environmental process, scope of environmental review, and incorporation by reference documents. SECTION 2 II. ENVIRONMENTAL CHECKLIST FORM contains the City’s Environmental Checklist Form. The checklist form presents results of the environmental evaluation for the proposed applications and those issue areas that would have either a significant impact, potentially significant impact, or no impact. PROJECT SUMMARY, LOCATION AND EVIRONMENTAL SETTINGS describes the proposed project entitlements and required applications. A description of discretionary approvals and permits required for project implementation is also included. It also identifies the location of the project and a general description of the surrounding environmental settings. ENVIRONMENTAL ANALYSIS evaluates each response provided in the environmental checklist form. Each response checked in the checklist form is discussed and supported with sufficient data and analysis, as necessary. As appropriate, each response discussion describes and identifies specific impacts anticipated with project implementation. SECTION 3 III. MANDATORY FINDINGS presents Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. IV. PERSONS AND ORGANIZATIONS CONSULTED identifies those persons consulted and involved in preparation of this Initial Study and Negative Declaration. V. REFERENCES lists bibliographical materials used in preparation of this document. VI. FINDINGS SECTION 4 VII. RESPONSE TO COMMENTS (IF ANY) VIII. MITIGATION MONITORING & REPORTING PROGRAM (MMRP) (IF ANY) E. SCOPE OF ENVIRONMENTAL ANALYSIS For evaluation of environmental impacts, each question from the CEQA Environmental Checklist Form is summarized and responses are provided according to the analysis undertaken as part of the Initial Study. Impacts and effects will be evaluated and quantified, when appropriate. To eac h question, there are four possible responses, including: City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 5 of 84 Fresno Pacific University Culture and Arts Center 1. No Impact: A “No Impact” response is adequately supported if the impact simply does not apply to the proposed applications. 2. Less Than Significant Impact: The proposed applications will have the potential to impact the environment. These impacts, however, will be less than significant; no additional analysis is required. 3. Less Than Significant with Mitigation Incorporated: This applies where incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact”. 4. Potentially Significant Impact: The proposed applications could have impacts that are considered significant. Additional analyses and possibly an EIR could be required to identify mitigation measures that could reduce these impacts to less than significant levels. F. PROJECT LEVEL ENVIRONMENTAL ANALYSIS This Initial Study will be conducted under a project level analysis. Regarding mitigation measures, it is not the intent of this document to “overlap” or restate conditions of approval that are commonly established for future known projects or the proposed applications. Additionally, those other standard requirements and regulations that any development must comply with, that are outsid e the City’s jurisdiction, are also not considered mitigation measures and therefore, will not be identified in this document. G. TIERED DOCUMENTS AND INCORPORATION BY REFERENCE Information, findings, and conclusions contained in this document are based on incorporation by reference of tiered documentation, which are discussed in the following section. 1. Tiered Documents As permitted in Section 15152(a) of the CEQA Guidelines, information and discussions from other documents can be included into this document. Tiering is defined as follows: “Tiering refers to using the analysis of general matters contained in a broader EIR (su ch as the one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project.” Tiering also allows this document to comply with Section 15152(b) of the CEQA Guidelines, which discourages redundant analyses, as follows: “Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including the general plans, zoning changes, and development projects. This approach can eliminate repetitive discussion of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration.” Further, Section 15152(d) of the CEQA Guidelines states: “Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EI R or negative declaration on the later project to effects which: City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 6 of 84 Fresno Pacific University Culture and Arts Center (1) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means.” 2. Incorporation by Reference Incorporation by reference is a procedure for r educing the size of EIRs/MND and is most appropriate for including long, descriptive, or technical materials that provide gene ral background information, but do not contribute directly to the specific analysis of the project itself. This procedure is part icularly useful when an EIR or Negative Declaration relies on a broadly-drafted EIR for its evaluation of cumulative impacts of related projects (Las Virgenes Homeowners Federation v. County of Los Angeles [1986, 177 Ca.3d 300]). If an EIR or Negative Declaration relies on information from a supporting study that is available to the public, the EIR or Negative Declaration cannot be deemed unsupported by evidence or analysis (San Francisco Ecology Center v. City and County of San Francisco [1975, 48 Ca.3d 584, 595]). This document incorporates by reference appropriate information from the “Master Environmental Impact Report General Plan and Development Code Update City of Fresno, Fresno County, California (December 5, 2014), and amendment (December 17, 2014), prepared by First Carbon Solutions. When an EIR or Negative Declaration incorporates a document by reference, the incorporation must comply with Section 15150 of the CEQA Guidelines as follows: • The incorporated document must be available to the public o r be a matter of public record (CEQA Guidelines Section 15150[a]). The Master Environmental Impact Report for the City of Fresno General Plan and Development Code Update is available as it will be used to “tier” certain potential impacts and corresponding mitigation, along with this document, at the City of Fresno Planning and Development Department, 2600 Fresno Street, Room 3043, Fresno, California, 93721 (559) 621- 8009. • The Maser EIR is available for inspection by the public at the City of Fresno Planning and Development Department, 2600 Fresno Street, Room 3043, Fresno, California, 93721 (559) 621- 8009. • These documents must summarize the portion of the document being incorporated by reference or briefly describe information that cannot be summarized. F urthermore, these documents must describe the relationship between the incorporated information and the analysis in the t iered documents (CEQA Guidelines Section 15150[c]). As discussed above, the tiered EIRs address the entire project site and provide background and inventory information and data which apply to the project site. Incorporated information and/or data will be cited in the appropriate sections. • These documents must include the State identification number of the incorporated documents (CEQA Guidelines Section 15150[d]). The State Clearinghouse Number for the Master Environmental Impact Report General Plan and Development Code Update is SCH # 2012111015. The material to be incorporated in this document will include general background informatio n (CEQA Guidelines Section 15150[f]). This has been previously discussed in this document. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 7 of 84 Fresno Pacific University Culture and Arts Center SECTION 2 II. ENVIRONMENTAL CHECKLIST 1. Project Title: Fresno Pacific University Culture and Arts Center 2. Lead Agency: City of Fresno Planning and Development Department 3. Contact Person and Phone Number: Jose Valenzuela, Planner III - (559) 621-8070 4. Address: 2600 Fresno Street, Third Floor, Room 3043, Fresno, CA 93721 5. E-mail: Jose.Valenzuela@fresno.gov 6. Project Location: The proposed Project will occupy approximately 2 acres on five existing parcels totaling 5.5 acres located at the southeast corner of South Chestnut Avenue and East Butler Avenue (Figure 1). 7. Project Sponsor's Name and Address: Fresno Pacific University c/o Mr. Robert Lippert 1717 South Chestnut Avenue Fresno, CA 93702 Phone: 559-453-2189 Fresno, CA 9378. 8. General Plan Designation: PC – Public Commercial 9. Zoning: PI – Public and Institutional Use 10. Description of Project: Fresno Pacific University, (FPU), is requesting a Special Development Permit to construct a 26,758 square foot Culture and Arts Center (proposed Project) which will serve as a special event center for educational, social and cultural events on its main Fresno campus. The project site is comprised of five parcels owned by FPU: 4824 East Butler Avenue (Assessor’s Parcel Number [APN] 473-020-37); 4838 East Butler Avenue (APN 473-061-01); 4846 East Butler Avenue (APN 473- 061-02); 4845 East Townsend Avenue (APN 473-061-09); and 4837 East Townsend Avenue (APN 473-061-10) (Figure 2). These parcels are developed with vacant student housing buildings and four single-family residences that will be removed to accommodate the proposed project. The project site is adjacent to (west of) the Butler Church. The proposed Culture and Arts Center will provide a venue for students to plan, perform and manage events. Community sponsored events will also occur at the site providing a peaceful and attractive venue for cultural and s ocial events in a campus like setting. The facility will be approximately 30-feet tall and includes landscaping, lighting, parking and other required improvements (Figure 6A, 6B, 6C and 7). A variety of locations within the FPU campus will provide parking for the proposed Culture and Arts Center. In addition, the Butler Church that has had a long-standing supportive relationship with FPU and will provide 70 parking stalls as described in the existing Memorandum of Understanding (MOU) between FPU and the Butler Church (Attachment A). The Butler Church parking area will not be available to FPU on Sundays from 8:00 a.m. to 12:30 p.m. when church services occur. Event hours at the Culture and Arts Center will be Monday thru Wednesday, 8:00 a.m. to 9:00 p.m.; Thursday thru Saturday, 8:00 a.m. to 10:00 p.m.; and Sunday 4:00 p.m. to 10:00 p.m. The Culture and Arts Center will be used during the week for internal campus educational activities. Two distinct components are proposed for the event center. The first is the main auditorium which will seat approximately 400 people and accommodate a wide range of events. The second component of the center is the “Black Box” which provides an open seating and flexible use arrangement for 99 City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 8 of 84 Fresno Pacific University Culture and Arts Center people. The two rooms will not be simultaneously occupied until additional parking can be secured for the occupancy needs of both components (i.e. to accommodate parking for 499 people). FPU will utilize its existing staff and students to administer the Culture and Arts Center, including the maintenance of lighting and sound equipment. Specialty tasks will be handled by private firms contracted for those services. 11. Surrounding Land Uses and Setting: The Project is located within the FPU campus at 1717 North Chestnut (Figure 2). East Butler Avenue borders the Project on the north and East Townsend Avenue and single-family residences border the Project on the south. Four homes are situated to the east of the project site. Three of the four homes are owned by the University; (2) are being used as dormitories, and one is being used by the Campus Security Department. The remaining home is privately owned and occupied. 12. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): San Joaquin Valley Air Pollution Control District (SJVAPCD), City of Fresno Planning Commission (PC), Fresno Metropolitan Flood Control District (FMFCD), Fresno County Environmental Health, Department of Public Works; Department of Public Utilities; Regional Water Quality Control Board. 13. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Ac t (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review necessary to identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s (NAHC’s) Sacred Lands File per Public Resources Section (PRC) Section 5097.96 and the California Historical Resources Information System (CHRIS) administered by the California Office of Historic Preservation. Note: PRC Section 21082.3(c) contains provisions specific to confidentiality. Pursuant to Assembly Bill 52 (AB 52), the Table Mountain Rancheria Tribe and the Dumna Wo Wah were invited to consult under AB 52. If so, has consultation begun? Yes. The City of Fresno mailed notices regarding the project to both tribes on March 27, 2020 which included the required 30-day time period for tribes to request consultation. The notices were delivered on March 30, 2020 and the city received the signed certif ied card back on April 2, 2020. On March 4, 2020, Governor Gavin Newsom signed Executive Order (EO) N -54-20 proclaiming a State of Emergency to exist in the State of California as a result of the threat of COVID-19. The EO postponed requests for consultation and was effective April 22, 2020. The suspension ended on June 21, 2020. As reflected above, the request for consultation letter was sent out on March 27, 2020 prior to the date the EO took effect. In accordance with the EO, the Tribes had four days to respond after June 21, 2020, due to the 26 days that had already passed. With the postponement directed by the EO, the response period closed June 25, 2020. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 9 of 84 Fresno Pacific University Culture and Arts Center ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on t he following pages. Aesthetics Agriculture/Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) on the basis of this initial evaluation: Found that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made b y or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Found that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Found that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Found that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Jose Valenzuela, Planner Date City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 10 of 84 Fresno Pacific University Culture and Arts Center EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE MASTER ENVIRONMENTAL IMPACT REPORT (MEIR): 1. For purposes of this Initial Study, the following answers have the corresponding meanings: a. “No Impact” means the subsequent project will not cause any additional significant effect related to the threshold under consideration which was not previously examined in the MEIR. b. “Less Than Significant Impact” means there is an impact related to the threshold under consideration that was not previously examined in the MEIR, but that impact is less than significant. c. “Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration that was not previously examined in the MEIR, however, with the mitigation incorporated into the project, the impact is less than significant. d. “Potentially Significant Impact” means there is an additional potentially significant effect related to the threshold under consideration that was not previously examined in the MEIR. 2. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). 3. All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 4. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Attachment E, “MEIR Mitigation Measure Monitoring Checklist for EA No. P18-03724” may be cross-referenced). 6. Earlier analyses may be used where, pursuant to the tiering, program EIR or MEIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in the MEIR or another earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 11 of 84 Fresno Pacific University Culture and Arts Center 7. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 8. Supporting Information Sources: A source list should be atta ched, and other sources used, or individuals contacted should be cited in the discussion. 9. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checkli st that are relevant to a project's environmental effects in whatever format is selected. 10. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 12 of 84 Fresno Pacific University Culture and Arts Center PROJECT SUMMARY A. Project Location: The proposed Project is located on five parcels totaling 5.5 acres at the southeast corner of South Chestnut Avenue and East Butler Avenue (Figure 1 and Figure 2): 4824 East Butler Avenue (Assessor’s Parcel Number [APN] 473-020-37); 4838 East Butler Avenue (APN 473-061-01); 4846 East Butler Avenue (APN 473-061-02); 4845 East Townsend Avenue (APN 473-061-09); and 4837 East Townsend Avenue (APN 473-061-10) (Figure 3). Project Summary: Fresno Pacific University, (FPU), is requesting a Special Development Permit to construct a two-story (30-foot high) 26,758 square foot Culture and Arts Center (proposed Project) which will serve as a special event center for educational, social and cultural events on its main Fresno campus (Figure 3). The proposed Culture and Arts Center will provide a venue for students to plan, perform and manage such events. Community sponsored events will also occur at the site providing a peaceful and attractive venue for cultural and social events in a campus like setting. Two distinct components are proposed for the Culture and Arts Center. The first is the Main Auditorium which will seat approximately 400 people and accommodate a wide range of events. The second component of the center is the “Black Box” which provides an open seating and flexible use arrangement for 99 people. The two rooms will not be simultaneously occupied until additional parking can be secured for the occupancy needs. The Project also includes 15,500 square feet of open space, lighting (bollard lights, pole lights, parking lot lights), and 23,774 square feet of landscaping. Project Site The project site is comprised of five parcels owned by FPU (Figure 4 and Figure 5). These parcels are developed with vacant student housing and single-family residences. To accommodate construction of the Project, the five student housing structures will be relocated off campus and the four single-family residences will be demolished. The project site is adjacent to (west of) the Butler Church, between East Butler Avenue on the north and East Townsend Avenue on the south. Parking Seventy (70) parking spaces including 66 standard stalls and 3 handicapped accessible stalls will be provided on-site to the north, west and east of the Cultural and Arts Center (see Figure 3 and Figure 4). The Project also proposed 4 future electric vehicle stalls per California Building Code 11B-208.2.4; 6 clean air/van pool/electric vehicle stall per Cal Green 5.106.5.3.3; and 70 Overflow Parking spaces at Butler Church including 66 standard stalls per Cal Green 5.106.5.2.1 and four handicapped accessible stalls. The overall total of both on-site parking and parking at Butler Church is 140 stalls. This exceeds the required number of 123 stalls by 17. The Butler Church has had a supportive long-standing relationship with FPU and will provide 70 parking stalls as described in the existing MOU between FPU and the Butler Church. The Butler Church parking area will not be available on Sundays from 8:00 a.m. to 12:30 p.m. when church services occur. In addition, a variety of locations within the FPU campus will also provide parking for the proposed Culture and Arts Center. Additional on-site parking will become available should the streets (East Townsend Avenue, East Garden Avenue and Heaton Avenue) receive approval from the City to be vacated. The City of Fresno will condition the Project requiring that a covenant between the City, FPU and Butler Church be recorded for shared parking and access. Hours of Operation Event hours at the Culture and Arts Center will be Monday thru Wednesday, 8:00 a.m. to 9:00 p.m.; Thursday thru Saturday, 8:00 a.m. to 10:00 p.m.; and Sunday 4:00 p.m. to 10:00 p.m. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 13 of 84 Fresno Pacific University Culture and Arts Center Staffing FPU will utilize its existing staff and students to administer the Culture and Arts Center, including the maintenance of lighting and sound equipment. Specialty tasks will be handled by private firms contracted for those services. Street Vacation FPU is concurrently processing a request to vacate three segments of public streets South Townsend Avenue, South Garden Avenue and East Heaton Avenue. These streets provide vehicular and pedestrian access to South Winery Avenue to the east. The limits of the proposed vacation are shown in Figure 8A and Figure 8B. The proposed Planned Development permit provides details as to how the streets will be physically vacated and maintained though a unified plan of development for the area of the proposed Culture and Arts Center. The purpose of the street vacation is to enhance FPU campus security by facilitating control of access on a public street and allowing greater flexibility for the development of the proposed Culture and Arts Center including additional parking. The location of the existing streets, curbs, gutters, sidewalks, and streetlights will not change as a result of the street vacation. However, the maintenance responsibility of these facilities may be transferred from the City of Fresno to FPU. Therefore, there is no physical change to the environment as a result of the proposed street vacation. Adopted policies and procedures and ministerial permits of the city will assure that the existing water, sewer, storm drainage, natural gas, electricity, and telephone services located within the public streets to be vacated will be appropriately protected. Adopted City of Fresno policies and procedures will require FPU to grant permanent maintenance easements for the utilities as a condition of the street vacation. Mandatory street vacation standards will require that FPU construct a standard city drive approach at East Townsend Avenue and East Heaton Avenue west of South Winery Avenue to clearly identify the termination of the public streets. The drive approaches will be constructed within the existing right-of- way. Traffic circulation will not be significantly modified in that the three public streets to be vacated will be used for internal vehicular and pedestrian circulation by FPU. Mandatory development standards will also assure adequate vehicular ingress and egress can be maintained to accommodate emergency vehicles and refuse collection vehicles. Should the proposed street vacation be approved, it will comply with applicable City standards that ensure public health and safety are maintained. Utilities Figure 4 illustrates the locations and capac ities of existing utilities in the vicinity of the site, and tentative extensions to the site. The storm drain system will be connected to the Fresno Metropolitan Flood Control District (FMFCD) on East Butler Avenue. A temporary detention basin will be constructed on site to control storm water flows within the FMFCD system in accordance with FMFCD direction. Gas & Electricity Pacific Gas & Electric has gas and electrical infrastructure in place withi n existing roadway right-of-way (East Butler Avenue, East Townsend Avenue) surrounding the Culture and Arts Center. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 14 of 84 Fresno Pacific University Culture and Arts Center Telecommunications AT&T has a 4-inch cable on the north side of the East Butler Avenue right -of-way. Comcast provides cable television and internet through facilities located in the existing right-of-way. Four 1-1/4-inch fiber optic cables are also within the north side of the right-of-way on East Butler Avenue. Water The City of Fresno Water Division has 6-inch water main infrastructure in place within existing right of way (East Garden Avenue, East Townsend Avenue, East Heaton Avenue). This infrastructure supplies water to multiple single-family home lots. The main also supplies four public fire hydrants and three fires sprinkler services. With the street vacation these water facilities may become private. FPU would be financially responsible for the abandonment of the existing 6-inch water mains, public fire hydrants and meters located in East Townsend Avenue, South Garden Avenue and East Heaton Avenue. If the 6-inch water service infrastructure continues to be used, it may require the installation of 6-inch master meters at the two points of connection in South Winery Avenue and the installation of reduced pressure backflow devices after each meter as commercial buildings are being served. This would severely affect fire flow for fire hydrants and not provide adequate pressu re to meet the original designs of the three fire sprinkler systems due to the 10-11 pounds per square inch (psi) pressure drop in a reduced pressure backflow device. To maintain adequate fire protection during demolition, FPU should either install a new dedicated fire service water main for the fire hydrants and fire sprinkler systems or negotiate with the Water Divi sion on accepting the reduced pressure devices on the existing “commercial” domestic services (or if not currently present, install same) in lieu of installing master Reduced Pressure (RP) devices on each connection in South Winery Avenue. Additional backflow protection could be provided with installation of a 6-inch testable double check assembly (non-reduced pressure, Wilkins 350A or equivalent) after each master meter which have a significantly lower pressure drop than RP devices and will have minimal impact on fire hydrant flow and fire sprinkler demand. Wastewater A 24-inch sewer main is located north of the site within the right-of-way of East Butler Avenue. The existing 10-inch sewer line extending south from the main through the middle of the site (along the current property line) will be relocated to accommodate the proposed project. Sewer manholes are distributed throughout the site. Four-inch sewer lines also extend south from East Butler Avenue connecting to the residences to be demolished. Thes e lines will be removed up to the public right-of- way then capped. A city Public Utility Easement (PUE) for sewer infrastructure extends through the site. Because a sewer line is currently located within the footprint of the proposed Culture and Arts Center, the line and associated PUE will need to be moved. The line is proposed to be moved to the east and would border the west side of the temporary detention basin in accordance with City standards. Storm Drainage To capture on-site run-off, the Project includes a temporary detention basin in the southwest corner of the site engineered to meet storage demand per City and Fresno Metropolitan Flood Control District (FMFCD) Requirements. The basin would be 70 feet wide and 150 feet long and be 3 feet deep. Approximately 8,370 cubic feet of earth would be removed to construct the detention basin. The FMFCD has existing storm drainage facilities within the area of the proposed vacation (Figure 8B). The FMFCD requires that FPU retain a public utility easement or provide the FMFCD with a fifteen-foot (15’) wide exclusive storm drainage easement centered on the pipeline to be dedicated to the FMFCD (Figure 9). City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 15 of 84 Fresno Pacific University Culture and Arts Center No encroachments into the easement will be allowed including, but not limited to, buildings, roof overhangs, swimming pools and trees. The FMFCD requires that the adopted FMFCD Master Plan drainage patterns remain as designed for the proposed vacation area. Any proposed revisions to existing FMFCD facilities must be reviewed and approved by the FMFCD and the City prior to implementation. Permits and Approvals To develop the project as proposed, FPU is requesting a Development Permit (Figure 3) and a Planned Development Plan to allow construction of a 26,758 sq. ft. Culture and Arts Center. Development Permit Applications are required for all new structures, with the exception of single-family residences. The Planned Development Plan (Figure 4 and 5) depicts the proposed land uses and the total floor area or land area devoted to each; the proposed density or intensity of development; the location pedestrian ways, and bike ways; and the location of proposed lot lines, structures, buildings, parking, yards, pathways, open spaces, and other public or private facilities. A Planned Development Permit (Figure 3) establishes minimum thresholds for Planned Developments. Specifically, a Planned Development Permit is used to 1) Establish a procedure for development on large areas of land and infill sites to allow for projects that desire greater flexibility than currently provided for in the Development Code; 2) Promote variety and avoid monotony in developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenities; and 3) Facilitate assembling properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods. The Planned Development Permit (Figure 5) includes deviations from the Development Code, General Plan, applicable operative plan, or adopted policy being proposed. The Project intends to apply the Planned Development standards of the City of Fresno Development Code Article 59 to allow the modification of certain property development standards as follows: Code Section or Plan Policy # Description of Standard or Requirement Requested Modification Describe how proposed modification is demonstratively superior and will achieve superior community design, environmental preservation, and/or substantial public benefit. 15-1403 20-foot setback from East Townsend Avenue. Omit setback requirement. East Townsend Avenue is currently in the process of street vacation and will become part of the campus. The building needs this area to maximize the building site for parking and open lawn area in front of the existing seminary. 15-2008B Block wall between the commercial and residential property. Omit block wall requirement. Residential property is zoned for PI and will eventually become part of the overall campus. Installation of a block wall will ultimately be removed in the future. 15-2305-C-1 15-foot landscape buffer between the commercial and residential property. Omit landscape buffer. Residential property is zoned for PI and will eventually become part of the overall campus. The 15-foot buffer will be used to help achieve the parking count requirements. 15-2413 Shared parking with adjacent lot. Allow FPU to utilize the parking from Butler Church as overflow parking. Per 15-2413, FPU wants to utilize parking spaces at Butler Church for overflow parking. FPU has a parking Memorandum of Understanding with the church. 15-2409 Parking count based on use. Non-concurrent occupancy of the Auditorium and Black Box until sufficient parking is available. Per the operational statement, FPU will not be using the Black Box and the Auditorium concurrently based on lack of available parking. Concurrent use may not occur unless FPU is able to add additional parking. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 16 of 84 Fresno Pacific University Culture and Arts Center The Project also requires approval of a Lot Line Adjustment to accommodate the proposed improvements. The Lot Line adjustment would move the existing property line to the west, 2.5 feet left of the existing 2-inch water meter. A Voluntary Lot Merge to join APNs 473-020-37, 473-061-01, 473- 061-02, 473-061-10 and 473-061-09 into a signal parcel to accommodate the proposed Culture and Arts Center per state and local ordinance requirement was recorded on March 4, 2020. Easements There is a 30-foot wide easement along the western portion of the site approximately 18 feet east of the relocated western property line to allow for the relocation of the proposed underground sewer line. Another 30-foot easement is along the eastern property line to accommodate overhead infrastructure. This easement extends approximately 150 feet south. PG&E is requesting a permanent easement for its existing electrical facilities. The City of Fresno Engineering Public Utilities Department requires that the existing 8-inch and 6-inch water mains have a public utility easement reserved in the entire public street right -of-way proposed to be vacated. The FMFCD is requiring a public utility easement or a fifteen-foot wide exclusive storm drainage easement centered on the pipeline. Development Schedule FPU has purchased all but one (a total of 21) of the existing residential housing off East Townsend Avenue, South Garden Avenue, and East Heaton Avenue between South Winery Avenue and South Chestnut Avenue. These homes are currently used for student housing and campus buildings. Included with the purchase of the existing residences, FPU has also begun the process of vacating these streets. In the future, the homes will be removed, and the vacated streets will become part of FPU’s Master Plan. Below is the anticipated schedule of construction for the above project. • Demolition of existing single-family homes: May to August 2020. • Construction of the Culture and Arts Center is estimated to begin in October 2020 and take approximately 21 months with completion anticipated in July 2022. • The Street Vacation process started in November 2019. Anticipated time of completion is unknow. B. Environmental Setting: The proposed Project is within the boundaries of the FPU campus in the southeast portion of the City of Fresno. The campus is an urban setting with existing buildings, landscape, parking lots, sidewalks, and utilities. D. Analysis: The Project is the construction of a 26,758 square foot Culture and Arts Center on the campus of FPU with a temporary detention basin. The Project includes the demolition/relocation of 10 existing structures (four single-family homes, five student housing buildings and one garage), merging five lots, and vacating three City streets (East Townsend Avenue, East Garden Avenue, South Heaton Avenue). E. General Plan Consistency: The Project is consistent with the land use designation of Public Facility, College and the site zoning of Public and Institutional Use. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 17 of 84 Fresno Pacific University Culture and Arts Center Figure 1 Project Location Map Project Location City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 18 of 84 Fresno Pacific University Culture and Arts Center Figure 2 Aerial Map of Site and Surrounding Area Butler Church Project Site City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 19 of 84 Fresno Pacific University Culture and Arts Center Figure 3 Planned Development Permit Site Plan Source: Paul Halajian Architects 2020. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 20 of 84 Fresno Pacific University Culture and Arts Center Figure 4 Proposed Development Plan Site Plan with Existing Uses Source: Paul Halajian Architects 2020. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 21 of 84 Fresno Pacific University Culture and Arts Center Source: Paul Halajian Architects 2020 Figure 5 Planned Development Map City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 22 of 84 Fresno Pacific University Culture and Arts Center Source: Paul Halajian Architects 2020. Figure 6A South (Front) Elevation of Culture and Arts Center City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 23 of 84 Fresno Pacific University Culture and Arts Center Source: Paul Halajian Architects 2020. Figure 6B North and West Elevation North Elevation West Elevation City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 24 of 84 Fresno Pacific University Culture and Arts Center Source: Paul Halajian Architects 2020. South Elevation East Elevation Figure 6C South and East Elevation City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 25 of 84 Fresno Pacific University Culture and Arts Center Figure 7 Lighting Plan Source: Paul Halajian Architects 2020. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 26 of 84 Fresno Pacific University Culture and Arts Center Figure 8A Easement Vacation Plan EAST TOWNSEND AVENUE Source: Bair Church & Flynn 2019. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 27 of 84 Fresno Pacific University Culture and Arts Center EAST TOWNSEND AVENUE Figure 8B Easement Vacation Plan Source: Paul Halajian Architects 2020. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 28 of 84 Fresno Pacific University Culture and Arts Center Figure 9 FMFCD Proposed Vacation – Drainage Area “A” Source: FMFCD 2019. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 29 of 84 Fresno Pacific University Culture and Arts Center EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal stand ards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Sign ificant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages whe re the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Bike Path/Landscape Strip Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 30 of 84 Fresno Pacific University Culture and Arts Center I. AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista or scenic highway? No Impact. The proposed Project is located within an urban area on the south side of East Butler Avenue, a 4-lane east-west collector. The area is characterized by single-family homes over 50 years old without unique or particularly interesting design, the Butler Church, Mennonite Brethren Biblical Seminary on the south side of East Butler Avenue and apartments and a strip-retail center on the north side of East Butler Avenue. Overhead utilities and large trees also dominate views along East Butler Avenue. The proposed Culture and Arts Center, as a two-story, 30-foot structure would be visible to both east and west-bound travelers along East Butler Avenue but will be screened with appropriate landscaping materials. Chestnut Avenue, to the west, aligns through an urbanized area and is not designated as a scenic highway or a scenic route. The Project is compatible in scale and design within the context of the overall FPU campus and will be an attractive addition to the grounds. Therefore, the Project would have no impact on a scenic vista or a scenic highway. b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The proposed Project is within the boundaries of the FPU campus which has been developed with buildings, pavement, and landscaping. As previously noted, the site is in an urban area and not within a state scenic highway. The residential structures are over 50 years old and will removed but are not eligible for the historic registry. Therefore, no impact would occur regarding damaging scenic resources within a state scenic highway. c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. As previously noted, the Project is in an urban area within the campus of FPU. The Project would improve the aesthetic of the area for public viewers by introducing a state-of-the art Culture and Arts Center along East Butler Avenue. The Project includes landscaping (in accordance with state and local water conservation guidelines) and lighting consistent with City standards. Signage will be installed per City standards and located on the property as indicated on the Lighting Plan (Figure 7). An electronic marquee sign will be installed along the south facing façade (i.e. towards East Townsend Avenue) of the building that will present information regarding upcoming events. The Project is consistent with the existing PI – Public and Institutional Use zone, therefore no impact would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 31 of 84 Fresno Pacific University Culture and Arts Center Less than Significant Impact. The Project has a lighting plan (Figure 7) with three types of fixtures: 18, 48-inch bollard lights to illuminate walkways; three, 25-foot overhead light poles to illuminate the western side and southeast corner of the site; and six, 12-foot tall pedestrian light poles on a 6-inch concrete base. The overhead lights are directed downward to avoid light spillage consistent with MEIR Mitigation Measure AES-1 (Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences [Attachment E]). An electronic marquee sign will be installed along the south facing façade of the building (towards East Townsend Avenue) that will display information regarding upcoming events. The marquee is consistent with allowable lighting standards and would not adversely affect day or nighttime views in the area. The site will be landscaped which will reduce light spread onto adjacent areas. In addition, all site lighting will be designed in accordance with the standards of the City of Fresno Department of Public Works and hood/directed so as not to annoy nearby properties. Compliance with City lighting standards will ensure that the Project would not create a new source of substantial light or glare which would affect day or nighttime views in the area. Therefore, light and glare impacts of the Culture and Arts Center are considered less than significant, and the Project would not result in any aesthetic impacts beyond those analyzed in MEIR SCH No. 2012111015. II. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The proposed Project is located within the boundaries of the FPU campus. The campus and surrounding areas are identified as Urban and Built-Up Land on the Fresno County Important Farmland 2016 map (Rural Land Mapping Edition, Sheet 2 of 2) (DOC 2018). The nearest piece of Prime Farmland is located approximately one-half mile to the southeast. The Project would not convert any farmland pursuant to the Farmland Mapping and Monitoring Program of the Californ ia Resources Agency to a non-agricultural use. No impact would occur. b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 32 of 84 Fresno Pacific University Culture and Arts Center No Impact. As noted under item “a” above, the Project is located within the boundaries of the FPU campus. The Project site is zoned PI – Public and Institutional Use and no Williamson Act Contracts are in place on any of the Project site parcels or adjacent areas. The site is currently developed with student housing and single-family homes that will be relocated or demolished to accommodate construction of the proposed Culture and Arts Center. Therefore, the proposed Project would not conflict with zoning for agricultural use or a Williamson Act Contract. No impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. The City of Fresno Zoning Map does not have any lands zoned forest or timberland. Thus, no impact would occur regarding conflicts with existing zoning for forest lands, timberlands, or timberland zoned Timberland Production (City of Fresno 2020). d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. No forest lands are within the City of Fresno. The proposed Project would not result in the loss of forest land or conversion of forest land to non-forest use. Therefore, no impact is identified for this issue area. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. Refer to items “b)”, “c)” and “d)” above. The proposed Project would not result in any agriculture and forestry resource environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to the following determinations. Would the Project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. As part of its enforcement responsibilities, the U.S. Environmental Protection Agency requires each state with nonattainment areas to prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the federal standards. The SIP must integrate federal, state, and local plan components and regulations to identify specific measures to reduce pollution in areas that do not meet federal and/or state air quality standards (nonattainment areas), using a combination of performance standards and market-based programs. Similarly, under State law, the California Clean Air Act (CAA) requires an air quality attainment plan to be prepared for areas designated as nonattainment with regard to the federal and state ambient air quality Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 33 of 84 Fresno Pacific University Culture and Arts Center standards. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date. The Project site lies within the boundaries of the San Joaquin Valley Air Basin (SJVAB) and is in nonattainment for exceeding state and federal criteria pollutant levels. The SJVAB is under the jurisdiction of the SJVAPCD. Pursuant to the federal CAA, the SJVAPCD is required, to reduce emissions of criteria pollutants for which the SJVAB is in nonattainment. In order to reduce of criteria pollutants for which the SJVAB is in nonattainment, the SJVAPCD prepared the 2004 Extreme Ozone Attainment Demonstration Plan and 2013 Plan for the Revoked 1-Hour Ozone Standard, 2007 Ozone Plan, 2009 Reasonably Available Control Technology Demonstration for Ozone State Implementation Plan, 2016 Plan for the 2008 8-Hour Ozone Standard and 2016 Moderate Area Plan for the 2012 PM2.5 Standard. These plans collectively address the air basin’s nonattainment status with the national and state ozone standards as well as particulate matter by establishing a program of rules and regulations directed at reducing air pollutant emissions and achieving state (California) and national air quality standards. Pollutant control strategies are based on the latest scientific and technical information and planning assumptions, updated emission inventory methodologies for various source categories, and the latest population growth projections and associated vehicle miles traveled projections for the region. SJVAPCD’s latest population growth forecasts were defined in consultation with local governments and with reference to local general plans. A project conforms with the SJVAPCD air quality plans if it complies with all applicable district rules and regulations, does not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality violations, and is consistent with the growth forecasts in the applicable plans. The proposed Project would not increase the number of residents in the area and would not increase the number of students attending FPU. The Project is proposing the development of a 26,758 SF Culture and Arts Center for students, facility and residents of the surrounding area and thus would not conflict with the growth forecasts in the applicable plans. Construction Generated Emissions Construction-generated emissions associated with the proposed Project were calculated using the CARB-approved CalEEMod computer program, which is designed to model emissions for land use development projects, based on typical construction requirements. (Refer to Attachment B of this document more information regarding the construction assumptions, including construction equipment and duration, used in this analysis). The SJVAPCD’s (2015) Guidance for Assessing and Mitigation Air Quality Impacts identifies significance thresholds for ROG, CO, and NOX, SO2, PM10, and PM2.5. Table AIR-1 summarizes the predicted maximum daily construction-generated emissions for the proposed Project compared with SJVAPCD thresholds. As shown in Table AIR-1, Project construction would not generate emissions that would exceed SJVAPCD significance thresholds and therefore would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality violation s. As shown in Table 1, construction-generated emissions would not exceed SJVAPCD significance thresholds. In addition to the SJVAPCD criteria air pollutant thresholds, SJVAPCD Rule 9510, Indirect Source Review, aims to fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans. This rule applies to various construction projects, including projects proposing Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 34 of 84 Fresno Pacific University Culture and Arts Center 9,000 square feet of educational space. Thus, Rule 9510 applies to the proposed Culture and Arts Center. This rule also applies to any transportation or transit project where construction exhaust emissions equal or exceed two tons of NOx or two tons of PM10. The project developers are required to reduce concentrations of NOx by 20 percent and PM10 by 45 percent during construction activities. Table AIR-1 Construction-Related Emissions Construction Year Maximum Pollutants (tons per year) ROG NOX CO SO2 PM10 PM2.5 Construction in the Year 2020 0.2 2.0 1.3 0.0 0.5 0.3 Construction in the Year 2021 1.0 4.2 4.2 0.0 0.3 0.2 Construction in the Year 2022 0.3 2.1 2.5 0.0 0.1 0.1 SJVAPCD Potentially Significant Impact Threshold 10 10 100 27 15 15 Exceed SCAQMD Regional Threshold? No No No No No No Source: ECORP 2020a. SJVAPCD Rule 9510 requires that an Air Impact Assessment (AIA) be prepared detailing the specific construction requirements (i.e., equipment required, hours of use, etc.) and operational characteristics associated with the proposed Project. In accordance with this rule, emissions of NOX from construction equipment greater than 50 horsepower used or associated with the development project must be reduced by 20 percent from baseline (unmitigated) emissions and PM10 emissions by 45 percent. The Project must also demonstrate compliance with Rule 9510, including payment of all applicable fees prior to issuance of the first building permit. Examples of measures required to reduce emissions attributable to the proposed Project in compliance with Rule 9510 include, but are not limited to, the following: • During all construction activities, all diesel-fueled construction equipment including, but not limited to, rubber-tired dozers, graders, scrapers, excavators, asphalt paving equipment, cranes, and tractors shall be California Air Resources Board (CARB) Tier 4 Certified as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations. • All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. Equipment maintenance records shall be kept on-site and made available upon request by the SJVAPCD or the City of Fresno. • The Project applicant shall comply with all applicable SJVAPCD rules and regulations. Copies of any applicable air quality permits and/or monitoring plans shall be provided to the City. Table AIR-2 summarizes construction-related emissions after applying the Rule 9510 measures. Table AIR-2 Construction Related NOx & PM10 Emissions - Baseline and Mitigated (tons per year) Construction NOx Baseline NOx Mitigated Percent Reduction Total Construction 8.3 1.0 156% SJVAPCD Rule 9510 NOx Reduction Target 20% Construction PM10 Baseline PM10 Mitigated Percent Reduction Total Construction 0.9 0.2 127% SJVAPCD Rule 9510 PM10 Reduction Target 45% Source: CalEEMod version 2013.2.2. See Attachment B for emission outputs in ECORP 2020a. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 35 of 84 Fresno Pacific University Culture and Arts Center Operational Emission Impacts Implementation of the Project would result in long-term operational emissions of criteria air pollutants such as PM10, PM2.5, CO, and SO2 as well as ozone precursors such as ROG and NOX. Project- generated increases in emissions would be predominantly associated with motor vehicle use. Operational air pollutant emissions were based on the Project site plans and the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). Table AIR-3 summarizes long-term operational emissions attributable to the Project compared to the regional operational significance thresholds promulgated by the SJVAPCD. Table AIR-3 Operational-Related Emissions (Regional Significance Analysis) Construction Year Maximum Pollutants (tons per year) ROG NOX CO SO2 PM10 PM2.5 Annual (Maximum Tons per Year) Area Source 0.1 0.0 0.0 0.0 0.0 0.0 Energy Use 0.0 0.0 0.0 0.0 0.0 0.0 Mobile Source 0.1 1.0 0.8 0.0 0.2 0.1 Total 0.2 1.0 0.8 0.0 0.2 0.1 SJVAPCD Significance Threshold 10 10 15 15 100 27 Exceed SJVAPCD Threshold? No No No No No No Source: CalEEMod version 2016.3.2. Refer to Appendix A of Attachment B for Model Data Outputs in ECORP 2020a. Notes: Emissions projections account for 296 vehicle trips per day according to the traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). As shown in Table AIR-3 Project operations would not generate emissions that would exceed SJVAPCD significance thresholds and therefore would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality viol ations. Nevertheless, the proposed Project is still subject to Rule 9510 and would be required to consult with the SJVAPCD regarding the specific applicability of Rule 9510 in relation to Project operations. SJVAPCD Rule 9510 requires that a detailed AIA be prepared detailing the operational characteristics associated with the proposed Project. In accordance with this rule, operational emissions of NOx shall be reduced by a minimum of 33.3 percent. (Emissions reductions are in comparison to the Project’s operational baseline emissions presented in Table AIR-3.) The Project would demonstrate compliance with Rule 9510, including payment of all applicable fees, before issuance of the first building permit. For these reasons, the Project would not conflict with or obstruct implementation of any applicable air quality plan during either construction or operation. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 36 of 84 Fresno Pacific University Culture and Arts Center Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s individual emissions exceed its identified significance thresholds, the project would be cumulatively considerable. Projects that do not exceed significance thresholds would not be considered cumulative considerable. A portion of the proposed Project’s air quality impacts are attributable to construction activities while the majority of the long-term air quality impacts are due to the operation of motor vehicles traveling to and from the site. For purposes of impact assessment, air quality impacts have been separated into construction impacts and operational impacts. Construction Emission Impacts Construction-generated emissions are temporary and short-term but have the potential to represent a significant air quality impact. Three basic sources of short-term emissions will be generated through construction of the proposed Project: operation of the construction vehicles (i.e., excavators, trenchers, dump trucks); the creation of fugitive dust during clearing and grading; and the use of asphalt or other oil-based substances during paving activities. Construction activities such as excavation and grading operations, construction vehicle traffic, and wind blowing over exposed soils generate exhaust emissions and fugitive PM emissions that affect local air quality at various times during construction. Effects would be variable depending on the weather, soil conditions, the amount of activity taking place, and the nature of dust control efforts. The dry climate of the area during the summer months creates a high potential for dust generation. Construction activities would be subject to SJVAPCD Regulation VIII Fugitive Dust Control, which specifies the following measures to control fugitive dust: • Apply water to unpaved surfaces and areas. • Use nontoxic chemical or organic dust suppressants on unpaved roads and traffic areas. • Limit or reduce vehicle speed on unpaved roads and traffic areas to a maximum 15 miles per hour. • Maintain areas in a stabilized condition by restricting vehicle access. • Install wind barriers. • During high winds, cease outdoor activities that disturb the soil. • Keep bulk materials sufficiently wet when handling. • Store and handle materials in a three-sided structure. • When storing bulk materials, apply water to the surface or cover the storage pile with a tarp. • Do not overload haul trucks. Overloaded trucks are likely to spill bulk materials. • Cover haul trucks with a tarp or other suitable cover. Or, wet the top of the load enough to limit visible dust emissions. • Clean the interior of cargo compartments on emptied haul trucks prior to leaving a site. • Prevent track-out by installing a track-out control device. • Clean up track-out at least once a day. If along a busy road or highway, clean up track-out immediately. • Monitor dust-generating activities and implement appropriate measures for maximum dust control. Construction-generated emissions are short-term and of temporary duration, occurring only during construction. However, construction-generated emissions would be considered a significant air quality impact if the volume of pollutants generated exceeds the SJVAPCD’s thresholds of significance. As shown in Table AIR-1 Construction-Related Emissions, under Item a) above, construction-generated emissions would not exceed SJVAPCD significance thresholds. As Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 37 of 84 Fresno Pacific University Culture and Arts Center demonstrated in Table AIR-2, compliance with Rule 9510 has the potential to reduce total NOx emissions by 156 percent and total PM10 emissions by 127 percent, which is beyond the reduction needed to achieve the SJVAPCD Rule 9510 target. Therefore, criteria pollutant emissions generated during Project construction would not result in a violation of air quality standards. Operational Emission Impacts As discussed under item a) above, i mplementation of the Project would result in long-term operational emissions of criteria air pollutants such as PM10, PM2.5, CO, and SO2 as well as ozone precursors such as ROG and NOX predominantly generated by motor vehicle use. Table AIR-3 Operational-Related Emissions (Regional Significance Analysis), under item a) above, summarizes the long-term operational emissions attributed to the Project compared to the regional operational significance thresholds promulgated by the SJVAPCD. As shown in Table AIR-3, operations- generated emissions would not exceed SJVAPCD significance thresholds. Nevertheless, the proposed Project is still subject to Rule 9510 and would be required to consult with the SJVAPCD regarding the specific applicability of Rule 9510 in relation to Project operations. In accordance with Rule 9510, the Project applicant would be required to prepare a detailed Air Quality Impact Assessment (AIA) for submittal to the SJVAPCD demonstrating the reduction from the Project’s baseline of NOx emissions by 33.3 percent. As operations-generated emissions would not exceed SJVAPCD significance thresholds and compliance with Rule 9510 is mandatory, criteria pollutant emissions generated during Project operations would not result in a violation of air quality standards. Impacts to an applicable air quality standard are considered less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The California Air Resources Board (CARB) has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The sensitive receptors surrounding the Project site are residents to the north and west, the Butler Church to the east, and FPU and residents to the south. Construction Generated Air Contaminants Construction-related activities would result in temporary, short-term proposed Project-generated emissions of diesel particulate matter (DPM), ROG, NOx, CO, and PM10 from the exhaust of off-road, heavy-duty diesel equipment for site preparation (e.g., clearing, grading); soil hauling truck traffic; paving; and other miscellaneous activities. However, as shown in Table AIR-1 Construction-Related Emissions under item a) above, the Project would not exceed the SJVAPCD emission thresholds. The portion of the SJVAB that encompasses the Project area is designated as a nonattainment area for state standards of O3, PM10 and PM2.5 while also being designated as a nonattainment area for federal standards of O3 and PM2.5 (CARB 2018a in ECORP 2020a). Thus, existing these levels in the SJVAB are at unhealthy levels during certain periods. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 38 of 84 Fresno Pacific University Culture and Arts Center Ozone The health effects associated with O3 are generally associated with reduced lung function. Because the Project would not involve construction activities that would result in O3 precursor emissions (ROG or NOx) in excess of the SJVAPCD thresholds, the Project is not anticipated to substantially contribute to regional O3 concentrations and the associated health impacts. Carbon Monoxide CO tends to be a localized impact associated with congested intersections. In terms of adverse health effects, CO competes with oxygen, often replacing it in the blood, reducing the blood’s ability to transport oxygen to vital organs. The results of excess CO exposure can include dizziness, fatigue, and impairment of central nervous system functions. The Project would not involve construction activities that would result in CO emissions in excess of the SJVAPCD thresholds. Thus, the Project’s CO emissions would not contribute to the health effects associated with this pollutant. Particulate Matter Particulate matter (PM10 and PM2.5) contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Particulate matter exposure has been linked to a variety of problems, including premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory sym ptoms such as irritation of the airways, coughing, or difficulty breathing. For construction activity, DPM is the primary toxic air contaminant (TAC) of concern. Particulate exhaust emissions from diesel-fueled engines (i.e., DPM) were identified as a TAC by the CARB in 1998. The potential cancer risk from the inhalation of DPM, as discussed below, outweighs the potential for all other health impacts (i.e., non-cancer chronic risk, short-term acute risk) and health impacts from other TACs. Based on the emission modeling conducted, the maximum onsite construction-related daily emissions of exhaust PM2.5, considered a surrogate for DPM, would be 0.08 pounds/day during 2020, 2021 and 2022 construction activities (see Appendix A of Attachment B). (PM2.5 exhaust is considered a surrogate for DPM because more than 90 percent of DPM is less than 1 microgram in diameter and therefore is a subset of particulate matter under 2.5 microns in diameter (i.e., PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles.) As with O3 and NOx, the Project would not generate emissions of PM10 or PM2.5 that would exceed the SJVAPCD’s thresholds. Additionally, the Project would be required to comply with SJVAPCD Regulation VIII Fugitive Dust Control described above, which limits the amount of fugitive dust generated during construction. Accordingly, the Project’s PM10 and PM2.5 emissions are not expected to cause any increase in related regional health effects for these pollutants. In summary, the Project would not result in a potentially significant contribution to regional concentrations of nonattainment pollutants and would not result in a significant contribution to the adverse health impacts associated with those pollutants. Project Operations Operation of the proposed Project would not result in the development of any substantial sources of air toxics. There are no stationary sources associated with the operations of the Project; nor would the Project attract mobile sources that spend long periods queuing and idling at the site. Thus, by its Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 39 of 84 Fresno Pacific University Culture and Arts Center very nature, the Culture and Arts Center would not be a source of TAC concentrations during operations. Naturally Occurring Asbestos Another potential air quality issue associated with construction-related activities is the airborne entrainment of asbestos due to the disturbance of naturally occurring asbestos-containing soils. The proposed Project is not located within an area designated by the State of California as likely to contain naturally occurring asbestos (Department of Conservation [DOC] 2000 in ECORP 2020a). As a result, construction-related activities would not be anticipated to result in increased exposure of sensitive land uses to asbestos. Valley Fever Coccidioidomycosis (CM), often referred to as San Joaquin Valley Fever or Valley Fever, is one of the most studied and oldest known fungal infections. Valley Fever most commonly affects people who live in hot dry areas with alkaline soil and varies with the season. This disease, which affects both humans and animals, is caused by inhalation of arthroconidia (spores) of the fungus Coccidioides immitis (CI). CI spores are found in the top few inches of soil and the existence of the fungus in most soil areas is temporary. Valley fever (Coccidioidomycosis) is found in California and is endemic to Fresno County. When soil containing this fungus is disturbed by activities such as digging or grading, by vehicles raising dust, or by the wind, the fungal spores become airborne. When people breathe the spores into their lungs, they may get valley fever. ground-disturbing activities can be partially mitigated through the control of Project-generated dust. As previously noted under items a) and b) above, Project-generated dust would be controlled by adhering to SJVAPCD dust-reducing measures (Regulation VIII Fugitive Dust Control), which includes the preparation of a SJVAPCD- approved dust control plan describing all fugitive dust control measures that are to be implemented before, during, and after any dust-generating activity. With minimal site grading and conformance with SJVAPCD Regulation VIII, dust from the construction of the Project would not add significantly to the existing exposure level of people to this fungus, including construction workers. Carbon Monoxide Hot Spots It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when idling at intersections. Concentrations of CO are a direct function of the number of vehicles, length of delay, and traffic flow conditions. Under certain meteorological conditions, CO concentrations close to congested intersections that experience high levels of traffic and elevated background concentrations may reach unhealthy levels, affecting nearby sensitive receptors. Given the high traffic volume potential, areas of high CO concentrations, or “hot spots,” are typically associated with intersections that are projected to operate at unacceptable levels of service during the peak commute hours. However, transport of this criteria pollutant is extremely limited, and CO disperses rapidly with distance from the source under normal meteorological conditions. Furthermore, vehicle emissions standards have become increasingly more stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations in the Project vicinity have steadily declined. Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard. The analysis prepared for CO attainment in the South Coast Air Quality Management District’s (SCAQMD’s) 1992 Federal Attainment Plan for Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 40 of 84 Fresno Pacific University Culture and Arts Center Carbon Monoxide in Los Angeles County can be used to demonstrate the potential for CO exceedances. The SCAQMD CO hot spot analysis was conducted for four busy intersections in Los Angeles County during the peak morning and afternoon time periods. The intersections evaluated included Long Beach Boulevard and Imperial Highway (Lynwood), Wilshire Boulevard and Veteran Avenue (Westwood), Sunset Boulevard and Highland Avenue (Hollywood), and La Cienega Boulevard and Century Boulevard (Inglewood). The busiest intersection evaluated was at Wilshire Boulevard and Veteran Avenue, which has a traffic volume of approximately 100,000 vehicles per day. The Los Angeles County Metropolitan Transportation Authority evaluated the level of service (LOS) in the vicinity of the Wilshire Boulevard/Veteran Avenue intersection and found it to be LOS E at peak morning traffic and LOS F at peak afternoon traffic (LOS E and F are the two least efficient traffic LOS ratings). Even with the inefficient LOS and volume of traffic, the CO analysis concluded that there was no violation of CO standards (SCAQMD 1992). According to the Traffic Impact Assessment prepared for the Project (JLB Traffic Engineering, Inc. 2020) (Attachment D), the Project is anticipated to generate approximately 296 daily trips on average. Because the proposed Project would not generate traffic volumes at any intersection of more than 100,000 vehicles per day, there is no likelihood of the Project traffic exceeding CO values. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less than Significant Impact. Odors are typically regarded as an annoyance rather than a health hazard. However, manifestations of a person’s reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory, and respiratory effects, nausea, vomiting, and headache). With respect to odors, the human nose is the sole sensing device. The ability to detect odors varies considerably among the population and overall is quite subjective. Quality and intensity are two properties present in any odor. Some individuals can smell minute quantities of specific substances; others may not have the same sensitivity but may have sensitivities to odors of other substances. In addition, people may have different reactions to the same odor; in fact, an odor that is offensive to one person (e.g., from a fast-food restaurant) may be perfectly acceptable to another. It is also important to note that an unfamiliar odor is more easily detected and is more likely to cause complaints than a familiar one. When an odorous sample is progressively diluted, the odorant concentration decreases. As this occurs, the odor intensity weakens and eventually becomes so low that the detection or recognition of the odor is quite difficult. At some point during dilution, the concentration of the odorant reaches a detection threshold. An odorant concentration below the detection threshold means that the concentration in the air is not detectable by the average human. Project Construction During construction, the proposed Project presents the potential for generation of objectionable odors in the form of diesel exhaust in the immediate vicinity of the site. However, these emissions are short term in nature and will rapidly dissipate and be diluted by the atmosphere downwind of the emission sources. Additionally, odors would be localized and generally confined to the construction area. Project Operations Land uses commonly considered to be potential sources of obnoxious odorous emissions include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The proposed Project does not include any uses identified as being associated with odors. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 41 of 84 Fresno Pacific University Culture and Arts Center Overall, the Project would not generate any long-term odors that would adversely impact a substantial number of people. This impact is considered less than significant. IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less than Significant Impact. The proposed Project is in an urban setting within the boundaries of the FPU campus. The urbanized area has been developed and disturbed for over 50 years and does not have any natural habitat that would serve to attract candidate, sensitive or special status species. Therefore, the proposed Project would have no impact on any species identified as a candidate, sensitive or special status species. The project does however require removal of trees and vegetation to accommodate construction of the Culture and Arts Center. If tree removal occurs during nesting season, there is potential to harm nesting birds and a pre-construction survey would be required as specified in MEIR Mitigation Measure USS-15 (Attachment E). MEIR Mitigation Measure USS-15: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat, a pre-construction survey of trees shall be conducted. If nests are found during the survey, a qualified biologist shall assess the nesting activity on the project site. If active nests are located, no construction activities shall be allowed within 250 feet of the nest until the young have fledged. If construction activities are planned during the non-breeding period (August through February), a nest survey is not necessary. Timing of Implementation: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat. Enforcement: Compliance Verified by CDFW and USFWS. With MEIR mitigation measure USS-15 incorporated, the project will not result in any biological resource impacts beyond those analyzed in MEIR SCH No. 2012111015. This impact is considered less than significant. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No Impact. The proposed Project site is in an urban setting within the boundaries of the FPU campus. The area has been developed and disturbed for over 60 years and does not have any riparian habitat or other sensitive natural community. Therefore, the proposed Project would have no impact on any riparian habitat or other sensitive natural community. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 42 of 84 Fresno Pacific University Culture and Arts Center No Impact. As discussed under items a) and b) above, the proposed Project site is in an urban setting within the boundaries of the FPU campus. The area has been developed and disturbed for over 60 years and does not have any wetlands present, and no impact would occur to a federally protected wetland. d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. Wildlife corridors are linear features that connect large patches of natural open space and provide avenues for the migration of animals. The Project site is in the City of Fresno within the boundaries of the FPU campus. The site is bordered by urban uses with no natural open space. As such, the Project site does not serve as an important wildlife corridor or habitat linkage for larger mammals and species that are limited to native habitats. Therefore, no impact regarding interfering with the movement of wildlife would occur. e) Conflict with any local policies or ordinance protecting biological resource, such as a tree preservation policy or ordinance? Less than Significant Impact. As discussed under item a) above, the proposed Project site is completely disturbed. The site includes mature trees and landscaping. A total of 51 trees will have to be removed to accommodate construction of the Culture and Arts Center . All trees are located on the Project site and no trees on City property (i.e. along East Butler Avenue) would be affected. Tree Preservation is addressed in Fresno Municipal Code Section 13-305. This section states that it is the city's policy to utilize whatever techniques, methods, and procedures are required to preserve, whenever feasible, all trees in t he city including, but not limited to, trees which are affecting surface improvements or underground facilities or which are diseased, or located wher e construction is being considered or will occur.” This section also states that the Director may issue a permit to property owners to remove or maintain a street tree if certain requirements are met . FMC 15-2308 is the Citywide Development Code provision for Trees and process for Tree Removal. None of the 51 trees proposed for removal are Heritage Trees. The proposed Project is subject to FMC and will comply with the requirements. A less than significant impact will occur with regard to conflicting with a tree preservation policy or ordinance. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The City of Fresno is not within an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan. No impact would occur. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 43 of 84 Fresno Pacific University Culture and Arts Center V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. The proposed Project is in an urban setting within the boundaries of the FPU campus. The area has been developed and disturbed for over 60 years. Existing development on the site includes student housing (five duplexes), one garage and four single-family homes. The original construction dates for the four single-family homes according to the Fresno County Assessor are as follows: 4383 East Butler Avenue (APN 473-061-01), 1962; 4846 East Butler Avenue (APN 473- 061-02), 1957; 4845 East Townsend Avenue (APN 473-061-09), 1956; and 4837 East Townsend (APN 473-061-10), 1957. Because the construction dates for these homes are greater than 50 years of age, they each meet the threshold for consideration of historic designation. Each of the homes is an example of the tract homes built in the late 1950’s and early 1960’s, thousands of which exist throughout Fresno. Upon initial review, none of these homes appear to be eligible for National, California, or Local Register listing as they possess no outstanding features, unique design or architectural distinctives. The Willey Giffen Home at 4824 East Butler Avenue, to the south of the Project site, was constructed in 1926 and given a Historic Property Number (HP #081). The home was previously evaluated and determined eligible for listing in the Local Register of Historic Resources in 1979 by the City’s Historic Preservation Commission. The home appears to retain historic integrity and eligibility for the Local Register of Historic Resources. The Project would not require demolition of this potential historic resource or otherwise diminish the integrity of the Willey Giffen Home. Therefore, no impact to a historical resource would occur in association with the proposed Project. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? No Impact. The Project site and surrounding areas have been extensively disturbed by construction of the existing student housing and single-family residences. The deepest excavations would be associated with construction of the temporary detention basin in the southwest portion of the site. The basin would be 24-inches in depth and require removing 8,370 cubic feet of earth and installation of a line connecting the basin to a 24-inch storm drain main in East Butler Avenue. The line would be 36-inches below the bottom of the basin (5-feet below ground surface). Any subsurface archaeology, if present, would have likely been disturbed and would no longer remain intact. However, if previously unknown resources are encountered during construction, MEIR Mitigation Measure CUL-1 shall be implemented (Attachment E): MEIR Mitigation Measure CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 44 of 84 Fresno Pacific University Culture and Arts Center If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of th e discovery until the Lead Agency approves the measures to protect these. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person capable of providing long-term preservation to allow future scientific study. Timing of Implementation: Prior to commencement of, and during, construction activities. Enforcement: Planning and Development Department With MEIR mitigation measure CUL-1 incorporated, the project will not result in any cultural resource impacts beyond those analyzed in MEIR SCH No. 2012111015. Therefore, no impact is identified regarding an archeological resource. c) Disturb any human remains, including those interred outside of dedicated cemeteries? No Impact. As described in item a) above, it is not likely that human remains would be found on the Project site based on prior disturbance of the site to develop the existing student housing and single-family homes. In the unlikely event that human remains are discovered, MEIR mitigation measure CUL-4 would be implemented (Attachment E): MEIR Mitigation Measure CUL-4: In the event human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Timing of Implementation: Prior to commencement of, and during, construction activities. Enforcement: Planning and Development Department. With MEIR mitigation measure CUL-4 incorporated, the project will not result in any cultural resource impacts beyond those analyzed in MEIR SCH No. 2012111015. No impact would occur. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 45 of 84 Fresno Pacific University Culture and Arts Center VI. ENERGY a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Less than Significant Impact. The Energy discussion in this section is based on the Energy Memorandum prepared by ECORP Environmental Consulting, Inc. (ECORP 2020b). Energy consumption is analyzed due to the potential direct and indirect environmental impacts associated with the Project. Such impacts include the depletion of nonrenewable resources (oil, natural gas, coal, etc.) during both the construction and long-term operational phases. Energy Types and Sources California relies on a regional power system comprised of a diverse mix of natural gas, renewable, hydroelectric, and nuclear generation resources. Natural gas provides California with a majority of its electricity followed by renewables, large hydroelectric and nuclear (CEC 2018 in ECORP 2020b). The Pacific Gas and Electr ic Company (PG&E) provides electricity and natural gas to the City of Fresno. It generates or buys electricity from hydroelectric, nuclear, renewable, natural gas, and coal facilities. PG&E provides natural gas and electricity to most of the northern two -thirds of California, from Bakersfield and Barstow to near the Oregon, Nevada, and Arizona State Line. It provides 5.2 million people with electricity and natural gas across 70,000 square miles. In 2017, PG&E announced that 80 percent of the company's delivered electricity comes from Greenhouse Gas (GHG)-free sources, including renewables, nuclear, and hydropower. Energy Consumption Electricity use is measured in kilowatt-hours (kWh), and natural gas use is measured in therms. Vehicle fuel use is typically measured in gallons (e.g. of gasoline or diesel fuel), although energy use for electric vehicles is measured in kWh. The electricity consumption associated with all non-residential uses in Fresno County from 2014 to 2018 is shown in Table ENG-1. As indicated, the demand has remained constant since 2014. Table ENG-1 Non-Residential Electricity Consumption in Fresno County 2014-2018 Year Electricity Consumption (kilowatt hours) 2018 4,907,627,753 2017 4,641,655,361 2016 4,962,678,732 2015 5,012,233,259 2014 4,981,363,605 Source: ECDMS 2019 in ECORP 2020b. Table ENG-2 summarizes the natural gas consumption associated with all non-residential uses in Fresno County from 2014 to 2018. As shown, the demand has increased since 2014. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 46 of 84 Fresno Pacific University Culture and Arts Center Table ENG-2 Non-Residential Natural Gas Consumption in Fresno County 2014-2018 Year Natural Gas Consumption (therms) 2018 245,996, The overall total of both on-site parking and parking at Butler Church is 143 stalls. This exceeds the required number of 123 stalls by 20. 2017 238,870,384 2016 187,421,155 2015 202,520,120 2014 200,372,785 Source: ECDMS 2019 in ECORP 2020b. Table ENG-3 summarizes automotive fuel consumption in Fresno County from 2015 to 2019. As shown, fuel consumption has increased slightly between 2015 and 2019. Table ENG-3 Automotive Fuel Consumption in Fresno County 2015-2019 Year Total Fuel Consumption (gallons) 2019 543,845,188 2018 550,087,720 2017 555,088,621 2016 561,997,488 2015 540,947,408 Source: CARB 2017 in ECORP 2020b. Methodology Levels of construction and operation-related energy consumption estimated to be consumed by the Project include the number of kilowatt hours (kWh) of electricity, therms of natural gas and gallons of gasoline. Modeling was based on Project-specific information such as the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020) and Project site plans. Energy consumption estimates were calculated using the California Emissions Estimator Model (CalEEMod), version 2016.3.2. CalEEMod is a statewide land use computer model designed to quantify resources associated with both construction and operations from a variety of land use projects. The impact analysis focuses on the four sources of energy that are relevant to the proposed Project: electricity, natural gas, the equipment-fuel necessary for Project construction, and the automotive fuel necessary for Project operations. Addressing energy impacts requires an agency to decide as to what constitutes a significant impact. There are no established thresholds of significance, statewide or locally, for what constitutes a wasteful, inefficient, and unnecessary consumption of energy for a proposed land use project. For this analysis, the amount of electricity and natural gas estimated to be consumed by the Project is quantified and compared to that consumed by all land uses in Fresno County. Similarly, the amount of fuel necessary for Project construction and operations is calculated and compared to that consumed in Fresno County. The analysis of electricity gas usage is based on CalEEMod modeling conducted by ECORP Consulting (see May 2020 Emissions Memorandum) (Attachment C), which quantifies energy use for Project operations. The amount of operational automotive fuel use was estimated using the CARB’s EMFAC2017 computer program, which provides projections for typical daily fuel usage in Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 47 of 84 Fresno Pacific University Culture and Arts Center Fresno County. The amount of total construction-related fuel use was estimated using ratios provided in the Climate Registry’s General Reporting Protocol for the Voluntary Reporting Program, Version 2.1. Table ENG-4 summarizes energy consumption associated with the proposed Project. Operations of the proposed Culture and Arts Center would include electricity and natural gas usage associated with lighting, space and water heating, and landscape maintenance activities. As shown in Table ENG-4, the annual electricity consumption due to operations would be 236,006 kilowatt- hours resulting in an approximate 0.004 percent increase in the typical annual electricity consumption attributable to all non-residential uses in Fresno County. However, this is potentially a conservative estimate. Table ENG-4 Proposed Project Energy and Fuel Consumption Energy Type Annual Energy Consumption Percentage Increase Countywide Electricity Consumption1 236,006 kWh 0.004 percent Natural Gas1 5,584 therms 0.002 percent Automotive Fuel Consumption Project Construction 20202 22,365 gallons 0.004 percent Project Construction 20212 63,054 gallons 0.011 percent Project Construction 20222 36,158 gallons 0.006 percent Project Operations3 42,633 gallons 0.007 percent Source: 1CalEEMod; 2Climate Registry 2016; 3EMFAC2017 (CARB 2017) in ECORP 2020b. Notes: The Project increases in electricity and natural gas consumption are compared with all of the non-residential buildings in Fresno County in 2018, the latest data available. The Project increases in automotive fuel consumption are compared with the countywide fuel consumption in 2019, the most recent full year of data. In September 2018. Governor Jerry Brown Signed Executive Order (EO) B-55-18 establishing a new statewide goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” Carbon neutrality refers to achieving a net zero CO2 emissions. This can be achieved by reducing or eliminating carbon emissions, balancing carbon emissions with carbon removal, or a combination of the two. This goal is in addition to existing statewide targets for GHG emission reduction. EO B-55-18 requires CARB to “work with relevant state agencies to ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.” Furthermore, the Project increases in natural gas usage, 0.002 percent, across all non-residential uses in the County would also be negligible. For these reasons, the Project would not result in the inefficient, wasteful, or unnecessary consumption of building energy. Fuel necessary for Project construction would be required for the operation and maintenance of construction equipment and the transportation of materials to the Project site. The fuel expenditure necessary to construct the Culture and Arts Center building and supporting infrastructure would be temporary, lasting only as long as Project construction. As further indicated in Table ENG-4, the Project’s gasoline fuel consumption during the one-time construction period is estimated to be 22,365 gallons of fuel during 2020 construction; 63,054 gallons of fuel during 2021 construction; and 36,158 gallons of fuel during 2022 construction. This would increase the annual countywide gasoline fuel use in Fresno County by 0.004 percent; 0.011 percent and 0.006 percent, respectively. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 48 of 84 Fresno Pacific University Culture and Arts Center As such, Project construction would have a nominal effect on local and regional energy supplies. No unusual Project characteristics would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or the state. Construction contractors would purchase their own gasoline and diesel fuel from local suppliers and would judiciously use fuel supplies to minimize costs due to waste and subsequently maximize profits. Additionally, construction equipment fleet turnover and increasingly stringent state and federal regulations on engine efficiency combined with state regulations limiting engine idling times and requiring recycling of construction debris, would further reduce the amount of transportation fuel demand during Project construction. For these reasons, it is expected that construction fuel consumption associated with the Project would not be any more inefficient, wasteful, or unnecessary than other similar development projects of this nature. Per the Traffic Impact Analysis prepared by JLB Traffic Engineering, Inc. (2020), the Project is estimated to generate a maximum of 296 daily trips. As shown in Table ENG-4, the maximum construction trips would consume approximately 42,633 gallons of automotive fuel per year This would increase the annual countywide automotive fuel consumption by 0.007 percent. The amount of operational fuel use was estimated using CARB’s EMFAC2017 computer program, which provides projections for typical daily fuel usage in Fresno County. This analysis conservatively assumes that all of the automobile trips projected to arrive at the Project during operations would be new to Fresno County. Further, a liberal approach was taken for vehicle trip estimation to ensure potential impacts due to operational gasoline usage were adequately accounted. Fuel consumption associated with vehicle trips generated by the Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. This impact is considered less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency. No Impact. The Project would be designed in a manner that is consistent with relevant energy conservation plans and standards designed to encourage development that results in the efficient use of energy resources. The Project will be built to the Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6, of the California Code of Regulations (Title 24). Title 24 was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years; the 2013 standards became effective July 1, 2014. The 2016 Title 24 updates went into effect on January 1, 2017. The 2019 Energy Standards improve upon the 2016 Energy Standards for new construction of, and additions and alterations to, residential and nonresidential buildings. The 2019 update to the Energy Standards focuses on several key areas to improve the energy efficiency of newly constructed buildings and additions and alterations to existing buildings. The 2019 Energy Standards are a major step toward meeting Zero Net Energy. Buildings permitted on or after January 1, 2020, must comply with the 2019 Standards. Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments. Additionally, in January 2010, the State of California adopted the California Green Building Standards Code (CalGreen) establishing mandatory green building standards for all buildings in California. The code was subsequently updated in 2013. The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and indoor environmental quality. Furthermore, the Project would also be consistent with the City’s General Plan, specifically Objective RC-8 which strives to reduce the consumption of non- Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 49 of 84 Fresno Pacific University Culture and Arts Center renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources. Therefore, the proposed Project would no conflict with or obstruct a state or local plan for renewable energy or energy efficiency . No impact would occur. The proposed Project would be designed in accordance with State -mandated building codes to meet minimum efficiency standards related to various building features, including space heating, and cooling equipment, building insulation and roofing, and lighting. Implementation of these standards significantly increases energy savings. Compliance with State mandated code requirements and conservation requirements in the Energy Code and CALGreen ensure that the Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources. In conclusion, with MEIR mitigation measures incorporated, the project will not result in any energy impacts beyond those analyzed in MEIR SCH No. 2012111015. VII. GEOLOGY AND SOILS Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i.) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? No Impact. According to the City of Fresno General Plan and Development Code Upd ate Master Environmental Impact Report (MEIR) (2014), there are no major active faults or fault zones within the City’s Planning Area. The MEIR also states that the Alquist-Priolo Earthquake Fault Zoning Act does not apply within the City of Fresno because no active faults cross the Planning Area (First Carbon Solutions 2014, p. 5.6-9). Thus, no impact is associated with a known earthquake fault. ii.) Strong Seismic ground shaking? Less than Significant Impact. The Project is subject to ground shaking in the event of an earthquake along faults in the region including the Great Valley Fault Zone or the Nunez Fault. To minimize damage, development must be designed to withstand strong ground shaking to comply with the California Building Code (CBC). The General Plan Update and City of Fresno Municipal Code also includes Objective NS‐2 (Minimize risks of property damage and personal injury posed by geologic and seismic risks ) and Policy NS‐2‐a (Seismic Protection. Ensure seismic protection is incorporated into new and existing construction, consistent with the Fresno Municipal Code) to reduce ground-shaking impacts (First Carbon Solutions, 2014 p. 5.6-19). With the implementation of the above objective and policy, as well as adherence to Municipal Code Section 12‐1022, which requires preparation of a Soils Report which will be used as a basis to design the building and related improvements consistent with state and federal standards. The proposed Project must comply with mandatory seismic safety standards proven effective in reducing seismic safety impacts to a level of insignificance. With Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 50 of 84 Fresno Pacific University Culture and Arts Center mandatory compliance with seismic safety standards, potential seismic ground shaking impacts would be reduced to less than significant and the proposed Project would not result in impacts from strong seismic ground shaking beyond those analyzed in ME IR SCH No. 2012111015. iii.) Seismic-related ground failure, including liquefaction? Less than Significant Impact. The Project site is currently developed as evidenced by the existing structures that will be removed or demolished. Liquefaction occurs when granular soil below the water table is subjected to vibratory motions, such as those produced by earthquakes. A Geotechnical Report is not required for the Project. However, Fresno Municipal Code Section 12‐1022 requires the preparation of a Soils Report identifying potential site‐specific soil issues, foundation support and grading parameters. Compliance with the findings and recommendations of the Soils Report would reduce any se ismic-related ground failure impacts. In addition, all development is required to adhere to the adopted Uniform Building Code (UBC) which will ensure that no seismic safety, soil erosion or other soil-related impacts are mitigated. Therefore, impacts associated with liquefaction are considered less than significant. iv.) Landslides? No Impact. The Project site is flat and has been previously developed with student housing and single-family residential uses. Based on the flat topography of the site, no impact would occur regarding landslides. b) Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. The proposed Project site is on two soils types: Greenfield sandy loam, 0 to 3 percent slopes (western portion) and Ramona loam (on the eastern portion). Construction of the proposed Project would result in site preparation activities including removing existing structures, trees, landscaping, grading, and trenching. As noted in the discussion of item “aiii)” Fresno Municipal Code Section 12‐1022 requires the preparation of a Soils Report identifying potential site‐specific soil issues, foundation support and grading parameters. The findings of the report would be incorporated into the design as required by the Code. In addition, Fresno Municipal Code Section 12‐1023, Grading and Erosion Control, requires every approved map to be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off ‐site property, set forth in Appendix Chapter 70 of the Uniform Building Code, 1973 Edition, Volume I, as adopted and amended by the city. Compliance with these policies and with other pertinent regulations will ensure that potential soil erosion impacts, or the potential loss of topsoil, would be less than significant. Additionally, the Project’s construction activities would be subject to a General Construction Activity Stormwater National Pollution Discharge System (NPDES) permit which would cover clearing, grading, excavating, and general disturbances to the ground (FCS 2014 p. 5.9-7). A Stormwater Pollution Prevention Plan (SWPPP) is required for the issuance of a General Construction Activity Stormwater NPDES permit and typically includes the implementation of structural and non‐structural Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 51 of 84 Fresno Pacific University Culture and Arts Center Best Management Practices (BMPs) (e.g. watering to control dust, minimizing the amount of soil exposed during construction activity, installing silt fencing to prevent soil transport off site) to reduce impacts related to surface water quality. Therefore, impacts regarding substantial soil erosion or the loss of topsoil would be less than significant. c) Be located on a geologic unit or soil that is unstable or that would become unstable as a result of the project, and potentially result in on- or off-site landslides, lateral spreading, subsidence, liquefaction, or collapse? No Impact. The Project site is in a developed area with flat topography. No potential for landslide is present. The Soils Report, as required by Municipal Code Section 12‐1022, will identify potential site‐specific soil issues. However, given that the existing development on the site does not evidence any sign of damage from shrink-swell or lateral spreading, subsidence, liquefaction or collapse, no impact is anticipated. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact. As previously noted in item “b)” the Project site includes two soil types: Greenfield sandy loam, 0 to 3 percent slopes and Ramona loam. Only the Ramona loam has a small percentage (5 percent) of clay content. The Project site has been previously developed and the proposed Project will be designed and engineered taking into consideration the soils present and the findings of the Soils Report as required by Fresno Municipal Code Section 12‐1022. Therefore, direct, and indirect risk to life and property are considered less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed Project will be served with municipal wastewater and does not propose inclusion of septic tanks or an alternative wastewater disposal system. No impact would occur. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. The Project site is urbanized and would replace existing vacant student housing and single-family residential development with a Culture and Arts Center. The Project site and surrounding areas are flat with no distinguishing geologic features. The proposed Project would involve some excavation and trenching in association with construction of the temporary detention basin and utility installation. Excavations are anticipated to be approximately 36-inches in depth. The Project site and surrounding areas have been previously disturbed in association with construction of the existing student housing and single-family homes. The General Plan Master EIR states that “excavation and/or construction activities within the Planning Area that are associated with the General Plan and Development Code Update have the Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 52 of 84 Fresno Pacific University Culture and Arts Center potential to impact paleontological/geological resources during excavation and construction activities within previously undisturbed soils. Although many areas have been previously disturbed by farming activities or previous structural development, the project could include future development that will require excavations or construction within previously undisturbed soils.” (MEIR 2014, p. 5.5-8). As noted, all soils affected by development of the proposed Culture and Arts Center have been previously disturbed. Thus, the potential to disturb unknown paleontological resources is low based on the depth of excavation and degree of prior disturbance. No unique geologic features are present on the site. Thus, no impact would occur. VIII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Greenhouse gas (GHG) emissions are released as byproducts of fossil fuel combustion, waste disposal, energy use, land use changes, and other human activities. This release of gases, such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and chlorofluorocarbons, creates a blanket around the earth that allows light to pass through but traps heat at the surface, preventing its escape into space. While this is a naturally occurring process known as the greenhouse effect, human activities have accelerated the generation of GHGs beyond natural levels. The overabundance of GHGs in the atmosphere has led to an unexpected warming of the earth and has the potential to severely impact the earth’s climate system. Each GHG differs in its ability to absorb heat in the atmosphere based on the lifetime, or persistence, of the gas molecule in the atmosphere. CH4 traps over 25 times more heat per molecule than CO2, and N2O absorbs 298 times more heat per molecule than CO2. Often, estimates of GHG emissions are presented in carbon dioxide equivalents (CO2e). Expressing GHG emissions in carbon dioxide equivalents takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted. The local air quality agency regulating the SJVAB is the SJVAPCD, the regional air pollution control officer for the basin. To provide guidance to local lead agencies on determining significance for GHG emissions in CEQA documents, the SJVAPCD provides a tiered approach in assessing significanc e of project specific GHG emission increases as shown below. Projects complying with an approved GHG emission reduction plan or GHG mitigation program which avoids or substantially reduces GHG emissions within the geographic area in which the project is locate would be determined to have a less-than-significant individual and cumulative impact for GHG emissions. Such plans or programs must be specified in law or approved by the lead agency with jurisdiction over the affected resource and supported by a CEQA-compliant environmental review document adopted by the lead agency. Projects complying with an approved GHG emission reduction plan or GHG mitigation program would not be required to implement Best Performance Standards (BPS). Projects implementing BPS would not require quantification of project-specific GHG emissions. Consistent with CEQA Guidelines, such projects would be determined to have a less-than- significant individual and cumulative impact for GHG emissions. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 53 of 84 Fresno Pacific University Culture and Arts Center Projects not implementing BPS would require quantification of project-specific GHG emissions and demonstration that project-specific GHG emissions would be reduced or mitigated by at least 29 percent, and compared to Business -as-Usual (BAU), including GHG emission reductions achieved since the 2002-2004 baseline period, consistent with GHG emission reduction targets est ablished in the 2017 Scoping Plan. Projects achieving at least a 29 percent GHG emission reduction compared to BAU would be determined to have a less-than-significant individual and cumulative impact for GHGs. In terms of approved GHG emission reduction plans, the Fresno Greenhouse Gas Reduction Plan (GHG Plan) was required as a policy in the Fresno General Plan and adopted as an appendix to the General Plan Master EIR in 2014. The GHG Plan includes GHG emission reduction targets, strategies, and implementation measures developed to help the City reach these targets. Reduction strategies address GHG emissions associated with land use and transportation, transportation facilities strategies, transportation demand strategies, energy conservation strategies for new and existing buildings, waste diversion and recycling and energy recovery, strategies for existing development, and municipal strategies. The GHG Plan focuses on emissions generated by activities under the control or influence of the City. Additionally, the Project site is in Fresno County where the Fresno Council of Governments (Fresno COG) serves as the Metropolitan Planning Organization (MPO). As the MPO, Fresno COG is required to produce certain documents that maintain the region's eligibility for federal transportation assistance. Fresno COG adopted its Sustainable Communities Strategy in 2014 and adopted its Regional Transportation Plan and updated Sustainable Communities Strategy in 2018. The Fresno COG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) charts a course for closely integrating land use and transportation so that the region can grow smartly and sustainably. The RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The Fresno COG region strives toward sustainability through integrated land use and transportation planning. The Fresno COG region, which encompasses the Project site, must achieve specific federal air quality standards, and is required by state law to lower regional GHG emissions. Fresno COG has been tasked by CARB to achieve a 6 percent and a 13 percent per capita reduction by 2020 and 2035, respectively (CARB 2018b). The BPS and the BAU portion of the SJVAPCD tiered approach are problematic based on the 2015 California Supreme Court Newhall Ranch decision which stated that an GHG-related impact determination based on the BAU approach is “not supported by a reasoned explanation based on substantial evidence.” For this analysis, Project GHG emissions are quantified and compared to the thresholds issued by the California Air Pollution Control Officers Association (CAPCOA), which is an association of the air pollution control officers from all 35 local air quality agencies throughout California, including the SJVAPCD. CAPCOA recommends a significance threshold of 900 metric tons annually. This threshold is based on a capture rate of 90 percent of land use development projects, which in turn translates into a 90 percent capture rate of all GHG emissions. The 900 metric ton threshold, the lowest promulgated in any region in the state, is considered by CAPCOA to be low enough to capture a substantial fraction of future projects that will be constructed to accommodate future statewide population and economic growth, while setting the emission threshold high enough to exclude small projects that will in aggregate contribute a relatively small fraction of cumulative statewide GHG emissions. Additionally, the Project is compared to the City GHG Plan, which includes GHG emission Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 54 of 84 Fresno Pacific University Culture and Arts Center reduction targets, strategies, and implementation measures developed to help the City reach its GHG reduction targets. The Project is also compared to the Fresno COG RTP/SCS which establishes an overall GHG target for the Project region consistent with statewide GHG reduction goals. Methodology GHG emissions-related impacts were assessed in accordance with methodologies recommended by CARB. Where quantification is required, emissions are modeled using CalEEMod. CalEEMod is a statewide land use emissions computer model designed to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. Project construction-generated emissions were primarily calculated using CalEEMod model defaults for Fresno County, though the span of construction has been adjusted to reflect the timing anticipated by FPU. Operational GHG emissions were calculated based on the Project site plans and the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). Construction-Generated Greenhouse Gas Emissions A potent source of GHG emissions associated with the proposed Project would be combustion of fossil fuels during construction activities. The construction phase of the proposed Project is temporary but would result in GHG emissions from the use of heavy construction equipment and construction- related vehicle trips. Construction-related activities that would generate GHGs include worker commute trips, haul trucks carrying supplies and materials to and from the Project site and off-road construction equipment (e.g., dozers, loaders, excavators). Table GHG-1 illustrates the specific construction-generated GHG emissions that would result from construction of the Project. Table GHG-1 Construction-Related Greenhouse Gas Emissions Emission Source CO2e (Metric Tons/ Year) 2020 Construction 227 2022 Construction 640 2023 Construction 367 CAPCOA’s Potentially Significant Impact Threshold 900 Exceed Significance Threshold? No Source: CalEEMod version 2016.3.2. Refer to Appendix A of Attachment B for Model Data Outputs in ECORP 2020a. As shown in Table GHG-2, Project construction would not result in the exceedance of 900 metric tons of CO2e during any year of construction. Once construction is complete, the generation of these GHG emissions would cease. Therefore, construction-related GHG emissions would have a less than significant impact on the environment. Operational-Generated Greenhouse Gas Emissions Operation of the Project would result in GHG emissions predominantly associated with the use of motor vehicles traveling to and from the site. Table GHG-2 summarizes long-term operational GHG emissions attributable to the Project. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 55 of 84 Fresno Pacific University Culture and Arts Center Table GHG-2 Operational-Related GHG Emissions Emissions Source CO2e (Metric Tons/ Year) Area Source Emissions 0 Energy Source Emissions 99 Mobile Source Emissions 373 Solid Waste Emissions 0 Water Emissions 35 Total Emissions 507 CAPCOA’s Potentially Significant Impact Threshold 900 Exceed Significance Threshold? No Source: CalEEMod version 2016.3.2. Refer to Appendix A of Attachment B for Model Data Outputs in ECORP 2020a. As shown in Table GHG-2, Project operations would result in the generation of approximately 507 metric tons of CO2e annually and would not exceed CAPCOA’s significance threshold of 900 metric tons annually. Therefore, operation-related GHG emissions would have a less than significant impact on the environment. b) Conflict with an applicable plan or policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less than Significant Impact. The analysis of GHG emissions is based on the Emissions Memorandum prepared by ECORP Consulting, Inc. (ECORP 2020a). City of Fresno GHG Plan The City of Fresno GHG Plan (2014) is a strategic planning document that identifies sources of GHG emissions within the City’s boundaries, presents current and future emissions estimates, identifies a GHG reduction target for future years, and presents strategic programs, policies, and projects to reduce emissions from the energy, transportation, land use, water use, and waste sectors. The emissions reduction program developed by the City employs the following criteria to use CEQA tiering and streamlining provisions. A. Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; B. Establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable; C. Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area; D. Specify measures or group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; E. Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; F. Be adopted in a public process following environmental review. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 56 of 84 Fresno Pacific University Culture and Arts Center According to the City of Fresno, its GHG Plan is structured to meet the streamlining criteria listed above. Compliance with the applicable GHG Plan strategies would result in less-then-significant impacts related to GHG emissions. The reduction measures contained in the GHG Plan build on inventory results and key opportunities prioritized by City staff. The CAP strategies consist of measures and actions that identify the steps the City will take to support reductions in GHG emissions. The City will achieve these reductions in GHG emissions through a mix of voluntary programs and new strategic standards. All standards presented in the GHG Plan respond to the needs of development, avoiding unnecessary regulation, streamlining new development, and achieving more efficient use of resources. The Project is consistent with the GHG inventory and forecast in the GHG Plan. Both the existing and the projected GHG inventories in the GHG Plan were derived based on the land use designations and associated densities defined in the City’s General Plan. The proposed Project is located on the FPU campus and intended to serve existing FPU students. The Project is not proposing to amend the City General Plan and is thereby consistent with all land use designations applied to the site. As such, the Project is consistent with the GHG inventory and forecast in the GHG Plan. Additionally, the Project would be required to adhere to all applicable City General Plan and GHG Plan policy provisions intended to reduce community GHG emissions. All development in the City, including the Project, is required to adhere to all City-adopted policy provisions, including those contained in the GHG Plan. The City ensures all provisions of the City General Plan and GHG Plan are incorporated into projects and their permits through development review and applications of conditions of approval as applicable. Fresno COG RTP/SCS The Fresno COG region, which encompasses the Project site, must achieve specific federal air quality standards, and is required by state law to lower regional GHG emissions. Specifically, the region has been tasked by CARB to achieve a 6 percent and a 13 percent per capita reduction by 2020 and 2035, respectively (CARB 2018b, ECORP 2020b). The Fresno COG RTP/SCS charts a course for closely integrating land use and transportation so that the region can grow smartly and sustainably. The RTP/SCS identifies existing and future transportation related needs, while considering all modes of travel, analyzing alternative solutions, and identifies what can be completed with anticipated available funding for the over 3,000 projects. The goals objectives and policies are organized into six broad transportation mode categories and are as followed; general transportation, highway, streets and railroads, mass transportation, aviation, active transportation, and rail. The RTP/SCS further identifies that land use strategies which focus new housing and job growth in areas served by high quality transit and other opportunity areas would be consistent with a land use development pattern that supports and complements the proposed transportation network, which emphasizes system preservation, active transportation, and transportation demand management measures. The RTP/SCS incorporates local land use projections and circulation networks from the region’s municipal general plans, including the City of Fresno General Plan. The projected regional development pattern in the RTP/SCS, including location of land uses and residential densities in local general plans, when integrated with the proposed regional transportation network identified in the RTP/SCS, would reduce per capita vehicular travel–related GHG emissions and achieve the GHG reduction per capita targets for the Fresno COG region. The proposed Project is located on the FPU campus and is intended to serve existing FPU students. The Project is not proposing to amend the City General Plan and is thereby consistent with all land use designations applied to the site. Thus, the proposed Project is consistent with the types, intensity, Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 57 of 84 Fresno Pacific University Culture and Arts Center and patterns of land use envisioned for the site vicinity in the General Plan. As a result, the Project would not conflict with the land use assumptions or exceed the population or job growth projections used by Fresno COG to develop the RTP/SCS. The Fresno COG regional population, housing, and employment forecasts are based on the local plans and policies; and Fresno COG has incorporated these same projections into the RTP/SCS. Therefore, the proposed Project would be considered consistent with the population, housing, and employment growth projections utilized in the preparation of the RTP/SCS. Furthermore, FPU would utilize its existing staff and students to facilitate events at the Culture and Arts Center thus reducing the number of trips needed for new employees. Additionally, the Project site is located within 0.5 miles of 10 bus stops for the Fresno Area Express, promoting the use of bus transit within the City. The Project would not conflict with Fresno COG’s regional forecasts for the location of the proposed land uses. While the Project would emit GHG emissions, implementing Fresno COG’s RTP/SCS would greatly reduce the regional GHG emissions from transportation, helping to achieve 2020 and 2035 emission reduction targets. Therefore, the proposed Project is consistent with the applicable plans and policies adopted for the purpose of reducing GHG emissions. IX. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The Project is the construction of a 26,758 square foot Culture and Arts Center on the campus of FPU. Appreciable quantities of hazardous chemicals would not be stored or used on site during construction. Diesel fuel, oil and hydraulic fluid may be present in limited quantities in association with heavy equipment used and staged on-site. However, the limited quantities and duration of construction would not create a significant hazard to the public through the routine transport, use, or disposal of hazardous materials. No impact is identified regarding routine transport, use and disposal of hazardous materials. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. The Project is the construction and operation of a 26,758 square foot Culture and Arts Center on the campus of FPU. A search of the Department of Toxic Substances (DTSC) EnviroStor database identified two sites within a 0.5-mile radius of the campus: Chevron #9- 5768 at 4811 East Butler Avenue and the Senior Citizens Village at 1917 South Chestnut Avenue . Both were Leaking Underground Storage Tank (LUST) sites that had been closed (i.e. remediation was completed) (EnviroStor 2020). Regarding on-site hazards, the student housing to be relocated (4832 East Butler, Units A – K) was surveyed for asbestos by Leon Environmental Services on August 29, 2019. Samples of the following were taken and tested for asbestos: black mastic, joint compound (from sheetrock walls and ceilings), roof mastic (from roof vents and jacks), spray acoustic material (ceilings), and sheetrock (walls). All materials sampled had varying percentages of asbestos. The United States Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR Part 61 – November 20, 1990) requires materials containing greater than one pe rcent asbestos be removed Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 58 of 84 Fresno Pacific University Culture and Arts Center prior to renovation or demolition. As a result, it is recommended that asbestos containing materials (ACM) be abated by a licensed asbestos abatement contractor prior to moving the structures Units E&F also had spray acoustic material that should be removed by a licensed asbestos abatement contractor prior to renovation and or demolition of this structure. Units J&K had sheetrock walls that must be abated by a licensed asbestos abatement contractor prior to starting moving procedures. Regulated asbestos containing material (RACM) requires a 10-day notification to the local Air Pollution Control District (i.e. the SJVAPCD) prior to abatement. The abatement contractor is required to comply with all Federal, State and Local regulations regarding asbestos containing materials. Therefore, potential for release of hazardous materials into the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment is considered a less than significant impact. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact. The Project site is within the boundaries of the FPU campus. No other school are within one-quarter mile of the Project site. Aside from temporary construction emissions which would occur for a limited duration (refer to Section III, Air Quality, above), the Project would not emit any hazardous emissions or handle hazardous or acutely hazardous materials. The Project occupies approximately 2 acres and would not generate large volumes of construction emissions such as dust and exhaust. Therefore, this impact is considered less than significant . d) Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. A search of DTSC’s EnviroStor website did not identify any hazardous materials sites within the boundaries of the Project site (EnviroStor 2020). No impact is identified for this issue area. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The proposed Project is approximately ½-mile outside the Airport Influence Area for the Fresno Yosemite International Airport. As such, the Project site is not located within an airport land use plan nor is it within two miles of a public airport or a public use airport. The proposed Project would not result in a safety hazard or excessive noise exposure. Thus, no impact is identified for these issues. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 59 of 84 Fresno Pacific University Culture and Arts Center No Impact. The City of Fresno maintains an Office of Emergency Services (OES) function for its jurisdictional responsibility area and coordinates with Fresno County OES regarding disaster preparedness, response, and recovery activities (Fresno County OES 2020). The proposed Project is not expected to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The primary access to the site will be from the north off East Butler Avenue which is designated as a Collector in the Circulation Element of the City of Fresno General Plan. Access will also be available from the south off East Townsend Avenue via South Winery Avenue (which is also designated as a Collector in the Circulation Element of the City of Fresno General Plan). Thus, the proposed Project would not impair the implementation of, or physically interfere with, any adopted emergency response plan or emergency evacuation plans. No impact would occur. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. The Project site is in an urban setting and would not be subject to wildland fire. No impact would occur. X. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? No Impact. The proposed Project includes construction of a 26,758 square foot Culture and Arts Center on the campus of FPU. In accordance with FMFCD and City standards, a temporary detention basin is proposed in the southwest portion of the site to capture and retain stormwater flows generated by the Project. The basin would also provide some water quality benefits by reducing pollutants and sediments and providing incidental groundwater recharge. The basin is subject to a Nation Pollutant Discharge Elimination System (NPDES) permit. Retained water would filter through sediments and the soil column providing natural treatment prior to the water reaching the underlying aquifer. With the inclusion of the temporary detention basin, the proposed Project would not violate any water quality standards, waste discharge requirements or otherwise substantially degrade surface or ground water quality. No impact would occur. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. Fresno’s primary source of potable water is groundwater stored in an aquifer. The Project site is currently developed with structures, pavement, and landscaped areas. While the proposed Project would result in a greater amount of impervious surface, it also includes a temporary detention basin which would slow and retain stormwater runoff flows generated by the Culture and Arts Center. As such, the Project would not decrease groundwater supplies or interfere substantially with groundwater recharge. No impact to a groundwater management basin would occur. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 60 of 84 Fresno Pacific University Culture and Arts Center c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river through the addition of impervious surfaces in a manner which would: i) Result in a substantial erosion or siltation on- or off-site. No Impact. The Project site is developed with vacant student housing and single-family homes as well as pavement and landscaping. The site would be cleared of all structures to accommodate construction. The Project would require a Soils Report, an NPDES permit and p reparation of a Stormwater Pollution Prevention Plan (SWPPP) prior to granting of a grading permit (refer to discussion under Section VII Geology and Soils, item “b”). Compliance with these m inisterial requirements that have proven effective in reducing erosion and siltation impacts on or off-site to less than significant levels would also apply to the proposed Project. Therefore, substation erosion or siltation on- or off-site would not occur. No impact is identified. ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; Less than Significant Impact. The proposed Project would increase the impervious surfaces on the site. The Project is within the FMFCD and subject to FMFCD standards for drainage, grading and stormwater management. As described under item “a)”, above, a temporary detention basin is proposed with capacity to capture and detain on-site stormwater flows generated by the Culture and Arts Center. Inclusion of the temporary basin would prevent overloading the existing storm drainage system operated by the Fresno Metropolitan Flood Control District (FMFCD) consistent with MEIR Mitigation Measure HYD-5.4 as outlined below (Attachment E): HYD-5.4 The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan pump disposal systems to less than significant. • Consult the FMFCD Storm Drainage Master Plan to determine the extent and degree to which the capacity of the existing pump system will be exceeded. • Require new developments to install, operate, and maintain FMFCD design standard on- site detention facilities to reduce peak stormwater runoff rates to existing planned peak runoff rates. • Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDMP. Timing of Implementation: Prior to exceedance of capacity of existing pump disposal systems. Enforcement: Fresno Metropolitan Flood Control District, Planning and Development Department, Public Works. With inclusion of the temporary basin consistent with Mitigation Measure HYD -5.4, impacts from surface runoff resulting in on- or off-site flooding are considered less than significant. iii) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 61 of 84 Fresno Pacific University Culture and Arts Center No Impact. The proposed Culture and Arts Center would contribute runoff water which would exceed the capacity of existing storm drainage infrastructure precluding connection of the Project to the system. As in interim solution until the Fresno Metropolitan Flood Control District (FMFCD) infrastructure is expanded, the Project includes a temporary detention basin in the southwest portion of the site to capture on-site stormwater flows and provide some water quality benefits by reducing pollutants and sediments. The basin includes a line th at would extend north and tie into a 24-inch storm drain main within East Butler Avenue. When the next phase of development takes place on campus, FPU will need to construct an 18-inch main that would align down Heaton Avenue to the west, through a portion of the campus before extending out onto Chestnut Avenue. The 18-inch line would then extend south as a 30-inch main parallel to the existing 36-inch main until it reaches the California alignment. At this point, the line would extend west as a 48-inch line into Basin “A” (Ciesla pers. comm., 2020). The line will cost approximately $1.2 million to be split between FMFCD and FPU. With the temporary detention basin, the proposed Project would have no impact to contributing runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. iv) Impede or redirect flows? Less than Significant Impact. As noted in item “c” above, the proposed Project would redirect flows to the on-site temporary detention basin. The basin would capture and retain all on-site stormwater flows generated by the Project. Redirecting stormwater flows is considered a less than significant impact. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. The proposed Project is not located within a flood hazard, tsunami or seiche zone. Thus, no impact is identified for these issues. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. In accordance with FMFCD and City standards, the proposed Project would capture on- site stormwater flows in a temporary detention basin in the southwestern corner of the site. The basin would provide some water quality benefits by reducing pollutants and sediments and avoid discharge of polluted water. The Project would have no impact on a water quality control plan or a sustainable groundwater management plan as all improvements will be consistent with FMFCD and City standards. XI. LAND USE AND PLANNING Would the project: a) Physically divide an established community? No Impact. The proposed Project is located on the FPU campus in southeast Fresno. The Project would replace existing vacant student housing and four vacant single-family residential structures. Because the Project is planned and within the context of the existing campus, it would not physically divide an established community. The proposed Culture and Arts Center will also provide a venue for students to plan, perform and manage various events. Community sponsored events will also occur at the Culture and Arts Center providing a peaceful and attractive venue for cultural and social events in a campus-like setting. Thus, no impact is identified regarding dividing an established community. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 62 of 84 Fresno Pacific University Culture and Arts Center b) Conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The proposed Project is consistent with the existing Public Commercial (PC) and Public Institutional Use (PI) zoning designation. Additionally, to develop the Project as proposed, FPU is requesting a Development Permit and a Planned Development Permit. The Development Permit is required for all new structures except for sin gle-family residences. The Planned Development Permit is required to address deviations from the Development Code, General Plan, applicable operative plan, or adopted policy. The Project requests application of the Planned Development standards of the City of Fresno Development Code Article 59 to allow the modification of certain property development standards. These include omitting a building setback requirement; omitting a block wall requirement; omitting a landscape buffer; allowing FPU to utilize parking at the Butler Church for overflow parking; and non- concurrent occupancy of the Auditorium and Black Box of the of the Culture and Arts Center until sufficient parking is available to accommodate both venues. With granting of the Development Permit and Planned Development Permit, conflicts with an applicable policies or regulations adopted for the purpose of avoiding or mitigating an environmental effect would be considered less than significant. XII. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. Mineral extract in the City occurs within the San Joaquin River bottom. The Project is proposed in an urban area that is not identified as having mineral resources. No impact would occur. b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. Refer to item a), above. XIII. NOISE Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. The discussion of noise is divided between short-term construction and long-term operational noise. Short-Term Construction Noise Construction of the proposed Project would take approximately 21 months and is estimated to start in October 2020. The first step would be demolition and site preparation. Demolition is scheduled to occur from May 2020 to August 2020. Both activities would create temporary localized increases in noise levels from operation of on-site equipment as well as from delivery trucks hauling materials. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 63 of 84 Fresno Pacific University Culture and Arts Center The major activities for the proposed Project would consist of demolition of four existing single- family homes, a garage and any student housing that is not relocated; removal of trees and vegetation/clearing and grubbing. Construction activities producing noise include grading, pouring the foundation and framing the structure. Demolition and construction noise impacts are a function of several factors including noise generated by equipment; location of the equipment relative to sensitive nearby land uses (e.g. residences, libraries); and the time of day in which the construction activity takes place. The proposed Project would be near residential uses to the south of East Townsend Avenue as well as the Hiebert Library and Mennonite Brethren Biblical Seminary to the west. These uses are considered noise sensitive and would be exposed to construction noise while the Project is being built. Short-term construction noise generated by equipment would occur with varying intensities and durations. Noise levels from construction operations decrease at a rate of approximately 6 dBA per doubling of distance from the source. Based on the Project site plan, construction would be approximately 50 feet from residences on the south side of East Townsend Avenue; 50 feet northeast of the Hiebert Library; and 75 feet east of Mennonite Biblical Seminary. As discussed in the General Plan MEIR, cons truction noise typically occurs intermittently and generates varying levels of noise depending on the activity (e.g., demolition, land clearing, grading, excavation, erection) of construction. Noise produced by certain pieces of construction equipment, such as earthmovers, material handlers, and portable generators, can reach high levels (FCS 2014, p. 5.11-24). Table NOI-1 summarizes typical construction equipment noise levels (Note: Noise Terminology is included in Appendix D). As shown, construction equipment noise levels range from approximately 77 dBA to 90 dBA Lmax at 50 feet. Operating cycles differ based on equipment type and specific activity. Cycles typically alternate between two minutes of full power and three to four minutes at lower settings. Depending on the equipment required and duration of use, average‐hourly noise levels associated with construction activity range from roughly 65 to 90 dBA Leq at 50 feet with grading and excavation generating the highest noise levels (FCS 2014, p. 5.11-24). Table NOI-1 Typical Construction Noise Levels Equipment Typical Noise Level (dBA Lmax) 50 feet from Source Equipment Typical Noise Level (dBA Lmax) 50 feet from Source Backhoe/Front-End Loader 80 Generator 82 Compactor 80 Truck (Dump/ Flat Bed) 84 Concrete Mixer Truck 85 Jack Hammer 85 Dozer 85 Paver 85 Grader 85 Pneumatic Tool 85 Excavator/Scraper 85 Pump 77 Air Compressor 80 Roller 85 Gradall 85 Concrete Saw 90 Crane, Mobile 85 Source: FHWA 2006, Roadway Construction Noise Model User’s Guide in GP MEIR prepared by FCS 2014, page 5.11- 24 and 5.11-25. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 64 of 84 Fresno Pacific University Culture and Arts Center The City of Fresno General Plan Noise Ordinance (June 11, 2016) exempts construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental age ncy, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. Construction would occur between 7:30 a.m. to 3:30 p.m. during workdays to avoid disturbing residents, seminarians, and students. Because construction is considered exempt from the Ordinance when construction complies with the prescribed hours, short‐term construction impacts associated with the exposure of persons to, or the generation of, short-term noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies would be less than significant. Long-Term Noise Associated with Project Operation The noise profile of the FPU is similar to that of a large master planned community with the major noise source being from automotive-related noises. With the exception of baseball and soccer which are played outside, entertainment and sports events occur on the campus with enclosed buildings. Campus Security enforces established standards of conduct for all campus activities. The Campus Security works closely with City of Fresno Police Department to assure any activity on or near the campus does not adversely affect the health or safety of the comm unity or the University. The Culture and Arts Center would operate for limited hours Monday thru Wednesday, 8:00 a.m. to 9:00 p.m.; Thursday thru Saturday, 8:00 a.m. to 10:00 p.m.; and Sunday 4:00 p.m. to 10:00 p.m. Although the Culture and Arts Center will create additional activity in the area, the project will be required to comply with all noise policies from the Fresno General Plan and Noise Ordinance. All events will occur in doors. The proposed Project would not result in any noise environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. Therefore, exposure of persons to, or the generation of, long-term noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies would be less than significant. b) Generation of excessive groundborne vibration or groundborne noise levels? No Impact. Construction of the proposed Culture and Arts Center would not generate groundborne vibration or noise levels that would be considered excessive. Activities such as blasting, or pile driving would not be necessary and no other excavation methods would be used that would result in groundborne vibration. Therefore, no impact would occur regarding generation of excessive groundborne vibration or groundborne noise levels. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The proposed Project is not located within the vicinity of a private airstrip or an airport land use plan. The Project would not expose people residing or working in the area to excessive noise levels. No impact would occur. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 65 of 84 Fresno Pacific University Culture and Arts Center XIV. POPULATION AND HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. The proposed Project is the construction of a Culture and Arts Center on the FPU campus. The Project does not propose the development of new housing nor does it propose construction or extension of new roads. Instead it would demolish/relocate several existing residential structures and vacate a portion of East Townsend Avenue. Therefore, the proposed Project would have no impact regarding inducing population growth. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. As previously noted, five student housing buildings would be relocated and four single- family residences would be demolished as part of this Project. In the future, an additional four single-family homes will be demolished to accommodate future development on campus. A total of 8 house will eventually be demolished. All structures to be relocated or demolished are currently vacant. As a result, the proposed Project would not displace substantial numbers of existing housing or people requiring construction of replacement housing elsewhere. No impact would occur regarding the need for replacement housing. XV. PUBLIC SERVICES a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significan t environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 1) Fire protection? Less than Significant Impact. The proposed Project is within the jurisdiction of the City of Fresno and would be served by the City of Fresno Fire Department. The closest Fire Station to the Project site is Station 1 located at 1264 North Jackson Avenue, approxi mately 3 miles away. An existing fire hydrant along East Butler Avenue would remain in place and a new fire hydrant would be placed approximately 15-feet north of the Culture and Arts Center. The Fire Department would connect to the system at a point to the northwest of the Cultural and Arts Center Utility Yard. All hydrants will be located and perform as required by the Fresno Municipal Code. In addition, the Project includes the following requirements: • Fire hydrants and access roads shall be installed, tested, and approved and maintained serviceable prior to and during all phases of development. The 4-1/2" outlet shall face the access lane. • All required fire hose and equipment access gates shall remain unlocked or be provided with Police/Fire bypass locks. • Fire hose pull and equipment access is an unobstructed walkway which provides continuous access connecting vehicular access to all building openings and exterior storage areas. • The walkway requires unobstructed 36-inch horizontal clearance around openings and continuous 7-foot vertical clearance. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 66 of 84 Fresno Pacific University Culture and Arts Center • Landscaping areas shall be constructed to maintain the fire access pathways clear of obstructions. (FFD Development Policy 403.002). • Required walking access shall be designed to prevent sharp turns and obstacl es which would hinder the carrying of hoses, ground ladders and other hand-held equipment. • Loading zone(s) shall not be in fire lanes. • Electric gates shall be provided with battery back-up. • Emergency vehicle access shall be designated by painting the cu rb red (top and side) and stenciling "FIRE LANE NO PARKING" in 3-inch white letters on the most vertical curb, at least every 50 feet. • If no curb is present, a minimum 6-inch wide red stripe shall be painted along the edge of the roadway with "FIRE LANE" in 3-inch white letters at least every 50 feet. • Signs (17-inches x 22-inches minimum) shall be provided at all public entrance drives to the property which state "Warning - Vehicles stopped, parked or left standing in fire lanes will be immediately removed at owner's expense - 22658(a) California Vehicle Code - Fresno Police Department 621-2300". • All gates across fire hose and equipment access points shall be a minimum of 4-foot clear width. With the incorporation of these features mandated by the FFD, impacts to fire protection would result in less than significant impacts. 2) Police Protection? Less than Significant Impact. The Project site is within the jurisdiction of the City of Fresno Police Department. The Department is divided into five policing districts which are broken down in the one- half mile squares. The site is within the Southeast Police District which has seven sub-areas 3A through 3G. These sub-areas are further divided into one-half square mile blocks. The Project is in Block 2862. The Police Office for this District is located at 1617 South Cedar Avenue approximately one mile west of FPU. In addition, FPU has on-campus security which has a constant presence and patrol 24-hours a day, 7-days per week. Security would be present to patrol the area during events at the Culture and Arts Center. The Project has been designed to include lighting throughout parking areas and walkways for illumination and safety. The Project provides a combination of pole mounted and bollard site lighting that achieves light levels which follow Illuminating Engineering Society (IES) standards to properly illuminate parking lots and pedestrian paths. This will create a properly lit exterior environment that will mitigate dark, hard to surveil places around the exterior of the building. Building mounted security cameras and adequate site lighting will be located at strategic points to provide video surveillance that will be monitored by Campus Police. Exterior entry points will be equipped with access control hardware that will only allow authorize d personnel to gain access to the building after hours (Halajian pers. comm., 2020). Therefore, impacts to police protection are considered less than significant. 3) Schools? No Impact. The proposed Project will not impact schools because it neither includes a residential component nor would it generate the need for new housing to accommodate workforce population. The Project would place a Culture and Arts Center on the campus of FPU. As such, the proposed Project would not have an adverse physical effect on the environment resulting from construction of a new school, park, or other public facility. Therefore, no impact is identified for this issue area. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 67 of 84 Fresno Pacific University Culture and Arts Center 4) Parks? No Impact. Refer to item “a3” above. 5) Other Public Facilities? No Impact. Although the proposed Project will be located on the FPU campus and used primarily as a venue for students to plan, perform and manage cultural events, the facility will also be u sed for community-sponsored events. The Project would not negatively impact any other public facilities. No impact would occur. XVI. RECREATION a) Would the project increase the use of the existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed Project is the construction of a Culture and Arts Center on the FPU campus. The Project would not create a demand for neighborhood or regional parks. Thus, no impact is identified for these issues. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse effect on the environment? No Impact. The proposed Project does not include recreational facilities or require the construction or expansion of recreational facilities. Thus, no impact is identified for these issues. XVII. TRANSPORTATION Would the project: a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Less than Significant Impact. The proposed Project is adjacent to East Butler Avenue, an existing east-west, two-lane collector divided by a two-way left-turn lane adjacent to the proposed Project site. South Winery Avenue, is an existing north-south two-lane undivided roadway to the east of the Project site. These two roadways are the primary routes to the Project. A Traffic Impact Analysis (TIA) was prepared for the Project by JLB Traffic Engineering (JLB 2020) (Appendix E of this document) in accordance with a Scope of Work approved by the City Traffic Engineer. The TIA focused on evaluating traffic conditions at the intersection of South Winery Avenue and East Butler Avenue which potentially may be impacted by the proposed Project. Four scenarios were analyzed in the TIA: Existing Conditions; Existing plus Project Traffic Conditions; Near-Term plus Project Traffic Conditions; and Cumulative Year 2035 plus Pr oject Traffic Conditions. Level of Service (LOS) was used as the metric for evaluating operating conditions. A LOS of “A” indicates no congestion of any kind and a LOS of “F” indicates unacceptable congestion and delays. The City of Fresno 2035 General Plan has established various degrees of acceptable LOS on its major streets which are dependent on four Traffic Impact Zones (TIZ) within the City. The standard LOS threshold for TIZ I is LOS F; TIZ II is LOS E; TIZ III is LOS D; and TIZ IV is LOS E. Additionally, Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 68 of 84 Fresno Pacific University Culture and Arts Center the 2035 General Plan MEIR made findings of overriding consideration to allow a lower LOS threshold than that established by the underlying TIZ’s. For those cases in which a LOS criterion for a roadway segment differs from that of the underlying TIZ, such criteria are identified in the roadway description. In this analysis, the study intersection falls within TIZ II and utilizes LOS E to evaluate the potential significance of LOS impacts pursuant to the City of Fresno 2035 General Plan. The existing peak hour turning movement volume counts were conducted at the study intersection in October 2019 while schools in the vicinity of the proposed Project were in session. The intersection turning movement counts included pedestrian volumes. Table TRN-1 presents a summary of the Existing peak hour LOS at the study intersection. Table TRN-1 Existing Intersection LOS Results Intersection Intersection Control PM (406) Peak Hour Average Delay (sec/veh) LOS South Winery Avenue/East Butler Avenue Signalized 11.3 B Source: JLB 2020, p. 11. At present, the intersection of South Winery Avenue and East Butler Avenue operates at an acceptable LOS during the PM peak period (JLB 2020, p. 29). It should be noted the proposed Project will remove 4 single-family residences, 5 dormitories, and 1 garage. (Note: In the future, an additional 4 single-family residences will be removed bringing the total to 8). Table TRN-2 presents the existing trip generation of the site with trip generation rates for Single- Family Detached Housing pursuant to the Trip Generation Manual published by the Institute of Transportation Engineers. At present, the existing site is estimated to generate a maximum of 76 daily trips and 8 PM peak hour trips. Table TRN-2 Existing Trip Generation Land Use (ITE Code) Size Unit Daily PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total % Single-Family Detached Housing (210) 8 d.u. 9.44 76 0.99 63 37 5 3 8 Total Driveway Trips 76 5 3 8 Source: JLB 2020, p. 11. Note: d.u. = Dwelling Units Table TRN-3 presents the net new trip generation estimated for the Project site. When considering the existing traffic generated by the site, the Project is estimated to generate more traffic by 220 daily trips and 124 PM peak hour trips. However, the analysis assumes no reduction in the Project’s estimated maximum trip generation, so the results are considered conservative. Table TRN-3 Difference in Trip Generation Land Use Daily Total PM (4-6) Peak Hour In Out Total Project 296 112 20 132 Existing 76 5 3 8 Difference in Trip Generation 220 107 17 124 Source: JLB 2020, p. 15. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 69 of 84 Fresno Pacific University Culture and Arts Center Existing plus Project Traffic Conditions scenario assumes the existing roadway geometrics and traffic controls remain in place. At buildout, the proposed Project is estimated to generate a maximum of 296 daily trips and 132 PM peak hour trips. The total trip generation for the Near-Term Projects is 51,510 daily trips and 5,077 PM peak hour trips. Under this scenario, the intersection of South Winery Avenue and East Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Near-Term plus Project Traffic Conditions Near-Term Projects are approved and/or known projects that are: either under construction: built but not fully occupied; not built but have final site development review (SDR) approval; known to the lead agency or responsible agencies. The trip generation listed in Table TRN-4 represents the anticipated number of daily trips and PM Peak Hour trips to be added to the streets and highways by Near-Term Projects between the time of the preparation of the TIA (March 2020) and five years from 2020. As shown in Table TRN-4, the total trip generation for the Near-Term Projects is 51,510 daily trips and 5,077 PM peak hour trips. (Refer to Figure 6 in Appendix D of Attachment D for an illustration of the location of the approved, near approval, or known projects and their combined trip assignment to the study in tersections under the Near-Term plus Project Traffic Conditions scenario.) Table TRN-4 Near Term Projects’ Trip Generation Approved Project Location Approved or Known Projects Daily Trips PM Peak Hour A TT 5464 (portion of)1 76 8 B TT 54981 755 79 C TT 56381 3,351 351 D TT 59131 1,029 108 E TT 59531 887 93 F TT 6095 (portion of)1 47 5 G Lennar Heirloom Chateau Series1 1,964 206 H Fresno Unified School District Alternative Education2 2,459 221 I Sanger Unified School District2 7,597 640 J Fresno Unified School District2 5,243 935 K 4780 South Maple Avenue Rezone2 1,036 145 L Orange Industrial Park3 6,260 873 M North Pointe (portion of) 4 6,552 438 N North and Orange Commercial Development2 5,907 439 O RP East Industrial2 1,041 128 P BDM Builders Mixed-Use Development2 7,306 408 Total Approved and Pipeline Project Trips 51,510 5,077 Source: JLB 2020, p. 22. Note: 1 = Trip Generation prepared by JLB Traffic Engineering, Inc. based on readily available information 2 = Trip Generation based on JLB Traffic Engineering, Inc. Traffic Impact Analysis Report 3 = Trip Generation based on Precision Civil Engineering, Inc. Traffic Impact Study Report 4 = Trip Generation based on TJKM Transportation Consultants Traffic Impact Study Report Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 70 of 84 Fresno Pacific University Culture and Arts Center The total trip generation for the Near-Term Projects is 51,510 daily trips and 5,077 PM peak hour trips. Under this scenario, the intersection of South Winery Avenue and East Butler Avenue is projected to operate at an acceptable LOS during the PM peak period (JLB 2020, p. 30). Results of Near-Term plus Project Level of Service Analysis The Near-Term plus Project Traffic Conditions scenario assumes that the existing roadway geometrics and traffic controls remain in place. (Refer to Figure 7, Near-Term plus Project turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Near-Term plus Project Traffic Conditions scenario are provided in Appendix H of Attachment D of this document). Table TRN- 5 presents a summary of the Near Term plus Project peak hour LOS at the study intersection. Table TRN-5 Near Term plus Project Intersection LOS Results ID Intersection Intersection Control PM (4-6) Peak Hour Average Delay (sec/veh) LOS 1 South Winery Avenue/East Butler Avenue Signalized 12.2 B Source: JLB 2020, p. 23. Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS (B) during the PM peak period (LOS 2020, p. 23). Cumulative Year 2035 plus Project Level of Service Analysis The Cumulative Year 2035 plus Project Traffic Conditions scenario assumes the existing roadway geometrics and traffic controls remain in place. (Refer to Figure 8, Cumulative Year 2035 plus Project turning movement volumes, intersection geometrics and traffic controls; and LOS worksheets for the Cumulative Year 2035 plus Project Traffic Conditions scenario in Appendix I of Attachment D). Table TRN-6 presents a summary of the Cumulative Year 2035 plus Project peak hour LOS at the study intersections. Table TRN-6 Cumulative Year 2035 plus Project Intersection LOS Results ID Intersection Intersection Control PM (4-6) Peak Hour Average Delay (sec/veh) LOS 1 South Winery Avenue /East Butler Avenue Signalized 14.0 B Source: JLB 2020, p. 26. Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls. LOS for two-way STOP controlled intersections are based on the worst approach/movement of the minor street. Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS (B) during the PM peak period (JLB 2020, p. 26). Based on the analysis above, the Project intersection would operate at an acceptable LOS under each scenario: Existing, Existing Plus Project, Near-Term Plus Project; and Cumulative Year 2035 Plus Project. Therefore, the proposed Project would have no impact on a program, plan or ordinance addressing the circulation system. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 71 of 84 Fresno Pacific University Culture and Arts Center Per the project site plan, 70 on-site stalls shall be provided as part of this project. An additional 537 existing paved parking spaces are proximate to the proposed Cultural and Arts Building as part of the existing campus. An additional 70 overflow parking stalls are available at Butler Church located at 4884 East Butler Avenue per an existing parking MOU between the Butler Church and FPU. City Code requires 123 on site paved spaces. The overall total of both on-site parking and parking at Butler Church is 140 stalls. This exceeds the required number of 123 stalls by 17. The City of Fresno will condition the Project requiring that a covenant be recorded for shared parking and access. The Covenant will be between the City, FPU and Butler Church. The proposed Project would not result in any traffic or transportation environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? Less than Significant Impact. Senate Bill (SB) 743 (Steinberg 2013) was approved by then Governor Jerry Brown on September 27, 2013. SB 743 created a path to revise the definition of transportation impacts according to CEQA. The revised CEQA Guidelines requiring vehicle miles traveled (VMT) analysis became effective December 28, 2018; however, agencies have until July 1, 2020 to finalize their local guidelines on VMT analysis. Therefore, as agencies finalize their VMT analysis protocol, CEQA transportation impacts continue to be determined using the LOS of intersections and roadways, which is a measure of congestion. The intent of SB 743 is to align CEQA transportation study methodology with and promote the statewide goals and policies of reducing VMT and greenhouse gases (GHG). Three objectives of SB 743 related to development are to reduce GHG, diversify land uses, and focus on creating a multimodal environment. It is hoped that this will spur infill development (JLB 2020, p. 17). The Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor’s Office of Planning and Research (OPR) dated December 2018 acknowledges that lead agencies should set criteria and thresholds for VMT and transportation impacts. However, the Technical Advisory provides guidance to residential, office and retail uses, citing these as the most common land uses. Beyond these three land uses, there is no guidance provided for any other land use type. The Technical Advisory also notes that land uses may have a less than significant impact if located within low VMT areas of a region and suggests that screening maps be used for this determination (JLB 2020, p. 17). VMT is simply the product of the number of trips and the lengths of the trips. The first step in a VMT analysis is to establish the baseline average VMT which requires that the region be defined. The Technical Advisory states that existing VMT may be measured at the regional or city level. The Technical Advisory also notes that VMT analyses should not be truncated due to “jurisdictional or other boundaries” (JLB 2020, p. 17). Currently, Fresno Council of Governments (COG) and its member agencies, which include the City of Fresno, have begun the process to develop recommended criteria and thresholds that balance the direction from the Office of Planning and Research (OPR) and the goals of SB 743 with the vision of Fresno and economic development, access to goods and services, and overall quality of life. While these regional recommended criteria are not anticipated to be completed until mid-2020, Fresno COG was able to provide estimated VMT data for the proposed Project. Based on the Fresno COG model run, the Project is anticipated to generate an average of 6.20 VMT per trip (JLB 2020, p. 17). Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 72 of 84 Fresno Pacific University Culture and Arts Center Therefore, the proposed Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Impacts to VMT are considered less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. As part of the TIA, a Queuing Analysis was performed. Table TRN-7 provides a queue length summary for left-turn and right-turn lanes at the study intersections under all study scenarios: Existing, Existing Plus Project, Near-Term Plus Project; and Cumulative Year 2035 Plus Project. The queues shown on Table TRB-7 are the 95th percentile queue lengths for the respective lane movements (JLB 2020, p. 17). The Highway Design Manual (HDM) provides guidance for determining deceleration lengths for the left-turn and right-turn lanes based on design speeds. Per the HDM criteria, “tapers for right-turn lanes are usually un-necessary since the main line traffic need not be shifted laterally to provide space for the right-turn lane. If, in some rare instances, a lateral shift was needed, the approach taper would use the same formula as for a left-turn lane.” Therefore, a bay taper length pursuant to the Caltrans HDM would need to be added, as necessary, to the storage lengths presented in Table TRN-7. The storage capacity for the Cumulative Year 2035 scenario shall be based on the SimTraffic output files and engineering judgement. The values in bold presented in Table TRN-7 are the projected queue lengths that will likely need to be accommodated by the Cumulative Year 2035 scenario. While the City of Fresno does not have minimum storage length requirements for left-turn and right-turn lanes on major streets, it does prefer that these be set at 200 feet for left-turns and 75 feet for right-turns (JLB 2020, p. 28). Table TRN-7 Queuing Analysis ID Intersection Existing Queue Storage Length (in feet) Existing Existing plus Project Near Term plus Project Cumulative Year 2035 plus Project PM PM PM PM 1 South Winery Avenue/ East Butler Avenue EB Left 105 100 114 122 132 EB Thru-Right >500 131 143 151 164 WB Left 100 23 18 26 22 WB Thru-Right >500 105 125 126 151 NB Left 100 66 62 67 79 NB Thru-Right >500 56 73 86 67 SB Left 100 100 73 87 111 SB Thru-Right >500 110 111 95 147 Source: JLB 2020, p. 28 Note:* = Does not exist or is not projected to exist. At the remaining approaches, the greater of the existing storage capacity or the 200 feet left-turn lanes and 75 feet right-turn lanes will be sufficient to accommodate the maximum queue. Based on the Queuing Analysis, it is recommended that the City consider left-turn and right-turn lane storage lengths (JLB 2020, p. 30). Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 73 of 84 Fresno Pacific University Culture and Arts Center Historic Collisions In the five-year period from January 1, 2015 to December 31, 2019, a total of three collisions were reported within the influence zone of the intersection of South Winery Avenue and East Butler Avenue. Based on the collision data recorded during the five -year period, the existing study intersection has experienced a relatively low average number of collisions per year with a total of three reported collisions during the five-year period. JLB analyzed the data contained within the Statewide Integrated Traffic Records System Reports database for the five-year analysis period but was unable to reach a conclusion that would justify the modification of lane geometrics or traffic controls at the existing study intersection. As a result, the number of correctable collisions experienced at the study intersection are considered less than significant (JLB 2020, p. 29). Access JLB analyzed the location of the proposed access points relative to the existing local roads and driveways in the Project’s vicinity. A review of the Project access point to be constructed indicates that it is located at a point that minimizes traffic operational impacts to the existing roadway network. No impact would occur regarding a substantial increase in hazards due to a geometric design feature (JLB 2020, p. 29). Bike Lanes Currently, Class II Bike Lanes are in place adjacent to the proposed Project site along East Butler Avenue. The City of Fresno 2017 Active Transportation Plan recommends that Class II Bike Lanes be implemented on: 1) Butler Avenue between “O” Street and Highland Avenue and 2) Winery Avenue between Balch Avenue and Butler Avenue. Furthermore, the City of Fresno 2017 Active Transportation Plan recommends that a Class III Bike Route be implemented along: 1) Winery Avenue between Butler Avenue and Hamilton Avenue. Therefore, it is recommended that the Project retain the Class II Bike Lane along its frontage to Butler Avenue (JLB 2020, p. 16). Walkways Currently, walkways exist adjacent to the proposed Project site along East Butler Avenue and South Winery Avenue. The City of Fresno 2017 Active Transportation Plan recommends that walkways be implemented on: 1) Butler Avenue through the City of Fresno Sphere of Influence; and 2) Winery Avenue between Balch Avenue and Hamilton Avenue. Therefore, it is recommended that the Project retain walkways that are ADA compliant along its frontage to Butler Avenue (JLB 2020, p. 16). Parking Based on the latest Project Site Plan, the Project will provide 70 on-site parking stalls. An additional 537 paved parking stalls are adjacent to the Project site within the existing campus. An additional 70 overflow parking stalls are available at Butler Church located at 4884 East Butler Avenue per an existing parking MOU (Attachment A). The Project site will need 123 on-site paved parking stalls to meet City code (JLB 2020, p. 14). The overall total of both on-site parking and parking at Butler Church is 140 stalls. This exceeds the required number of 123 stalls by 17. The City of Fresno will condition the Project requiring that a covenant be recorded for shared parking and access. The Covenant will be between the City, FPU and Butler Church. d) Result in inadequate emergency access? No Impact. Access to and from the Project site will be from three (3) proposed access points located along East Butler Avenue and East Townsend Avenue. Two (2) proposed access points are located Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 74 of 84 Fresno Pacific University Culture and Arts Center along the south side of East Butler Avenue approximately 200 and 625 feet east of South Chestnut Avenue and are proposed as full access. The other access point is located along the north side of Townsend Avenue and is an exit only access. The location of the proposed access points relative to the existing local roads and driveways in the Project’s vicinity were analyzed in the TIA. A review of the Project access point to be constructed indicates that it is located at a point that minimizes traffic operational impacts to the existing roadway network (JLB 2020, p. 14). In order to help improve traffic safety and operation at the exit only access, the TIA recommended that two (2) 12" x 18" "EXIT ONLY, DO NOT ENTER" signs be installed to prevent traffic from entering the Project site in the wrong direction of travel. The signs shall be installed on each side of the driveway with one located on the west side of the driveway facing southeast and one on the east side of the driveway facing southwest. It is also recommended that a Type 1 arrow be added approximately five (5) feet behind the back of the driveway and be repainted once it starts to fade. No impact would occur regarding emergency access. XVIII. TRIBAL CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place or object with cultural value to a California Native American tribe, and that is: Less than Significant Impact. As described in item a) above, it is not likely that human remains would be found on the Project site based on prior disturbance of the site to develop the existing student housing and single-family homes. The impact is considered less than significant. While unlikely, if human remains are discovered, MEIR mitigation measure CUL-4 would be implemented (Attachment E): CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coro ner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Pursuant to Assembly Bill 52 (AB 52), the Table Mountain Rancheria Tribe and the Dumna Wo Wah were invited to consult under AB 52. The City of Fresno mailed notices regarding the project to both Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 75 of 84 Fresno Pacific University Culture and Arts Center tribes on March 27, 2020 which included the required 30-day time period for tribes to request consultation. The notices were delivered on March 30, 2020 and the city received the signed certif ied card back on April 2, 2020. On March 4, 2020, Governor Gavin Newsom signed Executive Order (EO) N-54-20 proclaiming a State of Emergency to exist in the State of California as a result of the threat of COVID-19. The EO postponed requests for consultation and was effective April 22, 2020. The suspension ended on June 21, 2020. As reflected above, the request for consultation letter was sent out on March 27, 2020 prior to the date the EO took effect. In accordance with the EO, the Tribes had four days to respond after June 21, 2020, due to the 26 days that had already passed. With the postponement directed by the EO, the response period closed June 25, 2020. Because neither Tribe requested consultation, and because existing cultural resources protection laws exist that would require construction activities to cease if artifacts are discovered, there is no impact to tribal cultural resources. The proposed project would not result in any cultural resource environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. i.) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as define in Public Resources Code Section 5020.1(k), or No Impact. The proposed Project is in an urban setting within the boundaries of the FPU campus. The area has been developed and disturbed for over 60 years. Existing development on the site includes student housing (five duplexes), one garage and four single-family homes. The original construction dates for the four single -family homes are as follows according to the Fresno County Assessor: 4383 East Butler Avenue (APN 473-061-01), 1962; 4846 East Butler Avenue (APN 473-061-02), 1957; 4845 East Townsend Avenue (APN 473-061-09), 1956; and 4837 East Townsend (APN 473-061-10), 1957. Because the construction dates for these homes are greater than 50 years of age, they each meet the threshold for consideration of historic designation. Each of the homes is an example of the tract homes built in the late 1950’s and early 1960’s, thousands of which exist throughout Fresno. Upon initial review, none of these homes appear to be eligible for National, California, or Local Register listing as they possess no outstanding features, unique design or architectural distinctives. Because these homes are not listed or eligible for listing in t he California Register of Historical Resources or in a local register of historical resources as defined IN PRC Section 5020.1(k), no impact would occur. ii.) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth is subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American Tribe. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 76 of 84 Fresno Pacific University Culture and Arts Center No Impact. Refer to item a) and ai), above. The Project site does not contain any resources determined to be significant for either the California Register of Historical Resources or a California Native American Tribe, specifically the Table Mountain Rancheria Tribe and the Dumna Wo Wah. XIX. UTILITIES AND SERVICE SYSTEMS Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? The utilities will be maintained by the City of Fresno Public Works Department and any other entities that have facilities within the easement. The Public Utility Easement (PUE) that will be in place after the vacation of the street will allow the City and utility entities access to maintain the utilities as needed. The PUE will encompass the street right-of-way that was vacated, which is 60’ wide for East Townsend, South Garden and East Heaton Av enues. FPU would be responsible for maintaining the surface improvements within the PUE (Bader, pers. comm. 2020). Given that the street vacation encompasses area that has been urbanized for many decades, no biological, botanical, cultural or historic resources exist within proposed right-of-way to be vacated. Ministerial permits and adopted city of Fresno development standards , proven to be effective in reducing potential environmental impacts, will reduce the potential environmental consequences of the proposed street vacation to an insignificant level. No Impact. Construction of the proposed Culture and Arts Center would rely on existing and new infrastructure to provide required utilities and service systems as described below. Water Domestic, fire and irrigation water infrastructure are currently in place extending south from a 12- inch water line in East Butler Avenue. There is also an 8-inch raw water line that aligns east-west on the south side of East Butler Avenue. Existing infrastructure includes a 4-inch water line for potable water and a 2-inch water line for irrigation, and 6-inch line for fire water sprinklers. There is no separate fire loop. A new water meter, backflow preventer and detector check valve are proposed on the north side of the project within and south of the sidewalk adjacent to Ea st Butler Avenue. An existing fire hydrant is located within the sidewalk on the south side of East Butler Avenue. Three existing water meters on the north side of the site and two on the south side of the site (which served the student housing and single-family homes to be demolished) will be removed. The existing water meter north of the existing student housing will remain in place with a 2-inch water line extension. A PUE will be established for City water infrastructure. No impact would occur with regard to relocation or construction of new or expanded water facilities which could cause significant environmental effects Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 77 of 84 Fresno Pacific University Culture and Arts Center Wastewater Treatment The City of Fresno owns and maintains the majority of the wastewater collection systems that convey wastewater to the Fresno-Clovis Regional Reclamation Facility (FCRWRF), and all of the wastewater collection system that conveys wastewater to the North Fresno Wastewater Reclamation Facility (NFWRF). The Project would not increase demand such that the additional wastewater treatment capacity would be needed. The City's wastewater collection system consists of more than 1,380 miles of gravity flow pipelines ranging in size from 4 inches to 84 inches in diameter and ranging in age from new to more than 100 years old (FCS p. 5.15-8). A 24-inch City sewer main is located north of the site within the right-of-way of East Butler Avenue. An existing 10-inch sewer line extends south from the main through the middle of the site (along the current property line) will be relocated to accommodate the proposed project. Sewer manholes are distributed throughout the site. Four-inch sewer lines also extend south from East Butler Avenue connecting to the residences to be demolished. These lines will be removed up to the public right-of-way then capped. No impact would occur with regard to relocation or construction of new or expanded wastewater facilities which could cause significant environmental effects. Storm Water Drainage FMFCD provides drainage service to the Fresno metropolitan area. In order to provide this service, FMFCD has organized the metropolitan area into over 170 urban drainage areas or watersheds. Collection systems convey the stormwater to disposal facilities, which in the majority of cases are excavated, unlined basins. The collection systems are designed to provide one foot of freeboard in the pipeline collection system designed to convey runoff rates generated by rainfall intensity up to and including a 50% probability of occurrence (a 2‐year return frequency) (FCS 2014, p. 5.15-10). A 24-inch FMFCD storm drainpipe aligns east-west within the north side of the right-of-way of East Butler Avenue. This line does not have adequate capacity to accommodate additional flows. Thus, the project includes a temporary detention basin to capture on-site flows. The basin is approximately 70 feet by 150 feet and approximately 3 feet deep. The unlined basin is proposed in the southwest corner of the site. Based on conversations/agreement with FMFCD and FPU, at the time the next phase of development occurs, FPU will need to construct an 18-inch main that would align down Heaton Avenue to the west, through a portion of the campus before extending out onto Chestnut Avenue. The 18-inch line would then extend south as a 30-inch main parallel to the existing 36-inch main until it reaches the California alignment. At this point, the line would extend west as a 48-inch line into Basin “A” (Ciesla pers. comm., 2020). The environmental impacts of construction of these improvements would be analyzed at the time they are undertaken. Impacts associated with construction of the on-site temporary detention basin are analyzed in this document. Electric Power Currently overhead electrical poles align east-west along East Butler Avenue to the north. A line connecting to this alignment extends south into the site then extends east-west through the existing backyards of the four single-family residences to be removed. The overhead line extending east- Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 78 of 84 Fresno Pacific University Culture and Arts Center west through the backyards of the homes will be relocated to the east and extend north-south from Butler Avenue between 4854 East Butler and the residence to the east. The remaining homes will be served from this line. Three existing overhead powerlines within the footprint of the project (one on the north, one on the east and one on the west) would be removed to accommodate construction. In addition, three existing power poles extending north-south along the current property line would also be removed. A new electrical transformer is proposed to the west of the Culture and Arts Center Utility Yard. FPU will be required to provide a permanent easement for PG&E at the time the streets (East Townsend Avenue, East Garden Avenue, South Heaton Avenue) are vacated. The City would hold the rights to the easement. No impact would occur with regard to undergrounding the power poles that would cause significant environmental effects as such undergrounding is subject to a ministerial permit issued by the C ity of Fresno. Natural Gas A 4-inch PG&E gas line is within the right-of-way of East Butler Avenue. Four ¾-inch gas distribution lines extend south from the 4-inch line into the project site. A new gas meter is proposed on the west side of the building, to the west of the Service Yard. No impact would occur with regard to relocation or construction of new or expanded natural gas facilities which could cause significant environmental effects. Telecommunications AT&T has a 4-inch line within the north side of the right-of-way of East Butler Avenue. There is also a 4-inch fiber optic line that aligns east-west on the south side of East Butler Avenue. No impact would occur with regard to relocation or construction of new or expanded telecommunication facilities which could cause significant environmental effects. In conclusion, removal, relocation and extension of new facilities would occur within existing right - of-way and the project footprint and would not result in significant environmental effects due to ministerial permits and adopted development standards that will assure adequate capacity exists to provide water wastewater, electric power, natural gas and telecommunications. In accordance with established City of Fresno and FMFCD standards, storm drainage would be temporarily captured on site until the FPU site is able to connect to the City’s system. No significant environmental impacts would occur as all improvements are within existing right-of-way/areas that have been previously disturbed. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. The City of Fresno Department of Public Utilities (DPU) provides potable water to most of the City as well as some users within the portion of the Planning Area outside of the City limits and to the Project. Fresno’s primary source of potable water is groundwater stored in an aquifer. This is groundwater is supplemented with surface water from the Kings River, the Central Valley Project and wastewater recycle exchange with Fresno Irrigation District. The proposed Project is a maximum of 26,758 square foot Culture and Arts Building. As planned, the project could accommodate 400 people. The Project could operate 7-days a week for limited Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 79 of 84 Fresno Pacific University Culture and Arts Center hours, but that is unlikely. The Project is not of sufficient size to require preparation of Water Supply Assessment under SB 610. Historically, the five student housing buildings and four single-family residences that occupied the Project site would have had a domestic water demand that exceeded the proposed Project. According to the City of Fresno Water Capacity Fee Study, “After the Metro Plan Update was developed, the City’s water demands decreased and the City reduce d its projections of future water demand through buildout. The most recent projections are developed in the City’s January 2014 Metro Plan Update Addendum which projects that potable water demand will increase to 195,000 acre-feet through buildout in 2035. This level of demand is equal to the total projected demand of 220,100 acre-feet (based on the 2035 General Plan Population with SBx7-7 Water Conservation Act compliance), less an estimated 25,000 AF of anticipated future recycled water supply” (Bartle Wells Associates 2016, p. 9). Thus, the proposed Project would have a less than significant impact on water supply. c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No Impact. The proposed Project is a 26,758 square foot Culture and Arts Center. As planned, the Project could accommodate 400 people. The Project could operate 7-days a week for limited hours. The Project would generate wastewater flows from toilets and sinks. Historically, the five student housing buildings and four single-family residences that occupied the Project site generated approximately a greater amount of residential wastewater than would be generate d by the proposed Culture and Arts Center based on its limited hours of operation. The City of Fresno owns and operates two wastewater treatment facilities that serve the Fresno metropolitan area: the Fresno-Clovis Regional Wastewater Reclamation Facility (FCRWRF) and the North Fresno Wastewater Reclamation Facility (NFWRF) (FCS, p. 5.15-6). The Project would be served by the FCRWRF and the City has indicated that existing wastewater facilities are available to provide service to the site subject to the following requirements: 1. Abandon existing 10-inch sewer main and vacate existing sewer easement. 2. Realign sewer system alignment From East Townsend Avenue to East Butler Avenue. 3. Submit engineering design plans of 10-inch realigned sewer main to DPU regarding plan check. 4. Provide new sewer easement to proposed 10-inch sewer main. 5. All sewer main easements shall be clear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be located above the sewer main. The planting plan, for any proposed landscape within the easement, shall be approved by the Department of Public Utilities. No Trees shall be located within 8 feet of the sewer main. 6. The proposed public 10-inch sewer main is design to be constructed along the westerly boundary of the proposed development. Provide a 20-foot sewer main easement along the center of the existing 8-inch sewer main. Easement shall be clearly marked with signage above indicating the exact location and type of facility below. 7. In the event City damages any street, sidewalk, landscaping or other improvements in exercising reasonable care, use and enjoyment of the Sewer Main Easement, City shall not be obligated to restore any street, sidewalk, landscaping or other improvements so damaged. City Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 80 of 84 Fresno Pacific University Culture and Arts Center shall have the right, without notice and at the property owner’s expense, to remove from the Sewer Main Easement any building, fence, tree, or other encroachment not approved by City’s Director of Public Utilities. 8. The Sewer Main Easement shall be maintained by the propert y owner free of any surface obstructions, except for those that may be approved by City’s Director of Public Utilities, so that City may have vehicular access to and through the Sew er Main Easement at all times. 9. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. 10. All public sanitary sewer facilities shall be constructed in accordance with City Standards , specifications, and policies. 11. Installation of sewer house branch(s) shall be required. 12. Street work permit is required for any work in the Right-of-Way. 13. On-site sanitary sewer facilities shall be private. 14. The Project Developer shall contact Wastewater Management Division/Environmental Services at (559) 621-5100 prior to pulling building permits regarding condition s of service for special users. As outlined above, adequate wastewater capacity is available to serve the proposed. Therefore, no impact to wastewater treatment would occur. d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? No Impact. The proposed Project is a 26,758 square foot Culture and Arts Center. As planned, the project could accommodate 400 people. The Project could operate 7 -days a week for limited hours. The facility is not anticipated to generate appreciable quantities of waste given its use and would be subject to waste diversion protocols and procedures . Solid waste service is provided by the City of Fresno. Waste is disposed of at the American Avenue Landfill which has an estimated closure date of August 31, 2031. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact. Refer to item d) above. XX. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. According to the City of Fresno General Plan Master Environmental Impact Report, “The City does not maintain formal evacuation routes, as the most appropriate routes away from Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 81 of 84 Fresno Pacific University Culture and Arts Center an area that may have been affected by a major disaster would be determined by the location and type of incident. Plans for such incidents would also be heavily subject to change ” (FCS 2014, p. 5.8-9). The Project would have no impact on substantially impairing an adopted emergency response plan or emergency evacuation plan. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. According to the City of Fresno General Plan Master EIR, “although the City of Fresno is proximate to high and very high fire hazard designated areas, the city is largely categorized as little or no threat or moderate fire hazard, which is largely attributed to paved areas” (FCS 2014, p. 5.8-24). Therefore, no impact would occur regarding exposing project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The proposed Project would construct a Culture and Arts Center on the campus of FPU served by adequate urban infrastructure. Due to the nature of the Project and its location within the City of Fresno in an urban setting, the proposed Project would not require new roads, fuel breaks, emergency water sources, power lines, or other utilities for constru ction that may exacerbate fire risk. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The proposed Project is located on flat land in the City of Fresno, specifically within the campus of FPU, an urban setting. The Project would be built compliant with applicable development codes. No impact would occur that would result in exposing people or structures to significant risks, including downslope or downstream flooding or landslides as a result of runoff, post-fire slope instability, or drainage changes. Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov. Code; Sections 21080(c), 21080.1, 21080.3, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and 21151, Public Resources Code; Sundstrom v. County of Mendocino,(1988) 202 Cal.App.3d 296; Leonoff v. Monterey Board of Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656. Potentially Significant Impact (PSI) Potentially Significant Unless Mitigation Incorporated (PSUMI) Less Than Significant Impact (LTSI) No Impact (NI) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 82 of 84 Fresno Pacific University Culture and Arts Center SECTION 3 III. MANDATORY FINDINGS OF SIGNIFICANCE The following are Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. Implementation of the proposed Project would construct a 26,758 square foot Culture and Arts Building on the FPU campus. The site and surrounding area have been developed and the Project would replace existing vacant housing rather than disturbing undeveloped, vacant land. The proposed Project would have no impact with regard to degrading the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) No Impact. The proposed Project would not result in any impacts that are individually limited but cumulatively considerable. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact. The proposed Project would provide a venue for performing arts and community gatherings on the campus of FPU. The Project would be developed consistent with applicable plans and standards and would be beneficial to the student body and larger community. Therefore, the proposed Project would not cause a substantial adverse effect on human beings either directly or indirectly. No impact would occur. City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 83 of 84 Fresno Pacific University Culture and Arts Center IV. PERSONS AND ORGANIZATIONS CONSULTED This section identifies those persons who prepared or contributed to preparation of this document. This section is prepared in accordance with Section 15129 of the CEQA Guidelines. A. CITY OF FRESNO Will Tackett, Planning Manager - City of Fresno Jose Valenzuela, Planner III – City of Fresno McKencie Perez, Supervising Planner – City of Fresno B. OTHER AGENCIES/ORGANIZATIONS San Joaquin Valley Air Pollution Control District C. ARCHITECT Paul Halajian, AIA, LEED AP – Paul Halajian Architects Peter Lau, Senior Architect – Paul Halajian Architects D. ENGINEER Lane Bader, PE, Project Manager - Blair Church & Flynn E. PROJECT REPRESENTATIVE Dirk Poeschel, AICP, Land Development Services, Inc. F. MND PREPARERS Kevin L. Grant, Managing Principal Ericsson-Grant, Inc. Melanie J. Halajian, AICP, Senior Planner – Ericsson-Grant, Inc. (Written or oral comments received on the checklist prior to circulation) City of Fresno Planning and Development Department Initial Study, Environmental Checklist Form Page 84 of 84 Fresno Pacific University Culture and Arts Center V. REFERENCES Bader, Lane. PE. Project Manager. Blair Church and Flynn. Personal communication (e-mail). April 3, 2020. Referenced in text as (Bader pers. comm. 2020). Bartel Wells Associates. 2016. “City of Fresno – Water Capacity Fee Study.” August 26, 2016. Referenced in text as (Bartel Wells Associates 2016). Ciesla, Jakub. Assistant Engineer. E-mail regarding FPU Culture an Arts Center – Storm Drain Line. Personal communication (e-mail). March 26, 2020. Referenced in text as (Ciesla pers. comm., 2020). ECORP. 2020a. Fresno Pacific University Culture and Arts Center – Emissions Memorandum. May 2020. Referenced in text as (ECORP 2020a). 2020b. Fresno Pacific University Culture and Arts Center – Energy Memorandum. May 2020. Referenced in text as (ECORP 2020b). First Carbon Solutions. 2014. Draft Master Environmental Impact Report General Plan Development Code Update. City of Fresno, Fresno County, California. July 22, 2014. Reference in text as (FCS 2014). Fresno, City of. Operational Statement and Environmental Assessment Application. R evised March 12, 2020. Referenced in text as (City of Fresno, 2020). Fresno, County of. Fresno County Office of Emergency Services website. Accessed at https://www.co.fresno.ca.us/departments/public-health/office-of-emergency-services-oes/about- fresno-county-office-of-emergency-services. Accessed March 23, 2020. Reference in text as (Fresno County OES 2020). Halajian, Paul. AIA. 2020. Personal communication (e-mail). April 1, 2020. Referenced in text as (Halajian pers. comm., 2020). JLB Traffic Engineering. 2020. Fresno Pacific University Culture and Arts Center Traffic Impact Analysis. March 19, 2020. Referenced in text as (JLB 2020). Leon, Richard Danny. Certified Asbestos Consultant. Leon Environmental Services. 2019a. Asbestos Survey Report Duplex Units A and B, 4832 E. Butler Avenue, Fresno, CA, LES Job #S118 -19-01. September 16, 2019. Referenced in text as (Leon 2019a). 2019b. Asbestos Survey Report Duplex Units C and D, 4832 E. Butler Avenue, Fresno, CA, LES Job #S118-19-02. September 18, 2019. Referenced in text as (Leon 2019b). 2019c. Asbestos Survey Report Duplex Units E and F, 4832 E. Butler Ave nue, Fresno, CA, LES Job #S118-19-03. September 17, 2019. Referenced in text as (Leon 2019c). 2019d. Asbestos Survey Report Duplex Units G and H, 4832 E. Butler Avenue, Fresno, CA, LES Job #S118-19-04. September 17, 2019. Referenced in text as (Leon 2019d). 2019e. Asbestos Survey Report Duplex Units J and K, 4832 E. Butler Avenue, Fresno, CA, LES Job #S118-19-05. September 18, 2019. Referenced in text as (Leon 2019e). Paul Halajian Architects. Fresno Pacific University Culture and Arts Center Arts Center Operational Statement. Revised March 12, 2020. Reference d in text as (PHA 2020a). ATTACHMENT A MEMORANDUM OF UNDERSTANDING BETWEEN FRESNO PACIFIC UNIVERSITY AND BUTLER CHURCH THIS PAGE INTENTIONALLY LEFT BLANK. ATTACHMENT B FRESNO PACIFIC UNIVERSITY CULTURE AND ARTS CENTER EMISSIONS MEMORANDUM THIS PAGE INTENTIONALLY LEFT BLANK. Project 2020‐063/ Fresno Pacific University Culture and Arts Center Project  2525 Warren Drive   ●   Rocklin, CA  95677   ●   Tel: (916) 782‐9100   ●   Fax: (916) 782‐9134   ●   www.ecorpconsulting.com E May 2020 Ericsson-Grant, Inc. 418 Parkwood Lane, Suite 200 Encinitas, California 92024 RE: Fresno Pacific University Culture and Arts Center – Emissions Memorandum PROJECT DESCRIPTION The Fresno Pacific University Culture and Arts Center Project (Project) proposes the demolition of several existing residential buildings located on five parcels totaling 5.5 acres at the existing Fresno Pacific University (FPU) campus at 4824 E. Butler Avenue. The demolition of these buildings would make way for the construction of a new 26,758 square foot (SF), Culture and Arts Center in the City of Fresno. The Project site is located at the southeast corner of East Butler Avenue and South Chestnut Avenue adjacent to FPU. The proposed Project would provide a venue for students to plan, perform and manage events in a campus-like environment. Two distinct components are proposed for the Culture and Arts Center. The first is the main auditorium which would seat approximately 400 people and accommodate a wide range of events. The second component of the center is the “Black Box” which would provide an open seating and flexible use arrangement for 99 people. The Project would provide 75 parking spaces on the Project site including 60 standard stalls, one compact stall, and three handicapped accessible stalls. FPU would utilize its existing staff and students to facilitate events at the Center. The proposed Project would begin construction in October of 2020 and is anticipated to last approximately 21 months. ENVIRONMENTAL SETTING San Joaquin Valley Air Basin The Project site is located in the City of Fresno in Fresno County, in the Central Valley of California. The city lies in a region identified as the San Joaquin Valley Air Basin (SJVAB). The SJVAB occupies the southern two-thirds of the Central Valley and includes eight counties. The SJVAB is mostly flat, less than 1,000 feet in elevation, and is surrounded on three sides by the Sierra Nevada, Tehachapi, and Coast Range mountains. This bowl-shaped feature forms a natural barrier to the dispersion (spreading over an area) of air pollutants. As a result, the SJVAB is highly susceptible to pollutant accumulation over time (SJVAPCD 2002). San Joaquin Valley Air Pollution Control District The local air quality agency affecting the SJVAB is the San Joaquin Valley Air Pollution Control District (SJVAPCD), which is charged with the responsibility of implementing air quality programs, ensuring that national and state ambient air quality standards are not exceeded and that air quality conditions are maintained in the SJVAB. In an attempt to achieve national and state ambient air quality standards and maintain air quality, the air district has completed several air quality attainment plans and reports, which ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 2 May 2020 2020-063 together constitute the State Implementation Plan (SIP) for the portion of the SJVAB encompassing the Project. The SJVAPCD has also adopted various rules and regulations for the control of stationary and area sources of emissions. Provisions applicable to the proposed Project are summarized as follows: • Regulation IV (Visible Emissions), Rule 4101, Nuisance. The purpose of this rule is to protect the health and safety of the public from source operations that emit or may emit air contaminants or other materials. It prohibits emissions of air contaminants or other materials “which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public.” • Regulation IV (Visible Emissions), Rule 4601, Architectural Coatings. The rule limits volatile organic compound (VOC) emissions from architectural coatings and specifies practices for proper storage, cleanup, and labeling requirements. Rule 4601 applies to “any person who supplies, sells, offers for sale, applies, or solicits the application of any architectural coating, or who manufactures, blends or repackages any architectural coating for use within the District.” Materials covered by the rule include adhesives, architectural coatings, paints, varnishes, sealers, stains, concrete curing compounds, concrete/masonry sealers, and waterproofing sealers. • Regulation IV (Visible Emissions), Rule 4641, Cutback, Slow Curve and Emulsified Asphalt, Paving and Maintenance Operations. The purpose of this rule is to limit VOC emissions by restricting the application and manufacturing of certain types of asphalt and maintenance operations and applies to the use of these materials. Specifically, certain types of asphalt cannot be used for penetrating prime coat, dust palliative, or other paving: rapid cure and medium cure cutback asphalt, slow cure asphalt that contains more than 0.5 percent of organic compound which evaporates at 500˚F or lower, and emulsified asphalt containing VOC in excess of 3 percent which evaporates at 500˚F or lower. • Regulation VIII (Fugitive PM10 Prohibitions), Rules 8021–8071, Fugitive PM10 Prohibitions. The purpose of these rules is to limit airborne particulate emissions associated with construction, demolition, excavation, extraction, and other earthmoving activities, as well as with open disturbed land and emissions associated with paved and unpaved roads. Accordingly, these rules include specific measures to be employed to prevent and reduce fugitive dust emissions from anthropogenic sources. • Regulation IX (Mobile and Indirect Sources), Rule 9510, Indirect Source Review. This rule is the result of state requirements outlined in California Health and Safety Code Section 40604 and the SIP. The air district’s SIP commitments were originally contained in the SJVAPCD’s 2003 PM10 Plan and Extreme Ozone Attainment Demonstration Plans, which presented the SJVAPCD’s strategy to reduce PM10 and NOx in order to reach the ambient air pollution standards on schedule, which had been 2010. The plans quantify the reduction from current SJVAPCD rules and proposed rules, as well as state and federal regulations, and then model future emissions to determine whether the SJVAPCD may reach attainment for applicable pollutants. This rule will reduce emissions of NOx and PM10 from new development projects that attract or generate motor vehicle trips. In general, new development contributes to the air pollution problem in the SJVAB by increasing the number of vehicles and vehicle miles traveled. Although newer, cleaner technology is ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 3 May 2020 2020-063 reducing per-vehicle pollution, the emissions increase from new development partially offsets emission reductions gained from technology advances. Indirect Source Review applies to larger development projects that have not yet gained discretionary approval. A discretionary permit is a permit from a public agency, which requires some amount of deliberation by that agency, including the potential to require modifications or conditions on the project. In accordance with this rule, developers of larger residential, commercial, and industrial projects are required to reduce smog-forming NOx and PM10 emissions from their projects’ baselines as follows (SJVAPCD 2005): o 20 percent of construction NOx exhaust o 45 percent of construction PM10 exhaust o 33 percent of operational NOx over 10 years o 50 percent of operational PM10 over 10 years These reductions are intended to be achieved through incorporation of on-site reduction measures. If, after implementation of on-site emissions reduction measures project emissions still exceed the minimum baseline reduction, the Indirect Source Review requires a project applicant to pay an off-site fee to the SJVAPCD, which is then used to fund clean-air projects within the air basin. Criteria Air Pollutants Criteria air pollutants are defined as those pollutants for which the federal and state governments have established air quality standards for outdoor or ambient concentrations to protect public health with a determined margin of safety. Ozone (O3), coarse particulate matter (PM10), and fine particulate matter (PM2.5) are generally considered to be regional pollutants because they or their precursors affect air quality on a regional scale. Pollutants such as carbon monoxide (CO), nitrogen dioxide (NO2), and sulfur dioxide (SO2) are considered to be local pollutants because they tend to accumulate in the air locally. PM is also considered a local pollutant. AIR QUALITY IMPACT ANALYSIS Methodology Air quality emissions-related impacts were assessed in accordance with methodologies recommended by the California Air Resources Board (CARB) and the SJVAPCD. Where quantification is required, emissions are modeled using the California Emissions Estimator Model (CalEEMod), version 2016.3.2. CalEEMod is a statewide land use emissions computer model designed to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. Project construction- generated emissions were primarily calculated using CalEEMod model defaults for Fresno County, though the span of construction has been adjusted to reflect the timing anticipated by FPU. Operational air pollutant emissions were calculated based on the Project site plans and the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 4 May 2020 2020-063 Impact Discussion Would the Project Conflict with or Obstruct Implementation of the Applicable Air Quality Plan? As part of its enforcement responsibilities, the U.S. Environmental Protection Agency requires each state with nonattainment areas to prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the federal standards. The SIP must integrate federal, state, and local plan components and regulations to identify specific measures to reduce pollution in areas that do not meet federal and/or state air quality standards (nonattainment areas), using a combination of performance standards and market-based programs. Similarly, under State law, the California Clean Air Act (CAA) requires an air quality attainment plan to be prepared for areas designated as nonattainment with regard to the federal and state ambient air quality standards. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date. The Project site lies within the boundaries of the SJVAB and is in nonattainment for exceeding state and federal criteria pollutant levels. As previously mentioned, the Project site is located within the SJVAB, which is under the jurisdiction of the SJVAPCD. The SJVAPCD is required, pursuant to the federal CAA, to reduce emissions of criteria pollutants for which the SJVAB is in nonattainment. In order to reduce such emissions, the SJVAPCD prepared the 2004 Extreme Ozone Attainment Demonstration Plan and 2013 Plan for the Revoked 1-Hour Ozone Standard, 2007 Ozone Plan, 2009 Reasonably Available Control Technology Demonstration for Ozone State Implementation Plan, 2016 Plan for the 2008 8-Hour Ozone Standard and 2016 Moderate Area Plan for the 2012 PM2.5 Standard. These plans collectively address the air basin’s nonattainment status with the national and state ozone standards as well as particulate matter by establishing a program of rules and regulations directed at reducing air pollutant emissions and achieving state (California) and national air quality standards. Pollutant control strategies are based on the latest scientific and technical information and planning assumptions, updated emission inventory methodologies for various source categories, and the latest population growth projections and associated vehicle miles traveled projections for the region. SJVAPCD’s latest population growth forecasts were defined in consultation with local governments and with reference to local general plans. A project conforms with the SJVAPCD air quality plans if it complies with all applicable district rules and regulations, does not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality violations, and is consistent with the growth forecasts in the applicable plans. The proposed Project would not increase the number of residents in the area and would not increase the number of students attending FPU. The Project is proposing the development of a 26,758 SF Culture and Arts Center for students, facility and residents of the surrounding area and thus would not conflict with the growth forecasts in the applicable plans. Furthermore, as shown in Table 1 and Table 3 below, both Project construction and Project operations would not generate emissions that would exceed SJVAPCD significance thresholds and therefore would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new air quality violations. The Project would be required to adhere to all applicable SJVAPCD rules and regulations. Implementation of MM-1, described ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 5 May 2020 2020-063 below, would reduce construction-generated emissions below what is required in Rule 9510 and MM-2 would reduce operational-generated emissions or offset the emissions with payment of a fee. For these reasons, the Project would not conflict with or obstruct implementation of any applicable air quality plan. Would the Project Result in a Cumulative Considerable Net Increase of Any Criteria Pollutant for which the Project Region is Non-Attainment Under an Applicable Federal or State Ambient Air Quality Standard? By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size, by itself, to result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. If a project’s individual emissions exceed its identified significance thresholds, the project would be cumulatively considerable. Projects that do not exceed significance thresholds would not be considered cumulative considerable. A portion of the proposed Project’s air quality impacts are attributable to construction activities. The majority of the long-term air quality impacts will be due to the operation of motor vehicles traveling to and from the site. For purposes of impact assessment, air quality impacts have been separated into construction impacts and operational impacts. Construction Emission Impacts Construction-generated emissions are temporary and short-term but have the potential to represent a significant air quality impact. Three basic sources of short-term emissions will be generated through construction of the proposed Project: operation of the construction vehicles (i.e., excavators, trenchers, dump trucks), the creation of fugitive dust during clearing and grading, and the use of asphalt or other oil-based substances during paving activities. Construction activities such as excavation and grading operations, construction vehicle traffic, and wind blowing over exposed soils would generate exhaust emissions and fugitive PM emissions that affect local air quality at various times during construction. Effects would be variable depending on the weather, soil conditions, the amount of activity taking place, and the nature of dust control efforts. The dry climate of the area during the summer months creates a high potential for dust generation. Construction activities would be subject to SJVAPCD Regulation VIII, which specifies the following measures to control fugitive dust:  Apply water to unpaved surfaces and areas.  Use nontoxic chemical or organic dust suppressants on unpaved roads and traffic areas.  Limit or reduce vehicle speed on unpaved roads and traffic areas to a maximum 15 miles per hour.  Maintain areas in a stabilized condition by restricting vehicle access.  Install wind barriers.  During high winds, cease outdoor activities that disturb the soil. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 6 May 2020 2020-063  Keep bulk materials sufficiently wet when handling.  Store and handle materials in a three-sided structure.  When storing bulk materials, apply water to the surface or cover the storage pile with a tarp.  Don’t overload haul trucks. Overloaded trucks are likely to spill bulk materials.  Cover haul trucks with a tarp or other suitable cover. Or, wet the top of the load enough to limit visible dust emissions.  Clean the interior of cargo compartments on emptied haul trucks prior to leaving a site.  Prevent trackout by installing a trackout control device.  Clean up trackout at least once a day. If along a busy road or highway, clean up trackout immediately.  Monitor dust-generating activities and implement appropriate measures for maximum dust control. Construction-generated emissions associated with the proposed Project were calculated using the CARB-approved CalEEMod computer program, which is designed to model emissions for land use development projects, based on typical construction requirements. See Attachment A for more information regarding the construction assumptions, including construction equipment and duration, used in this analysis. The SJVAPCD’s (2015) Guidance for Assessing and Mitigation Air Quality Impacts identifies significance thresholds for ROG, CO, and NOX, SO2, PM10, and PM2.5. Predicted maximum daily construction-generated emissions for the proposed Project are summarized in Table 1. Construction- generated emissions are short-term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the SJVAPCD’s thresholds of significance. Table 1. Construction-Related Emissions Construction Year Maximum Pollutants (tons per year) ROG NOX CO SO2 PM10 PM2.5 Construction in the Year 2020 0.2 2.0 1.3 0.0 0.5 0.3 Construction in the Year 2021 1.0 4.2 4.2 0.0 0.3 0.2 Construction in the Year 2022 0.3 2.1 2.5 0.0 0.1 0.1 SJVAPCD Potentially Significant Impact Threshold 10 10 100 27 15 15 Exceed SCAQMD Regional Threshold? No No No No No No Source: CalEEMod version 2016.3.2. Refer to Attachment A for Model Data Outputs. Notes: Emission reduction/credits for construction emissions are applied based on the required implementation of SJVAPCD Regulation VIII. The specific regulation applied in CalEEMod was watering unpaved surfaces two times per day with a maximum vehicle speed of 15 mph. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 7 May 2020 2020-063 As shown in Table 1, construction-generated emissions would not exceed SJVAPCD significance thresholds. In addition to the SJVAPCD criteria air pollutant thresholds, SJVAPCD Rule 9510, Indirect Source Review, aims to fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans. This rule applies to the following construction projects within the jurisdiction of the SJVAPCD: • 50 residential units • 2,000 square feet of commercial space • 25,000 square feet of light industrial space • 100,000 square feet of heavy industrial space • 20,000 square feet of medical office space • 39,000 square feet of general office space • 9,000 square feet of educational space • 10,000 square feet of government space • 20,000 square feet of recreational space; or • 9,000 square feet of space not identified above. This rule also applies to any transportation or transit project where construction exhaust emissions equal or exceed two tons of NOx or two tons of PM10. The project developers are required to reduce concentrations of NOx by 20 percent and PM10 by 45 percent during construction activities. The Project is proposing the construction of more than 9,000 square feet of educational space. Therefore, the proposed Project is required to comply with Rule 9510. In accordance with Rule 9510, the Project applicant is required to prepare a detailed air impact assessment (AIA) for submittal to the SJVAPCD, which demonstrates reduction of NOx emissions from the Project’s baseline by 20 percent and PM10 emissions from the Project’s baseline by 45 percent. Therefore, the following mitigation is required. Mitigation Measure MM-1 In accordance with SJVAPCD Rule 9510, a detailed air impact assessment (AIA) shall be prepared detailing the specific construction requirement (i.e., equipment required, hours of use, etc.) and operational characteristics associated with the proposed Project. In accordance with this rule, emissions of NOX from construction equipment greater than 50 horsepower used or associated with the development Project shall be reduced by 20 percent from baseline (unmitigated) emissions and PM10 emissions by 45 percent. The Project will demonstrate compliance with Rule 9510, including payment of all applicable fees, before issuance of the first building permit. Examples of mitigation measures that would reduce emissions attributable to the proposed Project in compliance with Rule 9510 include, but are not limited to, the following: ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 8 May 2020 2020-063  During all construction activities, all diesel-fueled construction equipment including, but not limited to, rubber-tired dozers, graders, scrapers, excavators, asphalt paving equipment, cranes, and tractors shall be California Air Resources Board (CARB) Tier 4 Certified as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations.  All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. Equipment maintenance records shall be kept on-site and made available upon request by the SJVAPCD or the City of Fresno.  The Project applicant shall comply with all applicable SJVAPCD rules and regulations. Copies of any applicable air quality permits and/or monitoring plans shall be provided to the City. As demonstrated in Table 2, implementation of mitigation measure MM-1 has the potential to reduce total NOx emissions by 156 percent and total PM10 emissions by 127 percent, which is beyond the reduction needed to achieve the SJVAPCD Rule 9510 target. Table 2. Construction Related NOx & PM10 Emissions- Baseline and Mitigated (tons per year) Construction NOx Baseline NOx Mitigated Percent Reduction Total Construction 8.3 1.0 156% SJVAPCD Rule 9510 NOx Reduction Target 20% Construction Year PM10 Baseline PM10 Mitigated Percent Reduction Total Construction 0.9 0.2 127% SJVAPCD Rule 9510 PM10 Reduction Target 45% Source: CalEEMod version 2013.2.2. See Attachment A for emission outputs As previously stated, construction-generated emissions would not exceed SJVAPCD significance thresholds. However, construction activities include the construction of more than 9,000 square feet of educational space, instigating the implementation of Rule 9510 and the requirement to reduce NOx emissions from the Project’s unmitigated baseline by 20 percent and PM10 emissions from the Project unmitigated baseline by 45 percent. Mitigation measure MM-1 would result in a greater than 20 percent reduction of NOx emissions from the unmitigated baseline and a greater than 45 percent reduction of PM10 emissions from the unmitigated baseline for all construction activities. Criteria pollutant emissions generated during Project construction would not result in a violation of air quality standards. Operational Emission Impacts Implementation of the Project would result in long-term operational emissions of criteria air pollutants such as PM10, PM2.5, CO, and SO2 as well as ozone precursors such as ROG and NOX. Project-generated increases in emissions would be predominantly associated with motor vehicle use. Operational air ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 9 May 2020 2020-063 pollutant emissions were based on the Project site plans and the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). Long-term operational emissions attributable to the Project are identified in Table 3 and compared to the regional operational significance thresholds promulgated by the SJVAPCD. Table 3. Operational-Related Emissions (Regional Significance Analysis) Construction Year Maximum Pollutants (tons per year) ROG NOX CO SO2 PM10 PM2.5 Annual (Maximum Tons per Year) Area Source 0.1 0.0 0.0 0.0 0.0 0.0 Energy Use 0.0 0.0 0.0 0.0 0.0 0.0 Mobile Source 0.1 1.0 0.8 0.0 0.2 0.1 Total 0.2 1.0 0.8 0.0 0.2 0.1 SJVAPCD Significance Threshold 10 10 15 15 100 27 Exceed SJVAPCD Threshold? No No No No No No Source: CalEEMod version 2016.3.2. Refer to Attachment A for Model Data Outputs. Notes: Emissions projections account for 296 vehicle trips per day according to the traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). As indicated in Table 3, operational-generated emissions would not exceed SJVAPCD significance thresholds. Although operational emissions are low the proposed Project is still subject to Rule 9510 and would be required to consult with the SJVAPCD regarding the specific applicability of Rule 9510 in relation to Project operations. In accordance with Rule 9510, the Project applicant would be required to prepare a detailed AIA for submittal to the SJVAPCD demonstrating the reduction from the Project’s baseline of NOx emissions by 33.3 percent. Mitigation measure MM-2, described below, is required. Operational emissions from the proposed Project would not exceed SJVAPCD significance thresholds and will abide by SJVAPCD Rule 9510 with implementation of Mitigation Measure MM-2. Mitigation Measure MM-2 In accordance with SJVAPCD Rule 9510, a detailed air impact assessment shall be prepared detailing the operational characteristics associated with the proposed Project. In accordance with this rule, operational emissions of NOx shall be reduced by a minimum of 33.3 percent. (Emissions reductions are in comparison to the Project’s operational baseline emissions presented in Table 3.) The Project would demonstrate compliance with Rule 9510, including payment of all applicable fees, before issuance of the first building permit. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 10 May 2020 2020-063 Based on the findings of the air impact assessment, the applicant shall pay the SJVAPCD a monetary sum necessary to offset the required operational emissions that are not reduced by the emission reduction measures contained in the air impact assessment. The quantity of operational emissions that need to be offset will be calculated in accordance with the methodologies identified in Rule 9510, Indirect Source Review, and approved by the SJVAPCD. Operational emissions reduction methods will be selected under the direction of the SJVAPCD according to the air impact assessment process detailed in, and required by Rule 9510, Indirect Source Review (see Rule 9510, subsection 5). Would the Project Expose Sensitive Receptors to Substantial Pollutant Concentrations? Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The sensitive receptors surrounding the Project site are residents to the north and west, the Butler Church and residents to the east, and FPU and residents to the south. The nearest sensitive receptors to the development site are the residences located to the east with the closest one located approximately 25 feet distant. Construction Generated Air Contaminants Construction-related activities would result in temporary, short-term proposed Project-generated emissions of diesel particulate matter (DPM), ROG, NOx, CO, and PM10 from the exhaust of off-road, heavy-duty diesel equipment for site preparation (e.g., clearing, grading); soil hauling truck traffic; paving; and other miscellaneous activities. However, as shown in Table 1 the Project would not exceed the SJVAPCD emission thresholds. The portion of the SJVAB which encompasses the Project area is designated as a nonattainment area for state standards of O3, PM10 and PM2.5 while also being designated as a nonattainment area for federal standards of O3 and PM2.5 (CARB 2018a). Thus, existing these levels in the SJVAB are at unhealthy levels during certain periods. The health effects associated with O3 are generally associated with reduced lung function. Because the Project would not involve construction activities that would result in O3 precursor emissions (ROG or NOx) in excess of the SJVAPCD thresholds, the Project is not anticipated to substantially contribute to regional O3 concentrations and the associated health impacts. CO tends to be a localized impact associated with congested intersections. In terms of adverse health effects, CO competes with oxygen, often replacing it in the blood, reducing the blood’s ability to transport oxygen to vital organs. The results of excess CO exposure can include dizziness, fatigue, and impairment of central nervous system functions. The Project would not involve construction activities that would result in CO emissions in excess of the SJVAPCD thresholds. Thus, the Project’s CO emissions would not contribute to the health effects associated with this pollutant. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 11 May 2020 2020-063 Particulate matter (PM10 and PM2,5) contains microscopic solids or liquid droplets that are so small that they can get deep into the lungs and cause serious health problems. Particulate matter exposure has been linked to a variety of problems, including premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory symptoms such as irritation of the airways, coughing, or difficulty breathing. For construction activity, DPM is the primary toxic air contaminant (TAC) of concern. Particulate exhaust emissions from diesel- fueled engines (i.e., DPM) were identified as a TAC by the CARB in 1998. The potential cancer risk from the inhalation of DPM, as discussed below, outweighs the potential for all other health impacts (i.e., non- cancer chronic risk, short-term acute risk) and health impacts from other TACs. Based on the emission modeling conducted, the maximum onsite construction-related daily emissions of exhaust PM2.5, considered a surrogate for DPM, would be 0.08 pounds/day during 2020, 2021 and 2022 construction activities (see Appendix A). (PM2.5 exhaust is considered a surrogate for DPM because more than 90 percent of DPM is less than 1 microgram in diameter and therefore is a subset of particulate matter under 2.5 microns in diameter (i.e., PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles.) As with O3 and NOx, the Project would not generate emissions of PM10 or PM2.5 that would exceed the SJVAPCD’s thresholds. Additionally, the Project would be required to comply with SJVAPCD Regulation VIII described above, which limits the amount of fugitive dust generated during construction. Accordingly, the Project’s PM10 and PM2.5 emissions are not expected to cause any increase in related regional health effects for these pollutants. In summary, the Project would not result in a potentially significant contribution to regional concentrations of nonattainment pollutants and would not result in a significant contribution to the adverse health impacts associated with those pollutants. Project Operations Operation of the proposed Project would not result in the development of any substantial sources of air toxics. There are no stationary sources associated with the operations of the Project; nor would the Project attract mobile sources that spend long periods queuing and idling at the site. Thus, by its very nature, would not be a source of TAC concentrations during proposed Project operations. Naturally Occurring Asbestos Another potential air quality issue associated with construction-related activities is the airborne entrainment of asbestos due to the disturbance of naturally occurring asbestos-containing soils. The proposed Project is not located within an area designated by the State of California as likely to contain naturally occurring asbestos (Department of Conservation [DOC] 2000). As a result, construction-related activities would not be anticipated to result in increased exposure of sensitive land uses to asbestos. Valley Fever Coccidioidomycosis (CM), often referred to as San Joaquin Valley Fever or Valley Fever, is one of the most studied and oldest known fungal infections. Valley Fever most commonly affects people who live in hot dry areas with alkaline soil and varies with the season. This disease, which affects both humans and animals, is caused by inhalation of arthroconidia (spores) of the fungus Coccidioides immitis (CI). CI spores ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 12 May 2020 2020-063 are found in the top few inches of soil and the existence of the fungus in most soil areas is temporary. The cocci fungus lives as a saprophyte in dry, alkaline soil. When weather and moisture conditions are favorable, the fungus "blooms" and forms many tiny spores that lie dormant in the soil until they are stirred up by wind, vehicles, excavation, or other ground-moving activities and become airborne. Agricultural workers, construction workers, and other people who work outdoors and who are exposed to wind and dust are more likely to contract Valley Fever. Children and adults whose hobbies or sports activities expose them to wind and dust are also more likely to contract Valley Fever. After the fungal spores have settled in the lungs, they change into a multicellular structure called a spherule. Fungal growth in the lungs occurs as the spherule grows and bursts, releasing endospores, which then develop into more spherules. Valley fever (Coccidioidomycosis) is found in California, including Fresno County. In about 50 to 75 percent of people, valley fever causes either no symptoms or mild symptoms and those infected never seek medical care; when symptoms are more pronounced, they usually present as lung problems (cough, shortness of breath, sputum production, fever, and chest pains). The disease can progress to chronic or progressive lung disease and may even become disseminated to the skin, lining tissue of the brain (meninges), skeleton, and other body areas. Fresno County is considered a highly endemic area for valley fever. When soil containing this fungus is disturbed by ground-disturbing activities such as digging or grading, by vehicles raising dust, or by the wind, the fungal spores get into the air. When people breathe the spores into their lungs, they may get valley fever. Fungal spores are small particles that can grow and reproduce in the body. The highest infection period for valley fever occurs during the driest months in California, between June and November. Infection from valley fever during ground-disturbing activities can be partially mitigated through the control of Project-generated dust. As noted, Project-generated dust would be controlled by adhering to SJVAPCD dust-reducing measures (Regulation VIII), which includes the preparation of a SJVAPCD-approved dust control plan describing all fugitive dust control measures that are to be implemented before, during, and after any dust-generating activity. With minimal site grading and conformance with SJVAPCD Regulation VIII, dust from the construction of the Project would not add significantly to the existing exposure level of people to this fungus, including construction workers. Carbon Monoxide Hot Spots It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when idling at intersections. Concentrations of CO are a direct function of the number of vehicles, length of delay, and traffic flow conditions. Under certain meteorological conditions, CO concentrations close to congested intersections that experience high levels of traffic and elevated background concentrations may reach unhealthy levels, affecting nearby sensitive receptors. Given the high traffic volume potential, areas of high CO concentrations, or “hot spots,” are typically associated with intersections that are projected to operate at unacceptable levels of service during the peak commute hours. However, transport of this criteria pollutant is extremely limited, and CO disperses rapidly with distance from the source under normal meteorological conditions. Furthermore, vehicle emissions standards have become increasingly ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 13 May 2020 2020-063 more stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations in the Project vicinity have steadily declined. Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard. The analysis prepared for CO attainment in the South Coast Air Quality Management District’s (SCAQMD’s) 1992 Federal Attainment Plan for Carbon Monoxide in Los Angeles County can be used to demonstrate the potential for CO exceedances. The SCAQMD CO hot spot analysis was conducted for four busy intersections in Los Angeles County during the peak morning and afternoon time periods. The intersections evaluated included Long Beach Boulevard and Imperial Highway (Lynwood), Wilshire Boulevard and Veteran Avenue (Westwood), Sunset Boulevard and Highland Avenue (Hollywood), and La Cienega Boulevard and Century Boulevard (Inglewood). The busiest intersection evaluated was at Wilshire Boulevard and Veteran Avenue, which has a traffic volume of approximately 100,000 vehicles per day. The Los Angeles County Metropolitan Transportation Authority evaluated the level of service (LOS) in the vicinity of the Wilshire Boulevard/Veteran Avenue intersection and found it to be LOS E at peak morning traffic and LOS F at peak afternoon traffic (LOS E and F are the two least efficient traffic LOS ratings). Even with the inefficient LOS and volume of traffic, the CO analysis concluded that there was no violation of CO standards (SCAQMD 1992). According to the Traffic Impact Assessment prepared for the Project (JLB Traffic Engineering, Inc. 2020), the Project is anticipated to generate approximately 296 daily trips on average. Because the proposed Project would not generate traffic volumes at any intersection of more than 100,000 vehicles per day, there is no likelihood of the Project traffic exceeding CO values. Would the Project Result in Other Emissions (Such as Those Leading to Odors) Adversely Affecting a Substantial Number of People? Typically, odors are regarded as an annoyance rather than a health hazard. However, manifestations of a person’s reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). With respect to odors, the human nose is the sole sensing device. The ability to detect odors varies considerably among the population and overall is quite subjective. Some individuals have the ability to smell minute quantities of specific substances; others may not have the same sensitivity but may have sensitivities to odors of other substances. In addition, people may have different reactions to the same odor; in fact, an odor that is offensive to one person (e.g., from a fast-food restaurant) may be perfectly acceptable to another. It is also important to note that an unfamiliar odor is more easily detected and is more likely to cause complaints than a familiar one. This is because of the phenomenon known as odor fatigue, in which a person can become desensitized to almost any odor and recognition only occurs with an alteration in the intensity. Quality and intensity are two properties present in any odor. The quality of an odor indicates the nature of the smell experience. For instance, if a person describes an odor as flowery or sweet, the person is ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 14 May 2020 2020-063 describing the quality of the odor. Intensity refers to the strength of the odor. For example, a person may use the word “strong” to describe the intensity of an odor. Odor intensity depends on the odorant concentration in the air. When an odorous sample is progressively diluted, the odorant concentration decreases. As this occurs, the odor intensity weakens and eventually becomes so low that the detection or recognition of the odor is quite difficult. At some point during dilution, the concentration of the odorant reaches a detection threshold. An odorant concentration below the detection threshold means that the concentration in the air is not detectable by the average human. Project Construction During construction, the proposed Project presents the potential for generation of objectionable odors in the form of diesel exhaust in the immediate vicinity of the site. However, these emissions are short term in nature and will rapidly dissipate and be diluted by the atmosphere downwind of the emission sources. Additionally, odors would be localized and generally confined to the construction area. Project Operations Land uses commonly considered to be potential sources of obnoxious odorous emissions include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The proposed Project does not include any uses identified as being associated with odors. GREENHOUSE GAS EMISSIONS IMPACT ANALYSIS Greenhouse gas (GHG) emissions are released as byproducts of fossil fuel combustion, waste disposal, energy use, land use changes, and other human activities. This release of gases, such as carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and chlorofluorocarbons, creates a blanket around the earth that allows light to pass through but traps heat at the surface, preventing its escape into space. While this is a naturally occurring process known as the greenhouse effect, human activities have accelerated the generation of GHGs beyond natural levels. The overabundance of GHGs in the atmosphere has led to an unexpected warming of the earth and has the potential to severely impact the earth’s climate system. Each GHG differs in its ability to absorb heat in the atmosphere based on the lifetime, or persistence, of the gas molecule in the atmosphere. CH4 traps over 25 times more heat per molecule than CO2, and N2O absorbs 298 times more heat per molecule than CO2. Often, estimates of GHG emissions are presented in carbon dioxide equivalents (CO2e). Expressing GHG emissions in carbon dioxide equivalents takes the contribution of all GHG emissions to the greenhouse effect and converts them to a single unit equivalent to the effect that would occur if only CO2 were being emitted. The local air quality agency regulating the SJVAB is the SJVAPCD, the regional air pollution control officer for the basin. To provide guidance to local lead agencies on determining significance for GHG emissions in CEQA documents, the SJVAPCD provides a tiered approach in assessing significance of project specific GHG emission increases as shown below.  Projects complying with an approved GHG emission reduction plan or GHG mitigation program which avoids or substantially reduces GHG emissions within the geographic area in which the ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 15 May 2020 2020-063 project is located would be determined to have a less-than-significant individual and cumulative impact for GHG emissions. Such plans or programs must be specified in law or approved by the lead agency with jurisdiction over the affected resource and supported by a CEQA-compliant environmental review document adopted by the lead agency. Projects complying with an approved GHG emission reduction plan or GHG mitigation program would not be required to implement Best Performance Standards (BPS).  Projects implementing BPS would not require quantification of project-specific GHG emissions. Consistent with CEQA Guidelines, such projects would be determined to have a less-than- significant individual and cumulative impact for GHG emissions.  Projects not implementing BPS would require quantification of project-specific GHG emissions and demonstration that project-specific GHG emissions would be reduced or mitigated by at least 29 percent, and compared to Business-as-Usual (BAU), including GHG emission reductions achieved since the 2002-2004 baseline period, consistent with GHG emission reduction targets established in the 2017 Scoping Plan. Projects achieving at least a 29 percent GHG emission reduction compared to BAU would be determined to have a less-than-significant individual and cumulative impact for GHGs. In terms of approved GHG emission reduction plans, the Fresno Greenhouse Gas Reduction Plan (GHG Plan) was required as a policy in the Fresno General Plan and adopted as an appendix to the General Plan Master EIR in 2014. The GHG Plan includes GHG emission reduction targets, strategies, and implementation measures developed to help the City reach these targets. Reduction strategies address GHG emissions associated with land use and transportation, transportation facilities strategies, transportation demand strategies, energy conservation strategies for new and existing buildings, waste diversion and recycling and energy recovery, strategies for existing development, and municipal strategies. The GHG Plan focuses on emissions generated by activities under the control or influence of the City. Additionally, the Project site is in Fresno County where the Fresno Council of Governments (Fresno COG) serves as the Metropolitan Planning Organization (MPO). As the MPO, Fresno COG is required to produce certain documents that maintain the region's eligibility for federal transportation assistance. Fresno COG adopted its Sustainable Communities Strategy in 2014 and adopted its Regional Transportation Plan and updated Sustainable Communities Strategy in 2018. The Fresno COG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) charts a course for closely integrating land use and transportation – so that the region can grow smartly and sustainably. The RTP/SCS is a long-range visioning plan that balances future mobility and housing needs with economic, environmental and public health goals. The Fresno COG region strives toward sustainability through integrated land use and transportation planning. The Fresno COG region, which encompasses the Project site, must achieve specific federal air quality standards and is required by state law to lower regional GHG emissions. Fresno COG has been tasked by CARB to achieve a 6 percent and a 13 percent per capita reduction by 2020 and 2035, respectively (CARB 2018b). ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 16 May 2020 2020-063 The BPS and the BAU portion of the SJVAPCD tiered approach are problematic based on the 2015 California Supreme Court Newhall Ranch decision, which stated that an GHG-related impact determination based on the BAU approach is “not supported by a reasoned explanation based on substantial evidence.” For the purposes of this analysis, Project GHG emissions are quantified and compared to the thresholds issued by the California Air Pollution Control Officers Association (CAPCOA), which is an association of the air pollution control officers from all 35 local air quality agencies throughout California, including the SJVAPCD. CAPCOA recommends a significance threshold of 900 metric tons annually. This threshold is based on a capture rate of 90 percent of land use development projects, which in turn translates into a 90 percent capture rate of all GHG emissions. The 900 metric ton threshold, the lowest promulgated in any region in the state, is considered by CAPCOA to be low enough to capture a substantial fraction of future projects that will be constructed to accommodate future statewide population and economic growth, while setting the emission threshold high enough to exclude small projects that will in aggregate contribute a relatively small fraction of the cumulative statewide GHG emissions. Additionally, the Project is the Project is compared to the City GHG Plan, which includes GHG emission reduction targets, strategies, and implementation measures developed to help the City reach its GH reduction targets. The Project is also compared to the Fresno COG RTP/SCS, which establishes an overall GHG target for the Project region consistent with statewide GHG reduction goals. Methodology GHG emissions-related impacts were assessed in accordance with methodologies recommended by CARB. Where quantification is required, emissions are modeled using CalEEMod. CalEEMod is a statewide land use emissions computer model designed to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. Project construction-generated emissions were primarily calculated using CalEEMod model defaults for Fresno County, though the span of construction has been adjusted to reflect the timing anticipated by FPU. Operational GHG emissions were calculated based on the Project site plans and the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020). Impact Discussion Would the Project Generate Greenhouse Gas Emissions, Either Directly or Indirectly, That May Have a Significant Impact on the Environment? Construction-Generated Greenhouse Gas Emissions A potent source of GHG emissions associated with the proposed Project would be combustion of fossil fuels during construction activities. The construction phase of the proposed Project is temporary but would result in GHG emissions from the use of heavy construction equipment and construction-related vehicle trips. Construction-related activities that would generate GHGs include worker commute trips, haul trucks carrying supplies and materials to and from the Project site, and off-road construction equipment (e.g., ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 17 May 2020 2020-063 dozers, loaders, excavators). Table 4 illustrates the specific construction-generated GHG emissions that would result from construction of the Project. Table 4. Construction-Related Greenhouse Gas Emissions Emission Source CO2e (Metric Tons/ Year) 2020 Construction 227 2022 Construction 640 2023 Construction 367 CAPCOA’s Potentially Significant Impact Threshold 900 Exceed Significance Threshold? No Source: CalEEMod version 2016.3.2. Refer to Attachment A for Model Data Outputs. As shown in Table 4, Project construction would not result in the exceedance of 900 metric tons of CO2e during any year of construction. Once construction is complete, the generation of these GHG emissions would cease. Operational-Generated Greenhouse Gas Emissions Operation of the Project would result in GHG emissions predominantly associated with the use of motor vehicles traveling to and from the site. Long-term operational GHG emissions attributable to the Project are identified in Table 5. Table 5. Operational-Related GHG Emissions Emissions Source CO2e (Metric Tons/ Year) Area Source Emissions 0 Energy Source Emissions 99 Mobile Source Emissions 373 Solid Waste Emissions 0 Water Emissions 35 Total Emissions 507 CAPCOA’s Potentially Significant Impact Threshold 900 Exceed Significance Threshold? No Source: CalEEMod version 2016.3.2. Refer to Attachment A for Model Data Outputs. As shown in Table 5, Project operations would result in the generation of approximately 507 metric tons of CO2e annually and would not exceed CAPCOA’s significance threshold of 900 metric tons annually. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 18 May 2020 2020-063 Would the Project Conflict with an Applicable Plan, Policy, or Regulation Adopted for the Purpose of Reducing the Emissions of Greenhouse Gases? City of Fresno GHG Plan The City GHG Plan (2014) is a strategic planning document that identifies sources of GHG emissions within the city’s boundaries, presents current and future emissions estimates, identifies a GHG reduction target for future years, and presents strategic programs, policies, and projects to reduce emissions from the energy, transportation, land use, water use, and waste sectors. The emissions reduction program developed by the City follows the following criteria in order to use CEQA tiering and streamlining provisions. A. Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; B. Establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable; C. Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area; D. Specify measures or group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; E. Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; F. Be adopted in a public process following environmental review. According to the City of Fresno, its GHG Plan is structured to meet the streamlining criteria listed above. Compliance with the applicable GHG Plan strategies would result in less-then-significant impacts related to GHG emissions. The reduction measures contained in the GHG Plan build on inventory results and key opportunities prioritized by City staff. The CAP strategies consist of measures and actions that identify the steps the City will take to support reductions in GHG emissions. The City will achieve these reductions in GHG emissions through a mix of voluntary programs and new strategic standards. All standards presented in the GHG Plan respond to the needs of development, avoiding unnecessary regulation, streamlining new development, and achieving more efficient use of resources. The Project is consistent with the GHG inventory and forecast in the GHG Plan. Both the existing and the projected GHG inventories in the GHG Plan were derived based on the land use designations and associated densities defined in the City’s General Plan. The proposed Project is located on the FPU campus and intended to serve existing FPU students. The Project is not proposing to amend the City General Plan and is thereby consistent with all land use designations applied to the site. As such, the Project is consistent with the GHG inventory and forecast in the GHG Plan. Additionally, the Project would be required to adhere to all applicable City General Plan and GHG Plan policy provisions intended to ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 19 May 2020 2020-063 reduce community GHG emissions. All development in the City, including the Project, is required to adhere to all City-adopted policy provisions, including those contained in the GHG Plan. The City ensures all provisions of the City General Plan and GHG Plan are incorporated into projects and their permits through development review and applications of conditions of approval as applicable. Fresno COG RTP/SCS The Fresno COG region, which encompasses the Project site, must achieve specific federal air quality standards and is required by state law to lower regional GHG emissions. Specifically, the region has been tasked by CARB to achieve a 6 percent and a 13 percent per capita reduction by 2020 and 2035, respectively (CARB 2018b). The Fresno COG RTP/SCS charts a course for closely integrating land use and transportation so that the region can grow smartly and sustainably. The RTP/SCS identifies existing and future transportation related needs, while considering all modes of travel, analyzing alternative solutions, and identifies what can be completed with anticipated available funding for the over 3,000 projects. The goals objectives and policies are organized into six broad transportation mode categories and are as followed; general transportation, highway, streets and railroads, mass transportation, aviation, active transportation, and rail. The RTP/SCS further identifies that land use strategies which focus new housing and job growth in areas served by high quality transit and other opportunity areas would be consistent with a land use development pattern that supports and complements the proposed transportation network, which emphasizes system preservation, active transportation, and transportation demand management measures. The RTP/SCS incorporates local land use projections and circulation networks from the region’s municipal general plans, including the City of Fresno General Plan. The projected regional development pattern in the RTP/SCS, including location of land uses and residential densities in local general plans, when integrated with the proposed regional transportation network identified in the RTP/SCS, would reduce per capita vehicular travel–related GHG emissions and achieve the GHG reduction per capita targets for the Fresno COG region. The proposed Project is located on the FPU campus and intended to serve existing FPU students. The Project is not proposing to amend the City General Plan and is thereby consistent with all land use designations applied to the site. Thus, the proposed Project is consistent with the types, intensity, and patterns of land use envisioned for the site vicinity in the General Plan. As a result, the Project would not conflict with the land use assumptions or exceed the population or job growth projections used by Fresno COG to develop the RTP/SCS. The Fresno COG regional population, housing, and employment forecasts are based on the local plans and policies; and Fresno COG has incorporated these same projections into the RTP/SCS. Therefore, the proposed Project would be considered consistent with the population, housing, and employment growth projections utilized in the preparation of the RTP/SCS. Furthermore, FPU would utilize its existing staff and students to facilitate events at the Culture and Arts Center thus reducing the number of trips needed for new employees. Additionally, the Project site is located within 0.5 miles of 10 bus stops for the Fresno Area Express, promoting the use of bus transit within the City. The Project would not conflict with Fresno COG’s regional forecasts for the location of the proposed land uses. While the Project would emit GHG emissions, implementing Fresno COG’s RTP/SCS would greatly reduce the regional GHG emissions from transportation, helping to achieve 2020 and 2035 emission reduction targets. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 20 May 2020 2020-063 The Project is consistent with the applicable plans and policies adopted for the purpose of reducing GHG emissions. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 21 May 2020 2020-063 REFERENCES CAPCOA. 2008. CEQA and Climate Change. ———. 2017. California Emissions Estimator Model (CalEEMod), version 2016.3.2. CARB. 2018a. State and Federal Area Designation Maps. http://www.arb.ca.gov/desig/adm/adm.htm. ———. 2018b. SB 375 Regional Greenhouse Gas Emissions Reduction Targets. https://ww3.arb.ca.gov/cc/sb375/finaltargets2018.pdf DOC. 2000. A General Location Guide for Ultramafic Rocks in California-Areas More Likely to Contain Naturally Occurring Asbestos. Fresno, City of. 2014. Fresno General Plan Update Greenhouse Gas Reduction Plan. Fresno COG. 2018. Regional Transportation Plan Sustainable Communities Strategy. JLB Traffic Engineering Inc. 2020. Fresno Pacific University Culture and Arts Center. SCAQMD (South Coast Air Quality Management District). 1992. 1992 Federal Attainment Plan for Carbon Monoxide. SJVAPCD. 2002. Guide for Assessing and Mitigation Air Quality Impacts Technical Document. ———. 2005. Rule 9510 Indirect Source Review (ISR). Adopted December 15, 2005. ———. 2007a. 2007 Ozone Plan. ———. 2007b. 2007 PM10 Attainment Demonstration Plan. ———. 2009. Reasonable Available Control Technology Demonstration for Ozone State Implementation Plan. ———. 2013. 2013 Plan for the Revoked 1-Hour Ozone Standard. ———. 2015. Guidance for Assessing and Mitigating Air Quality Impacts. ———. 2016a. 2016 Ozone Plan for the 2008 8-Hour Ozone Standard. ———. 2016b. 2016 Moderate Area Plan for the 2012 PM2.5 Standard THIS PAGE INTENTIONALLY LEFT BLANK. ATTACHMENT A Emissions Modeling Output THIS PAGE INTENTIONALLY LEFT BLANK. Project Characteristics - Land Use - Lot acerage updated to match the Project Construction Phase - Dates updated to match the development scheduel. Construcion, paving and coating assumed to occur at the same time. Demolition - Building area to be demolished estimated from google earth Construction Off-road Equipment Mitigation - Tier 4 Final for Project Mitigation. Mobile Land Use Mitigation - Area Mitigation - Water Mitigation - Vehicle Trips - Treips updated to match the traffic impact analysis 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Arena 26.76 1000sqft 5.50 26,758.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.7 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas & Electric Company 2022Operational Year CO2 Intensity (lb/MWhr) 641.35 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Fresno Pacific University Culture and Arts Center San Joaquin Valley Air Basin, Annual CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 1 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual Table Name Column Name Default Value New Value tblConstDustMitigation WaterUnpavedRoadVehicleSpeed 0 15 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 4.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 3.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 2.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 6.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 10.00 tblConstEquipMitigation NumberOfEquipmentMitigated 0.00 1.00 tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final tblConstEquipMitigation Tier No Change Tier 4 Final CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 2 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 2.0 Emissions Summary tblConstEquipMitigation Tier No Change Tier 4 Final tblConstructionPhase NumDays 20.00 427.00 tblConstructionPhase NumDays 230.00 427.00 tblConstructionPhase NumDays 20.00 44.00 tblConstructionPhase NumDays 20.00 427.00 tblConstructionPhase NumDays 10.00 30.00 tblLandUse LandUseSquareFeet 26,760.00 26,758.00 tblLandUse LotAcreage 8.60 5.50 tblVehicleTrips ST_TR 10.71 11.50 tblVehicleTrips SU_TR 10.71 11.50 tblVehicleTrips WD_TR 10.71 11.50 CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 3 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2020 0.2025 2.0291 1.2739 2.5500e- 003 0.4401 0.0985 0.5386 0.2001 0.0912 0.2913 0.0000 226.1092 226.1092 0.0576 0.0000 227.5493 2021 0.5701 4.2270 4.4197 7.3000e- 003 0.0327 0.2262 0.2589 8.7600e- 003 0.2116 0.2204 0.0000 636.1984 636.1984 0.1615 0.0000 640.2349 2022 0.2998 2.1473 2.5130 4.1900e- 003 0.0188 0.1096 0.1284 5.0400e- 003 0.1026 0.1076 0.0000 365.1332 365.1332 0.0924 0.0000 367.4431 Maximum 0.5701 4.2270 4.4197 7.3000e- 003 0.4401 0.2262 0.5386 0.2001 0.2116 0.2913 0.0000 636.1984 636.1984 0.1615 0.0000 640.2349 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2020 0.0403 0.2378 1.3409 2.5500e- 003 0.1807 3.8900e- 003 0.1846 0.0805 3.8700e- 003 0.0844 0.0000 226.1090 226.1090 0.0576 0.0000 227.5490 2021 0.2129 0.5339 4.8819 7.3000e- 003 0.0327 0.0111 0.0438 8.7600e- 003 0.0111 0.0198 0.0000 636.1977 636.1977 0.1615 0.0000 640.2342 2022 0.1217 0.3045 2.8003 4.1900e- 003 0.0188 6.3500e- 003 0.0251 5.0400e- 003 6.3400e- 003 0.0114 0.0000 365.1328 365.1328 0.0924 0.0000 367.4427 Maximum 0.2129 0.5339 4.8819 7.3000e- 003 0.1807 0.0111 0.1846 0.0805 0.0111 0.0844 0.0000 636.1977 636.1977 0.1615 0.0000 640.2342 Mitigated Construction CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 4 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 65.04 87.19 -9.95 0.00 52.77 95.09 72.62 55.92 94.75 81.34 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 5-4-2020 8-3-2020 0.5070 0.0936 2 8-4-2020 11-3-2020 0.9838 0.1089 3 11-4-2020 2-3-2021 1.1852 0.1433 4 2-4-2021 5-3-2021 1.1687 0.1822 5 5-4-2021 8-3-2021 1.2079 0.1881 6 8-4-2021 11-3-2021 1.2080 0.1883 7 11-4-2021 2-3-2022 1.1581 0.1880 8 2-4-2022 5-3-2022 1.0374 0.1809 9 5-4-2022 8-3-2022 1.0267 0.1789 Highest 1.2080 0.1883 CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 5 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1231 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Energy 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 98.4572 98.4572 3.6800e- 003 1.1900e- 003 98.9033 Mobile 0.0927 1.0039 0.8260 4.0000e- 003 0.2279 3.3500e- 003 0.2312 0.0613 3.1600e- 003 0.0644 0.0000 371.8339 371.8339 0.0301 0.0000 372.5863 Waste 0.0000 0.0000 0.0000 0.0000 0.1502 0.0000 0.1502 8.8800e- 003 0.0000 0.3722 Water 0.0000 0.0000 0.0000 0.0000 3.6571 18.8947 22.5518 0.3765 9.0500e- 003 34.6594 Total 0.2189 1.0312 0.8492 4.1600e- 003 0.2279 5.4300e- 003 0.2333 0.0613 5.2400e- 003 0.0665 3.8073 489.1863 492.9936 0.4191 0.0102 506.5217 Unmitigated Operational CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 6 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.1231 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Energy 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 98.4572 98.4572 3.6800e- 003 1.1900e- 003 98.9033 Mobile 0.0927 1.0039 0.8260 4.0000e- 003 0.2279 3.3500e- 003 0.2312 0.0613 3.1600e- 003 0.0644 0.0000 371.8339 371.8339 0.0301 0.0000 372.5863 Waste 0.0000 0.0000 0.0000 0.0000 0.1502 0.0000 0.1502 8.8800e- 003 0.0000 0.3722 Water 0.0000 0.0000 0.0000 0.0000 3.2051 16.6519 19.8570 0.3300 7.9300e- 003 30.4685 Total 0.2189 1.0312 0.8492 4.1600e- 003 0.2279 5.4300e- 003 0.2333 0.0613 5.2400e- 003 0.0665 3.3553 486.9435 490.2988 0.3726 9.1200e- 003 502.3308 Mitigated Operational 3.0 Construction Detail Construction Phase ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.87 0.46 0.55 11.10 10.94 0.83 CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 7 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 7/1/2020 8/31/2020 5 44 2 Site Preparation Site Preparation 10/1/2020 11/11/2020 5 30 3 Grading Grading 11/12/2020 12/9/2020 5 20 4 Building Construction Building Construction 12/10/2020 7/31/2022 5 427 5 Paving Paving 12/10/2020 7/29/2022 5 427 6 Architectural Coating Architectural Coating 12/10/2020 7/29/2022 5 427 OffRoad Equipment Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 40,137; Non-Residential Outdoor: 13,379; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 10 Acres of Paving: 0 CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 8 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Demolition Concrete/Industrial Saws 1 8.00 81 0.73 Demolition Excavators 3 8.00 158 0.38 Demolition Rubber Tired Dozers 2 8.00 247 0.40 Site Preparation Rubber Tired Dozers 3 8.00 247 0.40 Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Grading Excavators 1 8.00 158 0.38 Grading Graders 1 8.00 187 0.41 Grading Rubber Tired Dozers 1 8.00 247 0.40 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37 Building Construction Cranes 1 7.00 231 0.29 Building Construction Forklifts 3 8.00 89 0.20 Building Construction Generator Sets 1 8.00 84 0.74 Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Building Construction Welders 1 8.00 46 0.45 Paving Pavers 2 8.00 130 0.42 Paving Paving Equipment 2 8.00 132 0.36 Paving Rollers 2 8.00 80 0.38 Architectural Coating Air Compressors 1 6.00 78 0.48 Trips and VMT CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 9 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.2 Demolition - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0887 0.0000 0.0887 0.0134 0.0000 0.0134 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0729 0.7304 0.4786 8.5000e- 004 0.0365 0.0365 0.0339 0.0339 0.0000 74.7969 74.7969 0.0211 0.0000 75.3248 Total 0.0729 0.7304 0.4786 8.5000e- 004 0.0887 0.0365 0.1252 0.0134 0.0339 0.0474 0.0000 74.7969 74.7969 0.0211 0.0000 75.3248 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Use Cleaner Engines for Construction Equipment Water Exposed Area Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 6 15.00 0.00 807.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 11.00 4.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 2.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 10 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.2 Demolition - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 3.2200e- 003 0.1124 0.0163 3.2000e- 004 6.9000e- 003 3.9000e- 004 7.2900e- 003 1.9000e- 003 3.7000e- 004 2.2700e- 003 0.0000 30.6568 30.6568 1.7100e- 003 0.0000 30.6996 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.3900e- 003 9.5000e- 004 9.6200e- 003 3.0000e- 005 2.6400e- 003 2.0000e- 005 2.6600e- 003 7.0000e- 004 2.0000e- 005 7.2000e- 004 0.0000 2.3692 2.3692 7.0000e- 005 0.0000 2.3709 Total 4.6100e- 003 0.1134 0.0259 3.5000e- 004 9.5400e- 003 4.1000e- 004 9.9500e- 003 2.6000e- 003 3.9000e- 004 2.9900e- 003 0.0000 33.0260 33.0260 1.7800e- 003 0.0000 33.0705 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0346 0.0000 0.0346 5.2400e- 003 0.0000 5.2400e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0102 0.0441 0.5122 8.5000e- 004 1.3600e- 003 1.3600e- 003 1.3600e- 003 1.3600e- 003 0.0000 74.7969 74.7969 0.0211 0.0000 75.3247 Total 0.0102 0.0441 0.5122 8.5000e- 004 0.0346 1.3600e- 003 0.0359 5.2400e- 003 1.3600e- 003 6.6000e- 003 0.0000 74.7969 74.7969 0.0211 0.0000 75.3247 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 11 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.2 Demolition - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 3.2200e- 003 0.1124 0.0163 3.2000e- 004 6.9000e- 003 3.9000e- 004 7.2900e- 003 1.9000e- 003 3.7000e- 004 2.2700e- 003 0.0000 30.6568 30.6568 1.7100e- 003 0.0000 30.6996 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.3900e- 003 9.5000e- 004 9.6200e- 003 3.0000e- 005 2.6400e- 003 2.0000e- 005 2.6600e- 003 7.0000e- 004 2.0000e- 005 7.2000e- 004 0.0000 2.3692 2.3692 7.0000e- 005 0.0000 2.3709 Total 4.6100e- 003 0.1134 0.0259 3.5000e- 004 9.5400e- 003 4.1000e- 004 9.9500e- 003 2.6000e- 003 3.9000e- 004 2.9900e- 003 0.0000 33.0260 33.0260 1.7800e- 003 0.0000 33.0705 Mitigated Construction Off-Site 3.3 Site Preparation - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.2710 0.0000 0.2710 0.1490 0.0000 0.1490 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0612 0.6363 0.3227 5.7000e- 004 0.0330 0.0330 0.0303 0.0303 0.0000 50.1460 50.1460 0.0162 0.0000 50.5515 Total 0.0612 0.6363 0.3227 5.7000e- 004 0.2710 0.0330 0.3040 0.1490 0.0303 0.1793 0.0000 50.1460 50.1460 0.0162 0.0000 50.5515 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 12 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.3 Site Preparation - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.1400e- 003 7.7000e- 004 7.8700e- 003 2.0000e- 005 2.1600e- 003 2.0000e- 005 2.1700e- 003 5.7000e- 004 1.0000e- 005 5.9000e- 004 0.0000 1.9384 1.9384 6.0000e- 005 0.0000 1.9398 Total 1.1400e- 003 7.7000e- 004 7.8700e- 003 2.0000e- 005 2.1600e- 003 2.0000e- 005 2.1700e- 003 5.7000e- 004 1.0000e- 005 5.9000e- 004 0.0000 1.9384 1.9384 6.0000e- 005 0.0000 1.9398 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.1057 0.0000 0.1057 0.0581 0.0000 0.0581 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.9800e- 003 0.0303 0.3130 5.7000e- 004 9.3000e- 004 9.3000e- 004 9.3000e- 004 9.3000e- 004 0.0000 50.1460 50.1460 0.0162 0.0000 50.5514 Total 6.9800e- 003 0.0303 0.3130 5.7000e- 004 0.1057 9.3000e- 004 0.1066 0.0581 9.3000e- 004 0.0590 0.0000 50.1460 50.1460 0.0162 0.0000 50.5514 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 13 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.3 Site Preparation - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.1400e- 003 7.7000e- 004 7.8700e- 003 2.0000e- 005 2.1600e- 003 2.0000e- 005 2.1700e- 003 5.7000e- 004 1.0000e- 005 5.9000e- 004 0.0000 1.9384 1.9384 6.0000e- 005 0.0000 1.9398 Total 1.1400e- 003 7.7000e- 004 7.8700e- 003 2.0000e- 005 2.1600e- 003 2.0000e- 005 2.1700e- 003 5.7000e- 004 1.0000e- 005 5.9000e- 004 0.0000 1.9384 1.9384 6.0000e- 005 0.0000 1.9398 Mitigated Construction Off-Site 3.4 Grading - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0655 0.0000 0.0655 0.0337 0.0000 0.0337 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0243 0.2639 0.1605 3.0000e- 004 0.0127 0.0127 0.0117 0.0117 0.0000 26.0588 26.0588 8.4300e- 003 0.0000 26.2694 Total 0.0243 0.2639 0.1605 3.0000e- 004 0.0655 0.0127 0.0783 0.0337 0.0117 0.0454 0.0000 26.0588 26.0588 8.4300e- 003 0.0000 26.2694 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 14 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.4 Grading - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.3000e- 004 4.3000e- 004 4.3700e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0769 1.0769 3.0000e- 005 0.0000 1.0777 Total 6.3000e- 004 4.3000e- 004 4.3700e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0769 1.0769 3.0000e- 005 0.0000 1.0777 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0256 0.0000 0.0256 0.0131 0.0000 0.0131 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.6300e- 003 0.0157 0.1775 3.0000e- 004 4.8000e- 004 4.8000e- 004 4.8000e- 004 4.8000e- 004 0.0000 26.0587 26.0587 8.4300e- 003 0.0000 26.2694 Total 3.6300e- 003 0.0157 0.1775 3.0000e- 004 0.0256 4.8000e- 004 0.0260 0.0131 4.8000e- 004 0.0136 0.0000 26.0587 26.0587 8.4300e- 003 0.0000 26.2694 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 15 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.4 Grading - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.3000e- 004 4.3000e- 004 4.3700e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0769 1.0769 3.0000e- 005 0.0000 1.0777 Total 6.3000e- 004 4.3000e- 004 4.3700e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0769 1.0769 3.0000e- 005 0.0000 1.0777 Mitigated Construction Off-Site 3.5 Building Construction - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0170 0.1535 0.1348 2.2000e- 004 8.9400e- 003 8.9400e- 003 8.4000e- 003 8.4000e- 003 0.0000 18.5288 18.5288 4.5200e- 003 0.0000 18.6418 Total 0.0170 0.1535 0.1348 2.2000e- 004 8.9400e- 003 8.9400e- 003 8.4000e- 003 8.4000e- 003 0.0000 18.5288 18.5288 4.5200e- 003 0.0000 18.6418 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 16 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.5 Building Construction - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.3000e- 004 3.9000e- 003 7.4000e- 004 1.0000e- 005 2.1000e- 004 2.0000e- 005 2.3000e- 004 6.0000e- 005 2.0000e- 005 8.0000e- 005 0.0000 0.8641 0.8641 7.0000e- 005 0.0000 0.8658 Worker 3.7000e- 004 2.5000e- 004 2.5700e- 003 1.0000e- 005 7.0000e- 004 1.0000e- 005 7.1000e- 004 1.9000e- 004 0.0000 1.9000e- 004 0.0000 0.6318 0.6318 2.0000e- 005 0.0000 0.6322 Total 5.0000e- 004 4.1500e- 003 3.3100e- 003 2.0000e- 005 9.1000e- 004 3.0000e- 005 9.4000e- 004 2.5000e- 004 2.0000e- 005 2.7000e- 004 0.0000 1.4958 1.4958 9.0000e- 005 0.0000 1.4980 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.6200e- 003 0.0179 0.1397 2.2000e- 004 3.3000e- 004 3.3000e- 004 3.3000e- 004 3.3000e- 004 0.0000 18.5288 18.5288 4.5200e- 003 0.0000 18.6418 Total 2.6200e- 003 0.0179 0.1397 2.2000e- 004 3.3000e- 004 3.3000e- 004 3.3000e- 004 3.3000e- 004 0.0000 18.5288 18.5288 4.5200e- 003 0.0000 18.6418 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 17 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.5 Building Construction - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.3000e- 004 3.9000e- 003 7.4000e- 004 1.0000e- 005 2.1000e- 004 2.0000e- 005 2.3000e- 004 6.0000e- 005 2.0000e- 005 8.0000e- 005 0.0000 0.8641 0.8641 7.0000e- 005 0.0000 0.8658 Worker 3.7000e- 004 2.5000e- 004 2.5700e- 003 1.0000e- 005 7.0000e- 004 1.0000e- 005 7.1000e- 004 1.9000e- 004 0.0000 1.9000e- 004 0.0000 0.6318 0.6318 2.0000e- 005 0.0000 0.6322 Total 5.0000e- 004 4.1500e- 003 3.3100e- 003 2.0000e- 005 9.1000e- 004 3.0000e- 005 9.4000e- 004 2.5000e- 004 2.0000e- 005 2.7000e- 004 0.0000 1.4958 1.4958 9.0000e- 005 0.0000 1.4980 Mitigated Construction Off-Site 3.5 Building Construction - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.2481 2.2749 2.1631 3.5100e- 003 0.1251 0.1251 0.1176 0.1176 0.0000 302.2867 302.2867 0.0729 0.0000 304.1099 Total 0.2481 2.2749 2.1631 3.5100e- 003 0.1251 0.1251 0.1176 0.1176 0.0000 302.2867 302.2867 0.0729 0.0000 304.1099 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 18 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.5 Building Construction - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.6800e- 003 0.0576 0.0105 1.5000e- 004 3.4600e- 003 1.6000e- 004 3.6200e- 003 1.0000e- 003 1.5000e- 004 1.1500e- 003 0.0000 13.9641 13.9641 1.0700e- 003 0.0000 13.9907 Worker 5.5900e- 003 3.6600e- 003 0.0380 1.1000e- 004 0.0115 8.0000e- 005 0.0116 3.0500e- 003 7.0000e- 005 3.1200e- 003 0.0000 9.9476 9.9476 2.6000e- 004 0.0000 9.9542 Total 7.2700e- 003 0.0612 0.0485 2.6000e- 004 0.0149 2.4000e- 004 0.0152 4.0500e- 003 2.2000e- 004 4.2700e- 003 0.0000 23.9117 23.9117 1.3300e- 003 0.0000 23.9450 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0428 0.2916 2.2786 3.5100e- 003 5.3200e- 003 5.3200e- 003 5.3200e- 003 5.3200e- 003 0.0000 302.2863 302.2863 0.0729 0.0000 304.1095 Total 0.0428 0.2916 2.2786 3.5100e- 003 5.3200e- 003 5.3200e- 003 5.3200e- 003 5.3200e- 003 0.0000 302.2863 302.2863 0.0729 0.0000 304.1095 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 19 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.5 Building Construction - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.6800e- 003 0.0576 0.0105 1.5000e- 004 3.4600e- 003 1.6000e- 004 3.6200e- 003 1.0000e- 003 1.5000e- 004 1.1500e- 003 0.0000 13.9641 13.9641 1.0700e- 003 0.0000 13.9907 Worker 5.5900e- 003 3.6600e- 003 0.0380 1.1000e- 004 0.0115 8.0000e- 005 0.0116 3.0500e- 003 7.0000e- 005 3.1200e- 003 0.0000 9.9476 9.9476 2.6000e- 004 0.0000 9.9542 Total 7.2700e- 003 0.0612 0.0485 2.6000e- 004 0.0149 2.4000e- 004 0.0152 4.0500e- 003 2.2000e- 004 4.2700e- 003 0.0000 23.9117 23.9117 1.3300e- 003 0.0000 23.9450 Mitigated Construction Off-Site 3.5 Building Construction - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1280 1.1712 1.2273 2.0200e- 003 0.0607 0.0607 0.0571 0.0571 0.0000 173.7939 173.7939 0.0416 0.0000 174.8348 Total 0.1280 1.1712 1.2273 2.0200e- 003 0.0607 0.0607 0.0571 0.0571 0.0000 173.7939 173.7939 0.0416 0.0000 174.8348 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 20 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.5 Building Construction - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.0000e- 004 0.0313 5.5700e- 003 8.0000e- 005 1.9900e- 003 8.0000e- 005 2.0700e- 003 5.7000e- 004 8.0000e- 005 6.5000e- 004 0.0000 7.9508 7.9508 5.9000e- 004 0.0000 7.9656 Worker 2.9800e- 003 1.8800e- 003 0.0199 6.0000e- 005 6.6000e- 003 4.0000e- 005 6.6400e- 003 1.7500e- 003 4.0000e- 005 1.7900e- 003 0.0000 5.5127 5.5127 1.3000e- 004 0.0000 5.5161 Total 3.8800e- 003 0.0332 0.0255 1.4000e- 004 8.5900e- 003 1.2000e- 004 8.7100e- 003 2.3200e- 003 1.2000e- 004 2.4400e- 003 0.0000 13.4635 13.4635 7.2000e- 004 0.0000 13.4817 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0246 0.1676 1.3095 2.0200e- 003 3.0600e- 003 3.0600e- 003 3.0600e- 003 3.0600e- 003 0.0000 173.7937 173.7937 0.0416 0.0000 174.8346 Total 0.0246 0.1676 1.3095 2.0200e- 003 3.0600e- 003 3.0600e- 003 3.0600e- 003 3.0600e- 003 0.0000 173.7937 173.7937 0.0416 0.0000 174.8346 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 21 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.5 Building Construction - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 9.0000e- 004 0.0313 5.5700e- 003 8.0000e- 005 1.9900e- 003 8.0000e- 005 2.0700e- 003 5.7000e- 004 8.0000e- 005 6.5000e- 004 0.0000 7.9508 7.9508 5.9000e- 004 0.0000 7.9656 Worker 2.9800e- 003 1.8800e- 003 0.0199 6.0000e- 005 6.6000e- 003 4.0000e- 005 6.6400e- 003 1.7500e- 003 4.0000e- 005 1.7900e- 003 0.0000 5.5127 5.5127 1.3000e- 004 0.0000 5.5161 Total 3.8800e- 003 0.0332 0.0255 1.4000e- 004 8.5900e- 003 1.2000e- 004 8.7100e- 003 2.3200e- 003 1.2000e- 004 2.4400e- 003 0.0000 13.4635 13.4635 7.2000e- 004 0.0000 13.4817 Mitigated Construction Off-Site 3.6 Paving - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0109 0.1125 0.1172 1.8000e- 004 6.0200e- 003 6.0200e- 003 5.5400e- 003 5.5400e- 003 0.0000 16.0226 16.0226 5.1800e- 003 0.0000 16.1521 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0109 0.1125 0.1172 1.8000e- 004 6.0200e- 003 6.0200e- 003 5.5400e- 003 5.5400e- 003 0.0000 16.0226 16.0226 5.1800e- 003 0.0000 16.1521 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 22 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.6 Paving - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.1000e- 004 3.4000e- 004 3.5000e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.5000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8615 0.8615 2.0000e- 005 0.0000 0.8621 Total 5.1000e- 004 3.4000e- 004 3.5000e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.5000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8615 0.8615 2.0000e- 005 0.0000 0.8621 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 2.2400e- 003 9.7200e- 003 0.1384 1.8000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 16.0226 16.0226 5.1800e- 003 0.0000 16.1521 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 2.2400e- 003 9.7200e- 003 0.1384 1.8000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 16.0226 16.0226 5.1800e- 003 0.0000 16.1521 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 23 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.6 Paving - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.1000e- 004 3.4000e- 004 3.5000e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.5000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8615 0.8615 2.0000e- 005 0.0000 0.8621 Total 5.1000e- 004 3.4000e- 004 3.5000e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.5000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8615 0.8615 2.0000e- 005 0.0000 0.8621 Mitigated Construction Off-Site 3.6 Paving - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1639 1.6859 1.9123 2.9700e- 003 0.0884 0.0884 0.0814 0.0814 0.0000 261.3064 261.3064 0.0845 0.0000 263.4192 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.1639 1.6859 1.9123 2.9700e- 003 0.0884 0.0884 0.0814 0.0814 0.0000 261.3064 261.3064 0.0845 0.0000 263.4192 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 24 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.6 Paving - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6200e- 003 4.9900e- 003 0.0518 1.5000e- 004 0.0157 1.1000e- 004 0.0158 4.1600e- 003 1.0000e- 004 4.2600e- 003 0.0000 13.5650 13.5650 3.6000e- 004 0.0000 13.5739 Total 7.6200e- 003 4.9900e- 003 0.0518 1.5000e- 004 0.0157 1.1000e- 004 0.0158 4.1600e- 003 1.0000e- 004 4.2600e- 003 0.0000 13.5650 13.5650 3.6000e- 004 0.0000 13.5739 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0366 0.1586 2.2571 2.9700e- 003 4.8800e- 003 4.8800e- 003 4.8800e- 003 4.8800e- 003 0.0000 261.3061 261.3061 0.0845 0.0000 263.4189 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0366 0.1586 2.2571 2.9700e- 003 4.8800e- 003 4.8800e- 003 4.8800e- 003 4.8800e- 003 0.0000 261.3061 261.3061 0.0845 0.0000 263.4189 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 25 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.6 Paving - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.6200e- 003 4.9900e- 003 0.0518 1.5000e- 004 0.0157 1.1000e- 004 0.0158 4.1600e- 003 1.0000e- 004 4.2600e- 003 0.0000 13.5650 13.5650 3.6000e- 004 0.0000 13.5739 Total 7.6200e- 003 4.9900e- 003 0.0518 1.5000e- 004 0.0157 1.1000e- 004 0.0158 4.1600e- 003 1.0000e- 004 4.2600e- 003 0.0000 13.5650 13.5650 3.6000e- 004 0.0000 13.5739 Mitigated Construction Off-Site 3.6 Paving - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0827 0.8344 1.0935 1.7100e- 003 0.0426 0.0426 0.0392 0.0392 0.0000 150.2067 150.2067 0.0486 0.0000 151.4212 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0827 0.8344 1.0935 1.7100e- 003 0.0426 0.0426 0.0392 0.0392 0.0000 150.2067 150.2067 0.0486 0.0000 151.4212 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 26 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.6 Paving - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0600e- 003 2.5600e- 003 0.0271 8.0000e- 005 8.9900e- 003 6.0000e- 005 9.0500e- 003 2.3900e- 003 6.0000e- 005 2.4500e- 003 0.0000 7.5174 7.5174 1.8000e- 004 0.0000 7.5220 Total 4.0600e- 003 2.5600e- 003 0.0271 8.0000e- 005 8.9900e- 003 6.0000e- 005 9.0500e- 003 2.3900e- 003 6.0000e- 005 2.4500e- 003 0.0000 7.5174 7.5174 1.8000e- 004 0.0000 7.5220 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0210 0.0912 1.2972 1.7100e- 003 2.8000e- 003 2.8000e- 003 2.8000e- 003 2.8000e- 003 0.0000 150.2065 150.2065 0.0486 0.0000 151.4210 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0210 0.0912 1.2972 1.7100e- 003 2.8000e- 003 2.8000e- 003 2.8000e- 003 2.8000e- 003 0.0000 150.2065 150.2065 0.0486 0.0000 151.4210 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 27 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.6 Paving - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0600e- 003 2.5600e- 003 0.0271 8.0000e- 005 8.9900e- 003 6.0000e- 005 9.0500e- 003 2.3900e- 003 6.0000e- 005 2.4500e- 003 0.0000 7.5174 7.5174 1.8000e- 004 0.0000 7.5220 Total 4.0600e- 003 2.5600e- 003 0.0271 8.0000e- 005 8.9900e- 003 6.0000e- 005 9.0500e- 003 2.3900e- 003 6.0000e- 005 2.4500e- 003 0.0000 7.5174 7.5174 1.8000e- 004 0.0000 7.5220 Mitigated Construction Off-Site 3.7 Architectural Coating - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 6.9700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.9400e- 003 0.0135 0.0147 2.0000e- 005 8.9000e- 004 8.9000e- 004 8.9000e- 004 8.9000e- 004 0.0000 2.0426 2.0426 1.6000e- 004 0.0000 2.0466 Total 8.9100e- 003 0.0135 0.0147 2.0000e- 005 8.9000e- 004 8.9000e- 004 8.9000e- 004 8.9000e- 004 0.0000 2.0426 2.0426 1.6000e- 004 0.0000 2.0466 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 28 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.7 Architectural Coating - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e- 005 5.0000e- 005 4.7000e- 004 0.0000 1.3000e- 004 0.0000 1.3000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1149 0.1149 0.0000 0.0000 0.1150 Total 7.0000e- 005 5.0000e- 005 4.7000e- 004 0.0000 1.3000e- 004 0.0000 1.3000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1149 0.1149 0.0000 0.0000 0.1150 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 6.9700e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.4000e- 004 1.0300e- 003 0.0147 2.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0000 2.0426 2.0426 1.6000e- 004 0.0000 2.0466 Total 7.2100e- 003 1.0300e- 003 0.0147 2.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 3.0000e- 005 0.0000 2.0426 2.0426 1.6000e- 004 0.0000 2.0466 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 29 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.7 Architectural Coating - 2020 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.0000e- 005 5.0000e- 005 4.7000e- 004 0.0000 1.3000e- 004 0.0000 1.3000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1149 0.1149 0.0000 0.0000 0.1150 Total 7.0000e- 005 5.0000e- 005 4.7000e- 004 0.0000 1.3000e- 004 0.0000 1.3000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1149 0.1149 0.0000 0.0000 0.1150 Mitigated Construction Off-Site 3.7 Architectural Coating - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.1137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0286 0.1993 0.2372 3.9000e- 004 0.0123 0.0123 0.0123 0.0123 0.0000 33.3200 33.3200 2.2900e- 003 0.0000 33.3771 Total 0.1423 0.1993 0.2372 3.9000e- 004 0.0123 0.0123 0.0123 0.0123 0.0000 33.3200 33.3200 2.2900e- 003 0.0000 33.3771 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 30 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.7 Architectural Coating - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0200e- 003 6.7000e- 004 6.9000e- 003 2.0000e- 005 2.0900e- 003 1.0000e- 005 2.1000e- 003 5.5000e- 004 1.0000e- 005 5.7000e- 004 0.0000 1.8087 1.8087 5.0000e- 005 0.0000 1.8099 Total 1.0200e- 003 6.7000e- 004 6.9000e- 003 2.0000e- 005 2.0900e- 003 1.0000e- 005 2.1000e- 003 5.5000e- 004 1.0000e- 005 5.7000e- 004 0.0000 1.8087 1.8087 5.0000e- 005 0.0000 1.8099 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.1137 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.8800e- 003 0.0168 0.2391 3.9000e- 004 5.2000e- 004 5.2000e- 004 5.2000e- 004 5.2000e- 004 0.0000 33.3199 33.3199 2.2900e- 003 0.0000 33.3771 Total 0.1176 0.0168 0.2391 3.9000e- 004 5.2000e- 004 5.2000e- 004 5.2000e- 004 5.2000e- 004 0.0000 33.3199 33.3199 2.2900e- 003 0.0000 33.3771 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 31 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.7 Architectural Coating - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.0200e- 003 6.7000e- 004 6.9000e- 003 2.0000e- 005 2.0900e- 003 1.0000e- 005 2.1000e- 003 5.5000e- 004 1.0000e- 005 5.7000e- 004 0.0000 1.8087 1.8087 5.0000e- 005 0.0000 1.8099 Total 1.0200e- 003 6.7000e- 004 6.9000e- 003 2.0000e- 005 2.0900e- 003 1.0000e- 005 2.1000e- 003 5.5000e- 004 1.0000e- 005 5.7000e- 004 0.0000 1.8087 1.8087 5.0000e- 005 0.0000 1.8099 Mitigated Construction Off-Site 3.7 Architectural Coating - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0654 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0153 0.1056 0.1360 2.2000e- 004 6.1300e- 003 6.1300e- 003 6.1300e- 003 6.1300e- 003 0.0000 19.1494 19.1494 1.2500e- 003 0.0000 19.1806 Total 0.0807 0.1056 0.1360 2.2000e- 004 6.1300e- 003 6.1300e- 003 6.1300e- 003 6.1300e- 003 0.0000 19.1494 19.1494 1.2500e- 003 0.0000 19.1806 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 32 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 3.7 Architectural Coating - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.4000e- 004 3.4000e- 004 3.6200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0023 1.0023 2.0000e- 005 0.0000 1.0029 Total 5.4000e- 004 3.4000e- 004 3.6200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0023 1.0023 2.0000e- 005 0.0000 1.0029 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0654 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 2.2300e- 003 9.6600e- 003 0.1374 2.2000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 19.1494 19.1494 1.2500e- 003 0.0000 19.1806 Total 0.0676 9.6600e- 003 0.1374 2.2000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 3.0000e- 004 0.0000 19.1494 19.1494 1.2500e- 003 0.0000 19.1806 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 33 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile 3.7 Architectural Coating - 2022 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.4000e- 004 3.4000e- 004 3.6200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0023 1.0023 2.0000e- 005 0.0000 1.0029 Total 5.4000e- 004 3.4000e- 004 3.6200e- 003 1.0000e- 005 1.2000e- 003 1.0000e- 005 1.2100e- 003 3.2000e- 004 1.0000e- 005 3.3000e- 004 0.0000 1.0023 1.0023 2.0000e- 005 0.0000 1.0029 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 34 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0927 1.0039 0.8260 4.0000e- 003 0.2279 3.3500e- 003 0.2312 0.0613 3.1600e- 003 0.0644 0.0000 371.8339 371.8339 0.0301 0.0000 372.5863 Unmitigated 0.0927 1.0039 0.8260 4.0000e- 003 0.2279 3.3500e- 003 0.2312 0.0613 3.1600e- 003 0.0644 0.0000 371.8339 371.8339 0.0301 0.0000 372.5863 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Arena 307.74 307.74 307.74 597,613 597,613 Total 307.74 307.74 307.74 597,613 597,613 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Arena 9.50 7.30 7.30 0.00 81.00 19.00 66 28 6 5.0 Energy Detail 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Arena 0.511925 0.031902 0.170344 0.119204 0.018408 0.005097 0.021580 0.111258 0.001794 0.001564 0.005229 0.000954 0.000741 Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 35 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 68.6567 68.6567 3.1000e- 003 6.4000e- 004 68.9257 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 68.6567 68.6567 3.1000e- 003 6.4000e- 004 68.9257 NaturalGas Mitigated 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 29.8005 29.8005 5.7000e- 004 5.5000e- 004 29.9776 NaturalGas Unmitigated 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 29.8005 29.8005 5.7000e- 004 5.5000e- 004 29.9776 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Arena 558439 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 29.8005 29.8005 5.7000e- 004 5.5000e- 004 29.9776 Total 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 29.8005 29.8005 5.7000e- 004 5.5000e- 004 29.9776 Unmitigated 5.1 Mitigation Measures Energy CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 36 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Arena 558439 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 29.8005 29.8005 5.7000e- 004 5.5000e- 004 29.9776 Total 3.0100e- 003 0.0274 0.0230 1.6000e- 004 2.0800e- 003 2.0800e- 003 2.0800e- 003 2.0800e- 003 0.0000 29.8005 29.8005 5.7000e- 004 5.5000e- 004 29.9776 Mitigated 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Arena 236006 68.6567 3.1000e- 003 6.4000e- 004 68.9257 Total 68.6567 3.1000e- 003 6.4000e- 004 68.9257 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 37 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual No Hearths Installed 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Arena 236006 68.6567 3.1000e- 003 6.4000e- 004 68.9257 Total 68.6567 3.1000e- 003 6.4000e- 004 68.9257 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 38 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1231 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Unmitigated 0.1231 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0186 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.1045 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 2.0000e- 005 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Total 0.1231 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 39 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual Install Low Flow Bathroom Faucet Install Low Flow Toilet 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0186 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.1045 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 2.0000e- 005 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Total 0.1231 0.0000 2.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.8000e- 004 4.8000e- 004 0.0000 0.0000 5.1000e- 004 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 40 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 19.8570 0.3300 7.9300e- 003 30.4685 Unmitigated 22.5518 0.3765 9.0500e- 003 34.6594 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Arena 11.5274 / 0.735792 22.5518 0.3765 9.0500e- 003 34.6594 Total 22.5518 0.3765 9.0500e- 003 34.6594 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 41 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 8.1 Mitigation Measures Waste 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Arena 10.1026 / 0.735792 19.8570 0.3300 7.9300e- 003 30.4685 Total 19.8570 0.3300 7.9300e- 003 30.4685 Mitigated 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 0.1502 8.8800e- 003 0.0000 0.3722 Unmitigated 0.1502 8.8800e- 003 0.0000 0.3722 Category/Year CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 42 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Arena 0.74 0.1502 8.8800e- 003 0.0000 0.3722 Total 0.1502 8.8800e- 003 0.0000 0.3722 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Arena 0.74 0.1502 8.8800e- 003 0.0000 0.3722 Total 0.1502 8.8800e- 003 0.0000 0.3722 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 43 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 5/7/2020 8:49 AMPage 44 of 44 Fresno Pacific University Culture and Arts Center - San Joaquin Valley Air Basin, Annual ATTACHMENT C FRESNO PACIFIC UNIVERSITY CULTURE AND ARTS CENTER TRAFFIC IMPACT ANALYSIS THIS PAGE INTENTIONALLY LEFT BLANK. Traffic Impact Analysis March 19, 2020 Fresno Pacific University Culture and Arts Center Located on the Southeast Quadrant of Chestnut Avenue and Butler Avenue In the City of Fresno, California Prepared for: Fresno Pacific University 1717 S. Chestnut Avenue Fresno, CA 93702 Project No. 004-108 Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Phone: (559) 570-8991 www.JLBtraffic.com THIS PAGE INTENTIONALLY LEFT BLANK. Traffic Engineering, Transportation Planning, & Parking Solutions Z:\01 Projects\004 Fresno\004-108 Fresno Pacific TIA\Report\TIA\R03192020 Fresno Pacific TIA.docx Traffic Engineering, Transportation Planning, & Parking Solutions 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Phone: (559) 570-8991 www.JLBtraffic.com Traffic Impact Analysis For the Fresno Pacific University Culture and Arts Center located on the southeast quadrant of Chestnut Avenue and Butler Avenue In the City of Fresno, CA March 19, 2020 This Traffic Impact Analysis has been prepared under the direction of a licensed Traffic Engineer. The licensed Traffic Engineer attests to the technical information contained therein and has judged the qualifications of any technical specialists providing engineering data from which recommendations, conclusions, and decisions are based. Prepared by: _________________________________ Jose Luis Benavides, PE, TE President THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | iii (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Table of Contents Introduction and Summary ....................................................................................................................1 Introduction ................................................................................................................................................. 1 Summary ...................................................................................................................................................... 1 Existing Traffic Conditions ........................................................................................................................ 1 Existing plus Project Traffic Conditions .................................................................................................... 2 Near Term plus Project Traffic Conditions ............................................................................................... 2 Cumulative Year 2035 plus Project Traffic Conditions ............................................................................. 2 Queuing Analysis ...................................................................................................................................... 2 Scope of Work ......................................................................................................................................3 Study Facilities ............................................................................................................................................. 4 Study Intersections .................................................................................................................................. 4 Study Scenarios ............................................................................................................................................ 5 Existing Traffic Conditions ........................................................................................................................ 5 Existing plus Project Traffic Conditions .................................................................................................... 5 Near Term plus Project Traffic Conditions ............................................................................................... 5 Cumulative Year 2035 plus Project Traffic Conditions ............................................................................. 5 Level of Service Analysis Methodology ..................................................................................................6 Criteria of Significance ..........................................................................................................................7 Operational Analysis Assumptions and Defaults ....................................................................................8 Existing Traffic Conditions .....................................................................................................................9 Roadway Network ........................................................................................................................................ 9 Collision Analysis ........................................................................................................................................ 10 Results of Existing Level of Service Analysis .............................................................................................. 11 Existing plus Project Traffic Conditions ................................................................................................ 14 Project Description..................................................................................................................................... 14 Project Access ............................................................................................................................................ 14 Project Parking ........................................................................................................................................... 14 Project Trip Generation ............................................................................................................................. 15 Trip Distribution ......................................................................................................................................... 16 Bikeways .................................................................................................................................................... 16 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | iv (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Walkways ................................................................................................................................................... 16 Transit ........................................................................................................................................................ 16 Vehicle Miles Traveled Evaluation ............................................................................................................. 17 Results of Existing plus Project Level of Service Analysis .......................................................................... 18 Near Term plus Project Traffic Conditions .............................................................................................. 22 Description of Near Term Projects ............................................................................................................. 22 Results of Near Term plus Project Level of Service Analysis ...................................................................... 23 Cumulative Year 2035 plus Project Traffic Conditions ........................................................................... 26 Results of Cumulative Year 2035 plus Project Level of Service Analysis ................................................... 26 Queuing Analysis ................................................................................................................................ 28 Conclusions and Recommendations..................................................................................................... 29 Existing Traffic Conditions ...................................................................................................................... 29 Existing plus Project Traffic Conditions .................................................................................................. 29 Near Term plus Project Traffic Conditions ............................................................................................. 30 Cumulative Year 2035 plus Project Traffic Conditions ........................................................................... 30 Queuing Analysis .................................................................................................................................... 30 Study Participants ............................................................................................................................... 31 References .......................................................................................................................................... 32 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | v (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 List of Figures Figure 1: Vicinity Map ............................................................................................................................................. 12 Figure 2: Existing - Traffic Volumes, Geometrics and Controls................................................................................. 13 Figure 3: Project Site Plan ....................................................................................................................................... 19 Figure 4: Project Only Trips ..................................................................................................................................... 20 Figure 5: Existing plus Project - Traffic Volumes, Geometrics and Controls ............................................................. 21 Figure 6: Near Term Projects' Trip Assignment ....................................................................................................... 24 Figure 7: Near Term plus Project - Traffic Volumes, Geometrics and Controls ......................................................... 25 Figure 8: Cumulative Year 2035 plus Project - Traffic Volumes, Geometrics and Controls ....................................... 27 List of Tables Table I: Five-Year Intersection Collision Analysis..................................................................................................... 10 Table II: Existing Intersection LOS Results ............................................................................................................... 11 Table III: Project Trip Generation ............................................................................................................................ 15 Table IV: Existing Trip Generation ........................................................................................................................... 15 Table V: Difference in Trip Generation .................................................................................................................... 15 Table VI: Existing plus Project Intersection LOS Results .......................................................................................... 18 Table VII: Near Term Projects’ Trip Generation ....................................................................................................... 22 Table VIII: Near Term plus Project Intersection LOS Results .................................................................................... 23 Table IX: Cumulative Year 2035 plus Project Intersection LOS Results .................................................................... 26 Table X: Queuing Analysis ....................................................................................................................................... 28 List of Appendices Appendix A: Scope of Work Appendix B: Traffic Counts Appendix C: Traffic Modeling Appendix D: Methodology Appendix E: Collision Data Appendix F: Existing Traffic Conditions Appendix G: Existing plus Project Traffic Conditions Appendix H: Near Term plus Project Traffic Conditions Appendix I: Cumulative Year 2035 plus Project Traffic Conditions Appendix J: Parking Covenant THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Introduction and Summary Introduction This report describes a Traffic Impact Analysis (TIA) prepared by JLB Traffic Engineering, Inc. (JLB) for the proposed Fresno Pacific University Culture and Arts Center (Project) located on the southeast quadrant of Chestnut Avenue and Butler Avenue in the City of Fresno. The Project proposes to construct a 26,758 square-foot culture and arts center with a maximum auditorium capacity of 400 seats. The proposed Project will assist in fulfilling Fresno Pacific University’s mission to provide a range of faith- based social and cultural experiences for their students and its host community by providing a venue for acting, cultural, educational, and music events. The proposed Project will also provide a venue for students to plan, perform and manage such events. Community sponsored events will also occur at the proposed Project site providing a peaceful and attractive venue for cultural and social events. Fresno Pacific University owns the properties on which the proposed Project site is located. The existing residences owned by Fresno Pacific University will be removed to accommodate the proposed Project. The residences to be removed include five (5) seminary homes – one (1) garage and four (4) single-family homes – at the following locations: a) 4824 E. Butler Ave. (APN 473-020-37), b) 4838 E. Butler Ave. (APN 473-061-01), c) 4846 E. Butler Ave. (APN 473-061-02), d) 4845 E. Townsend Ave. (APN 473-061-09), and e) 4837 E. Townsend Ave. (APN 473-061-10). Based on information provided to JLB, the Project is consistent with the City of Fresno 2035 General Plan. Figure 1 shows the location of the proposed Project site relative to the surrounding roadway network. The purpose of the TIA is to evaluate the potential on-site and off-site traffic impacts, identify short-term and long-term roadway and circulation needs, determine potential mitigation measures, and identify any critical traffic issues that should be addressed in the on-going planning process. The TIA primarily focused on evaluating traffic conditions at study intersections that may potentially be impacted by the proposed Project. The Scope of Work was prepared via consultation with City of Fresno, County of Fresno and Caltrans staff. Summary The potential traffic impacts of the proposed Project were evaluated in accordance with the standards set forth by the Level of Service (LOS) policy of the City of Fresno, County of Fresno and Caltrans. Existing Traffic Conditions • JLB conducted a search of the Statewide Integrated Traffic Records System (SWITRS) to review collision reports for the most recent five-year period (January 1, 2015 to December 31, 2019). In the five-year period, a total of 3 collisions were reported within the influence zone of the existing study intersection. • JLB analyzed the data contained within the SWITRS database for the five-year analysis period, but was unable to reach a conclusion that would justify the modification of lane geometrics or traffic controls at the existing study intersection. As a result, the number of correctable collisions experienced at the study intersection are considered less than significant. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 • At present, the intersection of Winery Avenue and Butler Avenue operates at an acceptable LOS during the PM peak period. Existing plus Project Traffic Conditions • JLB analyzed the location of the proposed access points relative to the existing local roads and driveways in the Project’s vicinity. A review of the Project access point to be constructed indicates that it is located at a point that minimizes traffic operational impacts to the existing roadway network. • In order to help improve traffic safety and operation at the exit only access, it is recommended that two (2) 12" x 18" "EXIT ONLY, DO NOT ENTER" signs be installed to prevent traffic from entering the Project site in the wrong direction of travel. The signs shall be installed on each side of the driveway with one located on the west side of the driveway facing southeast and one on the east side of the driveway facing southwest. It is also recommended that a Type 1 arrow be added approximately five (5) feet behind the back of the driveway and be repainted once it starts to fade. • It is recommended that the Project retain the Class II Bike Lane along its frontage to Butler Avenue. • It is recommended that the Project retain walkways that are ADA compliant along its frontage to Butler Avenue. • At buildout, the proposed Project is estimated to generate a maximum of 296 daily trips and 132 PM peak hour trips. • Based on the Fresno COG model run, the Project is anticipated to generate an average of 6.20 VMT per trip. • Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Near Term plus Project Traffic Conditions • The total trip generation for the Near Term Projects is 51,510 daily trips and 5,077 PM peak hour trips. • Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Cumulative Year 2035 plus Project Traffic Conditions • Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Queuing Analysis • It is recommended that the City consider left-turn and right-turn lane storage lengths as indicated in the Queuing Analysis. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Scope of Work The TIA focused on evaluating traffic conditions at study intersections that may potentially be impacted by the proposed Project. On January 9, 2020, a Draft Scope of Work for the preparation of a Traffic Impact Analysis for this Project was provided to the City of Fresno, County of Fresno and Caltrans for their review and comment. Any comments to the proposed Scope of Work were to be provided by January 30, 2020. On January 24, 2020, Caltrans responded and approved the Draft Scope of Work as presented. On January 27, 2020, the County of Fresno responded to the Draft Scope of Work. The County of Fresno requested that an updated Draft Scope of Work that included trip distribution percentages, a near term no project scenario, and a cumulative year no project scenario be provided. On January 29, 2020, the City of Fresno responded to the Draft Scope of Work and requested a trip trace for all access points to the Project. On January 30, 2020, JLB provided the City and County of Fresno with the Project’s trip trace to all access points. On January 31, 2020, the County of Fresno recommended for a Traffic Management Plan but deferred this request to the City. On February 4, 2020, the City of Fresno noted no additional comments to the Scope of Work and requested that the Project’s trip trace to all access points be included in the Report. On February 5, 2020, the County of Fresno retracted their request to include a near term no project scenario and a cumulative year no project scenario since the proposed Project is consistent with the City of Fresno 2035 General Plan. Based on the comments received, the TIA includes the Project’s trip trace to all access points as requested by the City of Fresno. The Draft Scope of Work and the comments received from the lead agency and responsible agencies are included in Appendix A. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Study Facilities The existing peak hour turning movement volume counts were conducted at the study intersection on October 2019, while schools in the vicinity of the proposed Project were in session. The intersection turning movement counts included pedestrian volumes. The traffic counts for the existing study intersections are contained in Appendix B. The existing intersection turning movement volumes, intersection geometrics and traffic controls are illustrated in Figure 2. Study Intersections 1. Winery Avenue / Butler Avenue www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Study Scenarios Existing Traffic Conditions This scenario evaluates the Existing Traffic Conditions based on existing traffic volumes and roadway conditions from traffic counts and field surveys conducted on October 2019. Existing plus Project Traffic Conditions This scenario evaluates total traffic volumes and roadway conditions based on the Existing plus Project Traffic Conditions. The Existing plus Project traffic volumes were obtained by adding the Project Only Trips to the Existing Traffic Conditions scenario. The Project Only Trips to the study facilities were developed based on existing travel patterns, the Fresno COG Project Select Zone, the existing roadway network, engineering judgment, data provided by the developer, knowledge of the study area, existing residential and commercial densities, and the City of Fresno 2035 General Plan Circulation Element in the vicinity of the Project. The Fresno COG Models for the Project Select Zone are contained in Appendix C. Near Term plus Project Traffic Conditions This scenario evaluates total traffic volumes and roadway conditions based on the Near Term plus Project Traffic Conditions. The Near Term plus Project traffic volumes were obtained by adding the Near Term related trips to the Existing plus Project Traffic Conditions scenario. Cumulative Year 2035 plus Project Traffic Conditions This scenario evaluates total traffic volumes and roadway conditions based on the Cumulative Year 2035 plus Project Traffic Conditions. The Cumulative Year 2035 plus Project traffic volumes were obtained from the Fresno COG traffic model runs (Base Year 2020 and Cumulative Year 2035) and existing traffic counts. Under this scenario, the increment method, as recommended by the Model Steering Committee was utilized to determine the Cumulative Year 2035 plus Project traffic volumes. The Fresno COG Models are contained in Appendix C. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 6 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Level of Service Analysis Methodology Level of Service (LOS) is a qualitative index of the performance of an element of the transportation system. LOS is a rating scale running from “A” to “F”, with “A” indicating no congestion of any kind and “F” indicating unacceptable congestion and delays. LOS in this study describes the operating conditions for signalized and unsignalized intersections. The Highway Capacity Manual (HCM) 6th Edition is the standard reference published by the Transportation Research Board and contains the specific criteria and methods to be used in assessing LOS. Synchro software was used to define LOS in this study. Details regarding these calculations are included in Appendix D. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 7 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Criteria of Significance The City of Fresno 2035 General Plan has established various degrees of acceptable LOS on its major streets, which are dependent on four (4) Traffic Impact Zones (TIZ) within the City. The standard LOS threshold for TIZ I is LOS F, that for TIZ II is LOS E, that for TIZ III is LOS D, and that for TIZ IV is LOS E. Additionally, the 2035 MEIR made findings of overriding consideration to allow a lower LOS threshold than that established by the underlying TIZ’s. For those cases in which a LOS criterion for a roadway segment differs from that of the underlying TIZ, such criteria are identified in the roadway description. In this analysis, the study intersection falls within TIZ II and utilizes LOS E to evaluate the potential significance of LOS impacts pursuant to the City of Fresno 2035 General Plan. The County of Fresno has established LOS C as the acceptable level of traffic congestion on county roads and streets that fall entirely outside the Sphere of Influence (SOI) of a City. For those areas that fall within the SOI of a City, the LOS criteria of the City are the criteria of significance used in this report. LOS C is used to evaluate the potential significance of LOS impacts to Fresno County intersections that fall outside the City of Fresno SOI. In this case, all study facilities fall within the City of Fresno SOI, therefore, the City of Fresno LOS is utilized. Caltrans endeavors to maintain a target LOS at the transition between LOS C and D on State highway facilities consistent with the Caltrans Guide for the Preparation of Traffic Impact Studies dated December 2002. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. In this TIA, however, all study facilities fall within the City of Fresno SOI. Therefore, the City of Fresno LOS threshold is utilized. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 8 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Operational Analysis Assumptions and Defaults The following operational analysis values, assumptions and defaults were used in this study to ensure a consistent analysis of LOS among the various scenarios. • Yellow time consistent with the California Manual of Uniform Traffic Control Devices (CA MUTCD) based on approach speeds • Yellow time of 3.2 seconds for left-turn phases • All-red clearance intervals of 1.0 second for all phases • Walk intervals of 7.0 seconds • Flashing Don’t Walk based on 3.5 feet/second walking speed with yellow plus all-red clearance subtracted and 2.0 seconds added • All new or modified signals utilize protective left-turn phasing • A 3 percent heavy vehicle factor • The number of observed pedestrians at the existing intersection was utilized under all study scenarios • An average of 3 pedestrian calls per hour at the signalized intersection • At the existing intersection, the observed approach Peak Hour Factor (PHF) is utilized in the Existing, Existing plus Project, and Near Term plus Project scenarios • A PHF of 0.92, or the existing PHF if higher, is utilized for the existing intersection under the Cumulative Year 2035 scenario www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 9 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Existing Traffic Conditions Roadway Network The Project site and surrounding study area are illustrated in Figure 1. Important roadways serving the Project are discussed below. Winery Avenue is an existing north-south two-lane undivided roadway in the vicinity of the proposed Project site. In this area, Winery Avenue exists as a two-lane undivided local roadway between Balch Avenue and Lane Avenue, a two-lane undivided collector between Lane Avenue and Butler Avenue, and a two-lane undivided local roadway between Butler Avenue and Hamilton Avenue. The City of Fresno 2035 General Plan Circulation Element designates Winery Avenue as two-lane undivided local roadway between Balch Avenue and Hamilton Avenue. Butler Avenue is an existing east-west two-lane collector divided by a two-way left-turn lane adjacent to the proposed Project site. In this area, Butler Avenue exists as a four-lane undivided collector between “O” Street and Parallel Avenue, a two-lane collector divided by a two-way left-turn lane between Parallel Avenue and Orange Avenue, a two-lane undivided collector between Orange Avenue and Cedar Avenue, a two-lane collector divided by a two-way left-turn lane between Cedar Avenue and Bailey Avenue, a two- lane undivided scenic drive between Bailey Avenue and Fowler Avenue, and a two-lane undivided local roadway east of Fowler Avenue through the City of Fresno SOI. The City of Fresno 2035 General Plan Circulation Element designates Butler Avenue as a four-lane collector between “O” Street and Parallel Avenue, a two-lane collector between Parallel Avenue and Peach Avenue, a two-lane scenic drive between Peach Avenue and Fowler Avenue, a two-lane local roadway between Fowler Avenue and Temperance Avenue, and a two-lane connector east of Temperance Avenue through the City of Fresno SOI. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 10 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Collision Analysis JLB conducted a search of the Statewide Integrated Traffic Records System (SWITRS) to review collision reports for the most recent five-year period (January 1, 2015 to December 31, 2019). The SWITRS “is a database that serves as a means to collect and process data gathered from a collision scene. The internet SWITRS application is a tool by which CHP staff and members of its Allied Agencies throughout California can request various types of statistical reports in an electronic format.” All collision reports found in SWITRS between January 1, 2015 and December 31, 2019 were included in the analysis. Collision data for the existing study intersection are contained in Appendix E. In the five-year period, a total of 3 collisions were reported within the influence zone of the existing study intersection. Table I summarizes the total number of collisions reported at the existing study intersection, the type of collision, the severity of the collision, the type of violation, and whether the collision involved another motor vehicle, a pedestrian/bicyclist or a fixed object. Based on the collision data recorded during the five- year period, the existing study intersection has experienced a relatively low average number of collisions per year with a total of 3 reported collisions during the five-year period. JLB analyzed the data contained within the SWITRS database for the five-year analysis period but was unable to reach a conclusion that would justify the modification of lane geometrics or traffic controls at the existing study intersection. As a result, the number of correctable collisions experienced at the study intersection are considered less than significant. Table I: Five-Year Intersection Collision Analysis ID Intersection Number of Collisions Type of Collision Severity Type of Violation Motor Vehicle Involved with... Broadside Rear End Head-On Object Sideswipe Other Unknown Fatal Severe Injury Other Visible Injury Complaint of Pain Injury Property Damage Only Traffic Signals & Signs Right of Way Unsafe Speed Improper Turning Driving Under Influence Pedestrian Violation Other Pedestrian/Bicyclist Other Motor Vehicle Fixed Object Unknown 1 Winery Avenue / Butler Avenue 3 1 1 - - - 1 - 1 - - 1 1 - - 1 - 2 - - 1 2 - - www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 11 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Results of Existing Level of Service Analysis Figure 2 illustrates the Existing Traffic Conditions turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Existing Traffic Conditions scenario are provided in Appendix F. Table II presents a summary of the Existing peak hour LOS at the study intersection. At present, the intersection of Winery Avenue and Butler Avenue operates at an acceptable LOS during the PM peak period. Table II: Existing Intersection LOS Results ID Intersection Intersection Control PM (4-6) Peak Hour Average Delay (sec/veh) LOS 1 Winery Avenue / Butler Avenue Signalized 11.3 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Vicinity Map Figure 1 004-108 - 03/11/20 - CS/MM/JG 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVELEGEND = STUDY INTERSECTION# = PROJECT LOCATION N Not To Scale PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Existing - Traffic Volumes, Geometrics and Controls Figure 2 004-108 - 03/11/20 - CS/MM/JG(190)(29)(85)(33)Butler AveWinery AveButler Ave Winery Ave &1.(29)(57)(71) (195) (7) (31) (275) (161) 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVELEGEND = STUDY INTERSECTION# = PROJECT LOCATION = PM PEAK HOUR TRIPS(XX) = TRAFFIC SIGNAL N Not To Scale www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 14 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Existing plus Project Traffic Conditions Project Description The Project proposes to construct a 26,758 square-foot culture and arts center with a maximum auditorium capacity of 400 seats. The proposed Project will assist in fulfilling Fresno Pacific University’s mission to provide a range of faith-based social and cultural experiences for their students and its host community by providing a venue for acting, cultural, educational, and music events. The proposed Project will also provide a venue for students to plan, perform and manage such events. Community sponsored events will also occur at the proposed Project site providing a peaceful and attractive venue for cultural and social events. Fresno Pacific University owns the properties on which the proposed Project site is located. The existing residences owned by Fresno Pacific University will be removed to accommodate the proposed Project. The residences to be removed include five (5) seminary homes – one (1) garage and four (4) single-family homes – at the following locations: a) 4824 E. Butler Ave. (APN 473-020-37), b) 4838 E. Butler Ave. (APN 473-061-01), c) 4846 E. Butler Ave. (APN 473-061-02), d) 4845 E. Townsend Ave. (APN 473-061-09), and e) 4837 E. Townsend Ave. (APN 473-061-10). Based on information provided to JLB, the Project is consistent with the City of Fresno 2035 General Plan. Figure 3 illustrates the latest Project Site Plan. Project Access Based on the latest Project Site Plan, access to and from the Project site will be from three (3) proposed access points located along Butler Avenue and Townsend Avenue. Two (2) proposed access points are located along the south side of Butler Avenue approximately 200 and 625 feet east of Chestnut Avenue and are proposed as full access. The other access point is located along the north side of Townsend Avenue and is an exit only access. JLB analyzed the location of the proposed access points relative to the existing local roads and driveways in the Project’s vicinity. A review of the Project access point to be constructed indicates that it is located at a point that minimizes traffic operational impacts to the existing roadway network. In order to help improve traffic safety and operation at the exit only access, it is recommended that two (2) 12" x 18" "EXIT ONLY, DO NOT ENTER" signs be installed to prevent traffic from entering the Project site in the wrong direction of travel. The signs shall be installed on each side of the driveway with one located on the west side of the driveway facing southeast and one on the east side of the driveway facing southwest. It is also recommended that a Type 1 arrow be added approximately five (5) feet behind the back of the driveway and be repainted once it starts to fade. Project Parking Based on the latest Project Site Plan, the Project will provide 75 on-site parking stalls. Adjacent to the Project site are 537 existing paved parking stalls as part of the existing campus. An additional 70 overflow parking stalls are available at Butler Church located at 4884 E. Butler Avenue per a parking covenant. The parking covenant is included in Appendix J. The Project site will need 123 on-site paved parking stalls to meet City code. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 15 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Project Trip Generation Trip generation rates for the proposed Project were obtained from the Transportation Study for the Ford Theaters Project prepared by Gibson Transportation Consulting, Inc. dated June 2014 (hereinafter Gibson Study). The Gibson Study presents a PM peak hour trip generation rate of 0.33 with an 85/15 inbound and outbound split. The Daily rate was derived based on information provided by the developer that the Project would serve as a venue for up to two (2) events during a day. Table III presents the trip generation for the proposed Project. At buildout, the proposed Project is estimated to generate a maximum of 296 daily trips and 132 PM peak hour trips. Table III: Project Trip Generation Land Use (ITE Code) Size Unit Daily PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total % Culture and Arts Center* 400 seats 0.74 296 0.33 85 15 112 20 132 Total Driveway Trips 296 112 20 132 * PM Trip Generation Rate and inbound and outbound split is based on the Transportation Study for the Ford Theaters Project prepared by Gibson Transportation Consultants, Inc. dated June 2014. Daily Trip Generation Rate is based on information provided by the developer. It is worth noting that the proposed Project will replace eight (8) existing single-family residential dwelling units. Table IV presents the existing trip generation of the site with trip generation rates for Single-Family Detached Housing pursuant to the Trip Generation Manual published by the Institute of Transportation Engineers. At present, the existing site is estimated to generate a maximum of 76 daily trips and 8 PM peak hour trips. Table V presents the net new trip generation estimated for the Project site. When considering the existing traffic generated by the site, the Project is estimated to generate more traffic by 220 daily trips and 124 PM peak hour trips. However, the analysis assumes no reduction in the Project’s estimated maximum trip generation so the results are considered conservative. Table IV: Existing Trip Generation Land Use (ITE Code) Size Unit Daily PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total % Single-Family Detached Housing (210) 8 d.u. 9.44 76 0.99 63 37 5 3 8 Total Driveway Trips 76 5 3 8 Note: d.u. = Dwelling Units Table V: Difference in Trip Generation Land Use Daily PM (4-6) Peak Hour Total In Out Total Project 296 112 20 132 Existing 76 5 3 8 Difference in Trip Generation 220 107 17 124 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 16 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Trip Distribution The trip distribution assumptions were developed based on existing travel patterns, the Fresno COG Project Select Zone, the existing roadway network, engineering judgment, data provided by the developer, knowledge of the study area, existing residential and commercial densities, and the City of Fresno 2035 General Plan Circulation Element in the vicinity of the Project. Figure 4 illustrates the Project Only Trips to the study intersection. Bikeways Currently, Class II Bike Lanes exist adjacent to the proposed Project site along Butler Avenue. The City of Fresno 2017 Active Transportation Plan recommends that Class II Bike Lanes be implemented on: 1) Butler Avenue between “O” Street and Highland Avenue and 2) Winery Avenue between Balch Avenue and Butler Avenue. Furthermore, the City of Fresno 2017 Active Transportation Plan recommends that a Class III Bike Route be implemented along: 1) Winery Avenue between Butler Avenue and Hamilton Avenue. Therefore, it is recommended that the Project retain the Class II Bike Lane along its frontage to Butler Avenue. Walkways Currently, walkways exist adjacent to the proposed Project site along Butler Avenue and Winery Avenue. The City of Fresno 2017 Active Transportation Plan recommends that walkways be implemented on: 1) Butler Avenue through the City of Fresno SOI and 2) Winery Avenue between Balch Avenue and Hamilton Avenue. Therefore, it is recommended that the Project retain walkways that are ADA compliant along its frontage to Butler Avenue. Transit Fresno Area Express (FAX) is the transit operator in the City of Fresno. At present, there are two (2) FAX transit routes that operate adjacent to the proposed Project site – FAX Route 26 and FAX Route 41. FAX Route 26, which runs on Butler Avenue and Winery Avenue, operates at 30-minute intervals on weekdays and weekends. Its nearest stop to the Project site is located along the north side of Butler Avenue approximately 300 feet west of Winery Avenue. This route provides a direct connection to Bullard High School, Fresno High School, Tower District, Fresno Fairgrounds, Mosqueda Community Center, Fresno Pacific University, Peter Piper Pizza, and Fresno Yosemite International Airport. FAX Route 41, which runs on Butler Avenue, operates at 30-minute intervals on weekdays and weekends. Its nearest stop to the Project site is located along the east side of Chestnut Avenue approximately 200 feet north of Butler Avenue. Retention of the existing and expansion of future transit routes is dependent on transit ridership demand and available funding. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 17 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Vehicle Miles Traveled Evaluation Senate Bill (SB) 743 (Steinberg 2013) was approved by then Governor Brown on September 27, 2013. SB 743 created a path to revise the definition of transportation impacts according to CEQA. The revised CEQA Guidelines requiring VMT analysis became effective December 28, 2018; however, agencies have until July 1, 2020 to finalize their local guidelines on VMT analysis. Therefore, as agencies finalize their VMT analysis protocol, CEQA transportation impacts are to be determined using LOS of intersections and roadways, which is a measure of congestion. The intent of SB 743 is to align CEQA transportation study methodology with and promote the statewide goals and policies of reducing vehicle miles traveled (VMT) and greenhouse gases (GHG). Three objectives of SB 743 related to development are to reduce GHG, diversify land uses, and focus on creating a multimodal environment. It is hoped that this will spur infill development. The Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor’s Office of Planning and Research (OPR) dated December 2018 acknowledges that lead agencies should set criteria and thresholds for VMT and transportation impacts. However, the Technical Advisory provides guidance to residential, office and retail uses, citing these as the most common land uses. Beyond these three land uses, there is no guidance provided for any other land use type. The Technical Advisory also notes that land uses may have a less than significant impact if located within low VMT areas of a region and suggests that screening maps be used for this determination. VMT is simply the product of a number of trips and those trips’ lengths. The first step in a VMT analysis is to establish the baseline average VMT, which requires the definition of a region. The Technical Advisory states that existing VMT may be measured at the regional or city level. On the contrary, the Technical Advisory also notes that VMT analyses should not be truncated due to “jurisdictional or other boundaries.” Currently, Fresno COG and its member agencies, which include the City of Fresno, have begun the process to develop recommended criteria and thresholds that balance the direction from OPR and the goals of SB 743 with the vision of Fresno and economic development, access to goods and services, and overall quality of life. While these regional recommended criteria are not anticipated to be completed until mid- 2020, Fresno COG was able to provide estimated VMT data for the proposed Project. Based on the Fresno COG model run, the Project is anticipated to generate an average of 6.20 VMT per trip. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 18 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Results of Existing plus Project Level of Service Analysis The Existing plus Project Traffic Conditions scenario assumes that the existing roadway geometrics and traffic controls remain in place. Figure 5 illustrates the Existing plus Project turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Existing plus Project Traffic Conditions scenario are provided in Appendix G. Table VI presents a summary of the Existing plus Project peak hour LOS at the study intersection. Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Table VI: Existing plus Project Intersection LOS Results ID Intersection Intersection Control PM (4-6) Peak Hour Average Delay (sec/veh) LOS 1 Winery Avenue / Butler Avenue Signalized 11.6 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Project Site Plan Figure 3 004-108 - 03/11/20 - JG/MM NNot To Scale(22)(16)(22)(16)(34)(34)(3) (2)(10)(34)(34)(4) (1) PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Project Only Trips Figure 4 004-108 - 03/11/20 - CS/MM/JG(16)(2)Butler AveWinery AveButler Ave Winery Ave &1.(1)(4)(28) (3) (1) 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVELEGEND N Not To Scale = STUDY INTERSECTION# = PROJECT LOCATION = PM PROJECT ONLY TRIPS(XX) = TRAFFIC SIGNAL PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Existing plus Project - Traffic Volumes, Geometrics and Controls Figure 5 004-108 - 03/11/20 - CS/MM/JG(206)(29)(85)(35)Butler AveWinery AveButler Ave Winery Ave &1.(30)(61)(71) (223) (7) (31) (278) (162) 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVELEGEND N Not To Scale = STUDY INTERSECTION# = PROJECT LOCATION = PM PEAK HOUR TRIPS(XX) = TRAFFIC SIGNAL www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 22 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Near Term plus Project Traffic Conditions Description of Near Term Projects Near Term Projects are approved and/or known projects that are either under construction, built but not fully occupied, are not built but have final site development review (SDR) approval, or for which the lead agency or responsible agencies have knowledge of. The City of Fresno, County of Fresno and Caltrans staff were consulted throughout the preparation of this TIA regarding near term projects that could potentially impact the study intersections. JLB staff conducted a reconnaissance of the surrounding area to confirm the near term projects. Subsequently, it was agreed that the projects listed in Table VII were approved, near approval, or in the pipeline within the proximity of the proposed Project. The trip generation listed in Table VII is that which is anticipated to be added to the streets and highways by the near term projects between the time of the preparation of this report and five years from 2020. As shown in Table VIII, the total trip generation for the Near Term Projects is 51,510 daily trips and 5,077 PM peak hour trips. Figure 6 illustrates the location of the approved, near approval, or pipeline projects and their combined trip assignment to the study intersections under the Near Term plus Project Traffic Conditions scenario. Table VII: Near Term Projects’ Trip Generation Approved Project Location Approved or Pipeline Project Name Daily Trips PM Peak Hour A TT 5464 (portion of)1 76 8 B TT 54981 755 79 C TT 56381 3,351 351 D TT 59131 1,029 108 E TT 59531 887 93 F TT 6095 (portion of)1 47 5 G Lennar Heirloom Chateau Series1 1,964 206 H Fresno Unified School District Alternative Education2 2,459 221 I Sanger Unified School District2 7,597 640 J Fresno Unified School District2 5,243 935 K 4780 S Maple Avenue Rezone2 1,036 145 L Orange Industrial Park3 6,260 873 M North Pointe (portion of)4 6,552 438 N North and Orange Commercial Develpoment2 5,907 439 O RP East Industrial2 1,041 128 P BDM Builders Mixed-Use Development2 7,306 408 Total Approved and Pipeline Project Trips 51,510 5,077 Note: 1 = Trip Generation prepared by JLB Traffic Engineering, Inc. based on readily available information 2 = Trip Generation based on JLB Traffic Engineering, Inc. Traffic Impact Analysis Report 3 = Trip Generation based on Precision Civil Engineering, Inc. Traffic Impact Study Report 4 = Trip Generation based on TJKM Transportation Consultants Traffic Impact Study Report www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 23 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Results of Near Term plus Project Level of Service Analysis The Near Term plus Project Traffic Conditions scenario assumes that the existing roadway geometrics and traffic controls remain in place. Figure 7 illustrates the Near Term plus Project turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Near Term plus Project Traffic Conditions scenario are provided in Appendix H. Table XII presents a summary of the Near Term plus Project peak hour LOS at the study intersection. Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Table VIII: Near Term plus Project Intersection LOS Results ID Intersection Intersection Control PM (4-6) Peak Hour Average Delay (sec/veh) LOS 1 Winery Avenue / Butler Avenue Signalized 12.2 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls LOS for two-way and one-way STOP controlled intersections are based on the worst approach/movement of the minor street. PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Near Term Projects' Trip Assignment Figure 6 LEGEND N Not To Scale 004-108 - 03/11/20 - CS/MM/JG(3)Butler AveWinery AveButler Ave Winery Ave &1. (43) (70) = STUDY INTERSECTION# = PROJECT LOCATION = PM NEAR TERM TRIPS(XX) = TRAFFIC SIGNAL 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVE#= NEAR TERM PROJECT LOCATION A B C D E F G I P L M N O K J H PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Near Term plus Project - Traffic Volumes, Geometrics and Controls Figure 7 004-108 - 03/11/20 - CS/MM/JG(209)(29)(85)(35)Butler AveWinery AveButler Ave Winery Ave &1.(30)(61)(71) (266) (7) (31) (348) (162) 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVELEGEND N Not To Scale = STUDY INTERSECTION# = PROJECT LOCATION = PM PEAK HOUR TRIPS(XX) = TRAFFIC SIGNAL www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 26 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Cumulative Year 2035 plus Project Traffic Conditions Results of Cumulative Year 2035 plus Project Level of Service Analysis The Cumulative Year 2035 plus Project Traffic Conditions scenario assumes that the existing roadway geometrics and traffic controls remain in place. Figure 8 illustrates the Cumulative Year 2035 plus Project turning movement volumes, intersection geometrics and traffic controls. LOS worksheets for the Cumulative Year 2035 plus Project Traffic Conditions scenario are provided in Appendix I. Table IX presents a summary of the Cumulative Year 2035 plus Project peak hour LOS at the study intersections. Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Table IX: Cumulative Year 2035 plus Project Intersection LOS Results ID Intersection Intersection Control PM (4-6) Peak Hour Average Delay (sec/veh) LOS 1 Winery Avenue / Butler Avenue Signalized 14.0 B Note: LOS = Level of Service based on average delay on signalized intersections and All-Way STOP Controls. LOS for two-way STOP controlled intersections are based on the worst approach/movement of the minor street. PHONE:(559) 570-8991, EMAIL: info@JLBtraffic.com, www.JLBtraffic.com 516 W. Shaw Ave., Ste. 103, Fresno, CA 93704 Fresno Pacific University Culture and Arts Center - City of Fresno Cumulative Year 2035 plus Project - Traffic Volumes, Geometrics and Controls Figure 8 004-108 - 03/11/20 - CS/MM/JG(293)(31)(112)(35)Butler AveWinery AveButler Ave Winery Ave &1.(30)(61)(93) (290) (7) (32) (348) (190) 1 CHESTNUT AVEWINERY AVEWILLOW AVEHEATON AVEGARDEN AVETOWNSEND AVE HAMILTON AVE BUTLER AVECHESTNUT AVEWINERY AVELANE AVE WILLOW AVELEGEND N Not To Scale = STUDY INTERSECTION# = PROJECT LOCATION = PM PEAK HOUR TRIPS(XX) = TRAFFIC SIGNAL www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 28 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Queuing Analysis Table X provides a queue length summary for left-turn and right-turn lanes at the study intersections under all study scenarios. The queuing analyses for the study intersections are contained in the LOS worksheets for the respective scenarios. Appendix D contains the methodologies used to evaluate these intersections. Queuing analyses were completed using Sim Traffic output information. Synchro provides both 50th and 95th percentile maximum queue lengths (in feet). According to the Synchro manual, “the 50th percentile maximum queue is the maximum back of queue on a typical cycle and the 95th percentile queue is the maximum back of queue with 95th percentile volumes.” The queues shown on Table X are the 95th percentile queue lengths for the respective lane movements. The Highway Design Manual (HDM) provides guidance for determining deceleration lengths for the left- turn and right-turn lanes based on design speeds. Per the HDM criteria, “tapers for right-turn lanes are usually un-necessary since the main line traffic need not be shifted laterally to provide space for the right- turn lane. If, in some rare instances, a lateral shift were needed, the approach taper would use the same formula as for a left-turn lane.” Therefore, a bay taper length pursuant to the Caltrans HDM would need to be added, as necessary, to the recommended storage lengths presented in Table X. The storage capacity for the Cumulative Year 2035 scenario shall be based on the SimTraffic output files and engineering judgement. The values in bold presented in Table X are the projected queue lengths that will likely need to be accommodated by the Cumulative Year 2035 scenario. While the City of Fresno does not have minimum storage length requirements for left-turn and right-turn lanes on major streets, it does prefer that these be set at 200 feet for left-turns and 75 feet for right-turns. At the remaining approaches, the greater of the existing storage capacity or the 200 feet left-turn lanes and 75 feet right-turn lanes will be sufficient to accommodate the maximum queue. Table X: Queuing Analysis ID Intersection Existing Queue Storage Length (ft.) Existing Existing plus Project Near Term plus Project Cumulative Year 2035 plus Project PM PM PM PM 1 Winery Avenue / Butler Avenue EB Left 105 100 114 122 132 EB Thru-Right >500 131 143 151 164 WB Left 100 23 18 26 22 WB Thru-Right >500 105 125 126 151 NB Left 100 66 62 67 79 NB Thru-Right >500 56 73 86 67 SB Left 100 100 73 87 111 SB Thru-Right >500 110 111 95 147 Note: * = Does not exist or is not projected to exist www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 29 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Conclusions and Recommendations Conclusions and recommendations regarding the proposed Project are presented below. Existing Traffic Conditions • JLB conducted a search of the Statewide Integrated Traffic Records System (SWITRS) to review collision reports for the most recent five-year period (January 1, 2015 to December 31, 2019). In the five-year period, a total of 3 collisions were reported within the influence zone of the existing study intersection. • JLB analyzed the data contained within the SWITRS database for the five-year analysis period, but was unable to reach a conclusion that would justify the modification of lane geometrics or traffic controls at the existing study intersection. As a result, the number of correctable collisions experienced at the study intersection are considered less than significant. • At present, the intersection of Winery Avenue and Butler Avenue operates at an acceptable LOS during the PM peak period. Existing plus Project Traffic Conditions • JLB analyzed the location of the proposed access points relative to the existing local roads and driveways in the Project’s vicinity. A review of the Project access point to be constructed indicates that it is located at a point that minimizes traffic operational impacts to the existing roadway network. • In order to help improve traffic safety and operation at the exit only access, it is recommended that two (2) 12" x 18" "EXIT ONLY, DO NOT ENTER" signs be installed to prevent traffic from entering the Project site in the wrong direction of travel. The signs shall be installed on each side of the driveway with one located on the west side of the driveway facing southeast and one on the east side of the driveway facing southwest. It is also recommended that a Type 1 arrow be added approximately five (5) feet behind the back of the driveway and be repainted once it starts to fade. • It is recommended that the Project retain the Class II Bike Lane along its frontage to Butler Avenue. • It is recommended that the Project retain walkways that are ADA compliant along its frontage to Butler Avenue. • At buildout, the proposed Project is estimated to generate a maximum of 296 daily trips and 132 PM peak hour trips. • Based on the Fresno COG model run, the Project is anticipated to generate an average of 6.20 VMT per trip. • Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 30 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Near Term plus Project Traffic Conditions • The total trip generation for the Near Term Projects is 51,510 daily trips and 5,077 PM peak hour trips. • Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Cumulative Year 2035 plus Project Traffic Conditions • Under this scenario, the intersection of Winery Avenue and Butler Avenue is projected to operate at an acceptable LOS during the PM peak period. Queuing Analysis • It is recommended that the City consider left-turn and right-turn lane storage lengths as indicated in the Queuing Analysis. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 31 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 Study Participants JLB Traffic Engineering, Inc. Personnel: Jose Luis Benavides, PE, TE Project Manager Susana Maciel, EIT Project Engineer Matthew Arndt, EIT Engineer I/II Jove Alcazar, EIT Engineer I/II Javier Rios Engineer I/II Jesus Garcia Engineer I/II Carlos Ayala-Magana Engineer I/II Dennis Wynn Sr. Engineering Technician Adrian Benavides Engineering Aide Justin Barnett Engineering Aide Michael McConnell Engineering Aide Christian Sanchez Engineering Aide Persons Consulted: Robert Lippert Fresno Pacific University Peter Lau Paul Halajian Architects Dirk Poeschel Land Development Services, Inc. Harmanjit Dhaliwal City of Fresno Brian Spaunhurst County of Fresno David Padilla Caltrans Kai Han Fresno COG Lang Yu Fresno COG www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 32 (559) 570-8991 Fresno Pacific University Culture and Arts Center - City of Fresno Traffic Impact Analysis March 19, 2020 References 1. City of Fresno, 2035 General Plan. 2. County of Fresno, 2000 General Plan. 3. Guide for the Preparation of Traffic Impact Studies, Caltrans, dated December 2002. 4. Trip Generation, 10th Edition, Washington D.C., Institute of Transportation Engineers, 2017. 5. 2014 California Manual on Uniform Traffic Control Devices, Caltrans, November 7, 2014. 6. City of Fresno, Active Transportation Plan, December 2016, adopted March 2, 2017. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | A (559) 570-8991 Appendix A: Scope of Work THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 January 9, 2020 Jill Gormley Traffic Engineer City of Fresno 2600 Fresno Street Fresno, CA 93721-3616 Via Email Only: Jill.Gormley@fresno.gov Subject: Draft Scope of Work for the Preparation of a Traffic Impact Analysis in Support of the Fresno Pacific University Culture and Arts Center Project Located on the southeast quadrant of Chestnut Avenue and Butler Avenue in the City of Fresno (JLB Project 004-108) Dear Mrs. Gormley, JLB Traffic Engineering, Inc. (JLB) hereby submits this Draft Scope of Work for the preparation of a Traffic Impact Analysis (TIA) for the Fresno Pacific University Culture and Arts Center (Project) located on the southeast quadrant of Chestnut Avenue and Butler Avenue in the City of Fresno. The Project proposes to construct a 25,300 square-foot Culture and Arts Center with a 400-seat auditorium where several existing residential units will be removed. Based on information provided by the developer, the Project will namely serve as a venue for events that service students who may already be on campus. However, the Project will also serve as a venue for non-school related events that may take place on a Thursday, Friday and/or Saturday evening. Per information provided to JLB, the Project is consistent with the City of Fresno 2035 General Plan. An aerial of the Project vicinity and Project Site Plan are shown in Exhibit A and Exhibit B, respectively. The purpose of the TIA is to evaluate the potential on-site and off-site traffic impacts, identify short- term roadway and circulation needs, determine potential mitigation measures and identify any critical traffic issues that should be addressed in the on-going planning process. To evaluate the on-site and off- site traffic impacts of the proposed Project, JLB proposes the following Scope of Work. Scope of Work • Request a Fresno Council of Governments (Fresno COG) traffic forecast model run for the project (Select Zone Analysis) which will include the project and the streets to be analyzed. The Fresno COG traffic forecasting model will be used to forecast traffic volumes for the Base Year 2019 and Cumulative Year 2035 scenarios. • JLB will, as necessary, obtain recent (less than 12 months) or schedule and conduct new traffic counts at the study facilities. These counts will include pedestrians and vehicles. These counts will be conducted on typical school schedule and non-inclement weather days as soon as possible. These counts will not take place during weeks with holidays, non-school days, roadway construction, etc. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Mrs. Gormley Fresno Pacific University Culture and Arts Center - Draft Scope of Work January 9, 2020 • JLB will perform a site visit to observe existing traffic conditions, especially during the PM peak hours. Existing roadway conditions including intersection geometrics and traffic controls will be verified. • JLB will evaluate onsite circulation and provide recommendations as necessary to improve circulation to and within the Project site. Particular attention will be paid to conflicting traffic movements, location of local roadways to major streets, and onsite vehicular ingress and egress routes. • JLB will conduct an evaluation of the existing and planned circulation network to include, the study intersections, roadway segments, and those facilities agreed upon. • JLB will prepare CA MUTCD Warrant 3 “Peak Hour” for unsignalized study intersections under all study scenarios. • JLB will qualitatively analyze existing and planned transit routes in the vicinity of the Project. • JLB will qualitatively analyze existing and planned bikeways in the vicinity of the Project. • JLB will qualitatively analyze existing and planned walkways in the vicinity of the Project. • JLB will forecast trip distribution based on turn count information and knowledge of the existing and planned circulation network in the vicinity of the Project. • JLB will evaluate existing and forecasted levels of service (LOS) at the study intersection(s). JLB will use HCM 6th or HCM 2000 methodologies (as appropriate) within Synchro to perform this analysis for the PM peak hour. JLB will identify the causes of poor LOS. • JLB will prepare a five-year collision analysis based on the Statewide Integrated Traffic Reporting System (SWITRS) database for all existing study facilities. • JLB will qualitatively analyze Vehicle Miles Traveled (VMT). Study Scenarios: 1. Existing Traffic Conditions with needed improvements (if any); 2. Existing plus Project Traffic Conditions with proposed mitigation measures (if any); 3. Near Term plus Project, plus Approved and Pending Developments Traffic Conditions with proposed mitigation measures (if any); and 4. Cumulative Year 2035 plus Project Traffic Conditions with proposed mitigation measures (if any). Weekday peak hours to be analyzed (Tuesday through Thursday only): 1. 4 - 6 PM peak hour Study Intersections: 1. Winery Avenue / Butler Avenue Queuing analysis is included in the proposed Scope of Work for the study intersection(s) listed above under all study scenarios. This analysis will be utilized to recommend minimum storage lengths for left- turn and right-turn lanes at all study intersections. Study Segments: 1. None Project Only Trip Assignment to State Facilities: 1. None www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Mrs. Gormley Fresno Pacific University Culture and Arts Center - Draft Scope of Work January 9, 2020 Access to the Project Access to and from the Project site is proposed from a total of three (3) existing access points. Two (2) existing access points are located along the south side of Butler Avenue approximately 200 feet and 625 feet east of Chestnut Avenue and allow full access to Butler Avenue. One (1) existing access point is located on along the north side of Townsend Avenue and is also a full access. Additional Project details are found on Exhibit B. Project Trip Generation Trip generation rates for the proposed Project were obtained from the Transportation Study for the Ford Theaters Project prepared by Gibson Transportation Consulting, Inc. dated June 2014. The Study presents a PM peak hour trip generation rate of 0.33 with an 85/15 inbound and outbound split. The Daily rate was derived based on information provided by the District that the Project would serve as a venue for up to two (2) events during a day. Table I presents the trip generation for the proposed Project with trip generation rates for a Performing Arts Center. At buildout, the proposed Project is estimated to generate a maximum of 296 daily trips, 0 AM peak hour trips and 132 PM peak hour driveway trips. Table I: Project Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Culture and Arts Center 400 seats 0.74** 296 0.00 50 50 0 0 0 0.33* 85* 15* 112 20 132 Total Driveway Trips 296 0 0 0 112 20 132 Note: * = Trip Generation rate and inbound and outbound split based on the Transportation Study for the Ford Theaters Project prepared by Gibson Transportation Consulting, Inc. dated June 2014 ** = Trip Generation rate based on information provided by the Developer. Near Term Projects to be Included Based on our local knowledge of the study area and consultation with City of Fresno Planning & Development staff, JLB proposes to include near term projects in the vicinity of the proposed Project under the Near Term plus Project scenario. The near term projects proposed to be included in the Near Term scenario are: Project Name General Location 1. TT 5171 (portion of) SWQ Clovis Avenue and Church Avenue 2. TT 5464 SWC Temperance Avenue and Hamilton Avenue 3. TT 5466 NEC Minnewawa Avenue and Church Avenue 4. TT 5498 NEC Peach Avenue and Church Avenue 5. TT 5531 SWC Temperance Avenue and California Avenue 6. TT 5626 SEC Fowler Avenue and Hamilton Avenue 7. TT 5638 NWQ Armstrong Avenue and Church Avenue 8. TT 5913 NEC Armstrong Avenue and California Avenue 9. TT 5953 NEC Armstrong Avenue and Butler Avenue 10. TT 6095 NEQ Armstrong Avenue and Church Avenue www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Mrs. Gormley Fresno Pacific University Culture and Arts Center - Draft Scope of Work January 9, 2020 11. Sanger Unified School District NEC Fowler Avenue and Jensen Avenue 12. Fresno Unified School District SWC Peach Avenue and Church Avenue 13. 4780 S Maple Avenue Rezone NEC Maple Avenue and American Avenue 14. 2778 S Willow Avenue Rezone (portion of) NWC Willow Avenue and Annadale Avenue 15. G3 Development (Ulta) (portion of) NWQ East Avenue and Central Avenue 16. TPM 2012-06 (Amazon) (portion of) NWQ Orange Avenue and Central Avenue 17. Orange Industrial Park NEQ Orange Avenue and Central Avenue 18. North Pointe (portion of) SWC Orange Avenue and North Avenue 19. Commercial Development NEC Orange Avenue and North Avenue 20. RP East Industrial NEQ East Avenue and Central Avenue Other Near Term Projects the City, County or Caltrans has knowledge and for which it is anticipated that said project(s) is/are projected to be whole or partially built by the Near Term Project Year 2025. City, County and Caltrans as appropriate would provide JLB with project details such as a project description, location, proposed land uses with breakdowns and type of residential units and amount of square footages for non-residential uses. The Scope of Work is based on our understanding of this Project and our experience with similar TIAs. In the absence of comments by January 30, 2020 it will be assumed that the Scope of Work is acceptable to the agency(ies) that have not submitted any comments. If you have any questions or require additional information, please contact me by phone at (559) 664-3159 or by email at jgarcia@JLBtraffic.com. Sincerely, Jesus Garcia Engineer I/II cc: Harmanjit Dhaliwal, City of Fresno Brian Spaunhurst, County of Fresno David Padilla, Caltrans Susana Maciel, JLB Traffic Engineering, Inc. Z:\01 Projects\004 Fresno\004-108 Fresno Pacific TIA\Draft Scope of Work\L01092020 Draft Scope of Work (004-108).docx www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Mrs. Gormley Fresno Pacific University Culture and Arts Center - Draft Scope of Work January 9, 2020 Exhibit A – Project Site Aerial www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 6 (559) 570-8991 Mrs. Gormley Fresno Pacific University Culture and Arts Center - Draft Scope of Work January 9, 2020 Exhibit B – Project Site Plan 1 Jesus Garcia From:Padilla, Dave@DOT <dave.padilla@dot.ca.gov> Sent:Friday, January 24, 2020 3:26 PM To:Jesus Garcia; Jill.Gormley@fresno.gov Cc:Harmanjit Dhaliwal; bspaunhurst@fresnocountyca.gov; Susana Maciel Subject:RE: Fresno Pacific University Culture and Arts Center TIA: Draft Scope of Work Hello Jesus,    We have no concerns with the proposed SOW.     Thank you,    DAVID PADILLA Associate Transportation Planner Caltrans Office of Planning & Local Assistance 1352 W. Olive Avenue Fresno, CA 93778-2616 Office: (559) 444-2493, Fax: (559) 445-5875    From: Jesus Garcia <jgarcia@jlbtraffic.com>   Sent: Monday, November 18, 2019 5:35 PM  To: Jill.Gormley@fresno.gov  Cc: Harmanjit Dhaliwal <Harmanjit.Dhaliwal@fresno.gov>; bspaunhurst@fresnocountyca.gov; Padilla, Dave@DOT  <dave.padilla@dot.ca.gov>; Susana Maciel <smaciel@jlbtraffic.com>  Subject: Fresno Pacific University Culture and Arts Center TIA: Draft Scope of Work    Good evening Mrs. Gormley,    Attached you will find a Draft Scope of Work for the preparation of a Traffic Impact Analysis for a Project in the City of  Fresno.    We kindly ask that you take a moment to review and comment on the proposed Scope of Work. In the absence of  comments by December 9, 2019, it will be assumed that the proposed Scope of Work is acceptable to the agency(ies)  that have not submitted any comments.    If you have any questions or require additional information, please contact me by phone at 559.664.3159 or by e‐mail at  jgarcia@JLBtraffic.com. We appreciate your time and attention to this matter.    Sincerely,  Jesus Garcia  Engineering Aide  1 Susana Maciel From:Harmanjit Dhaliwal <Harmanjit.Dhaliwal@fresno.gov> Sent:Tuesday, February 04, 2020 1:49 PM To:Susana Maciel; bspaunhurst@fresnocountyca.gov Cc:david.padilla@dot.ca.gov; Jesus Garcia; Jose Benavides; Jill Gormley; Sufia Samaan Subject:RE: FPU Culture and Arts Center TIA: Draft Scope of Work Good Afternoon Susana,    We do not have any additional comments on the Scope of Work.  The request for the trip trace from the access points  was intended to be shown on the TIS diagram when the study is submitted.    Thanks,    Harman      Public Works Department  Traffic Operations & Planning Division  2600 Fresno Street, Room 4064  Fresno, CA  93721  Ph: (559) 621‐8694  Harmanjit.Dhaliwal@fresno.gov      From: Susana Maciel [mailto:smaciel@jlbtraffic.com] Sent: Thursday, January 30, 2020 9:51 AM To: Harmanjit Dhaliwal; bspaunhurst@fresnocountyca.gov Cc: david.padilla@dot.ca.gov; Jesus Garcia; Jose Benavides; Jill Gormley; Sufia Samaan Subject: RE: FPU Culture and Arts Center TIA: Draft Scope of Work External Email: Use caution with links and attachments Good afternoon, As requested by the City and County of Fresno, attached is a PDF copy of the Fresno COG Project Select Zone model plot. The Project trips anticipated at the Project’s proposed access points are presented in the “Project Trips at Access Points” pdf, also attached. Lastly, a copy of the Project Site Plan is attached to aide in your review. Please feel welcome to contact me if I can provide you with any additional information. Best,    Susana Maciel  2   Traffic Engineering, Transportation Planning and Parking Solutions  Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE)  From: Harmanjit Dhaliwal <Harmanjit.Dhaliwal@fresno.gov>   Sent: Wednesday, January 29, 2020 8:16 AM  To: Susana Maciel <smaciel@jlbtraffic.com>  Cc: bspaunhurst@fresnocountyca.gov; david.padilla@dot.ca.gov; Jesus Garcia <jgarcia@jlbtraffic.com>; Jose Benavides  <jbenavides@jlbtraffic.com>; Jill Gormley <Jill.Gormley@fresno.gov>; Sufia Samaan <Sufia.Samaan@fresno.gov>  Subject: RE: FPU Culture and Arts Center TIA: Draft Scope of Work  Good Morning Susana,    The City has reviewed the proposed Draft Scope of Work and will require a trip trace for all of the access points to the  project.    Thanks,    Harmanjit Dhaliwal, PE      Public Works Department  Traffic Operations & Planning Division  2600 Fresno Street, Room 4064  Fresno, CA  93721  Ph: (559) 621‐8694  Harmanjit.Dhaliwal@fresno.gov    Effective January 2, 2020, new security measures have been implemented at City Hall to include security screening for all visitors. For additional information please see the following link:   https://www.fresno.gov/news/city‐announces‐new‐security‐measures‐at‐city‐hall/     From: Harmanjit Dhaliwal [mailto:harmanjitdhaliwal@gmail.com] Sent: Wednesday, January 29, 2020 8:12 AM To: Harmanjit Dhaliwal Subject: Fwd: FPU Culture and Arts Center TIA: Draft Scope of Work External Email: Use caution with links and attachments ---------- Forwarded message ---------- From: Susana Maciel <smaciel@jlbtraffic.com> Date: Jan 9, 2020, 2:37 PM -0800 3 To: Jill Gormley <Jill.Gormley@fresno.gov> Cc: Harmanjit Dhaliwal <harmanjitdhaliwal@gmail.com>, Spaunhurst, Brian (bspaunhurst@fresnocountyca.gov) <bspaunhurst@fresnocountyca.gov>, david.padilla@dot.ca.gov <david.padilla@dot.ca.gov>, Jesus Garcia <jgarcia@jlbtraffic.com>, Jose Benavides <jbenavides@jlbtraffic.com> Subject: FPU Culture and Arts Center TIA: Draft Scope of Work Good afternoon, Mrs. Gormley, JLB has prepared a Draft Scope of Work for the preparation of a Traffic Impact Analysis for the Fresno Pacific University Culture and Arts Center Project located in the City of Fresno. I kindly ask that you and other responsible agencies take some time to review the letter attached to this email and provide any comments by January 30, 2020. If you have no comments, please let me know as well. If you have any questions or require any additional information, please feel welcome to contact me by phone at 559.317.6273 or by email at smaciel@jlbtraffic.com. I sincerely appreciate your time and attention to this matter and look forward to hearing from you soon. Best, Susana Maciel Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Direct: (559) 317-6273 1 Susana Maciel From:Spaunhurst, Brian <bspaunhurst@fresnocountyca.gov> Sent:Monday, January 27, 2020 11:53 AM To:Susana Maciel Cc:Hensley, Gloria; Nakagawa, Wendy Subject:RE: FPU Culture and Arts Center TIA: Draft Scope of Work Good Morning Susie,    County Transportation Planning has reviewed the DSOW and we have the following comments:     Please provide an updated DSOW that includes:  o Trip Distribution Percentages (map)  o Addition of  “Near Term No Project” Study Scenario  o Addition of “Cumulative No Project” Study Scenario    County Roads Maintenance and Operations may have additional comments to provide. In order to limit requested  revisions, please defer your DSOW resubmittal until confirmation is received from County RMO.    Respectfully,        Brian Spaunhurst| Senior Planner  Department of Public Works and Planning | Design Division  2220 Tulare St. 7th Floor Fresno, CA 93721  Main Office: (559) 600‐4109 Direct: (559) 600‐4532  Your input matters! Customer Service Survey      From: Susana Maciel <smaciel@jlbtraffic.com>   Sent: Thursday, January 9, 2020 2:52 PM  To: Jill Gormley <Jill.Gormley@fresno.gov>  Cc: Harmanjit Dhaliwal <harmanjitdhaliwal@gmail.com>; Spaunhurst, Brian <bspaunhurst@fresnocountyca.gov>;  david.padilla@dot.ca.gov; Jesus Garcia <jgarcia@jlbtraffic.com>; Jose Benavides <jbenavides@jlbtraffic.com>  Subject: RE: FPU Culture and Arts Center TIA: Draft Scope of Work    CAUTION!!! ‐ EXTERNAL EMAIL ‐ THINK BEFORE YOU CLICK   All, Please disregard the previously attached Draft Scope of Work and review this one instead. My apologies. Best,    Susana Maciel  2   Traffic Engineering, Transportation Planning and Parking Solutions  Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE)  From: Susana Maciel   Sent: Thursday, January 09, 2020 2:37 PM  To: Jill Gormley <Jill.Gormley@fresno.gov>  Cc: Harmanjit Dhaliwal <harmanjitdhaliwal@gmail.com>; Spaunhurst, Brian (bspaunhurst@fresnocountyca.gov)  <bspaunhurst@fresnocountyca.gov>; david.padilla@dot.ca.gov; Jesus Garcia <jgarcia@jlbtraffic.com>; Jose Benavides  (jbenavides@jlbtraffic.com) <jbenavides@jlbtraffic.com>  Subject: FPU Culture and Arts Center TIA: Draft Scope of Work    Good afternoon, Mrs. Gormley, JLB has prepared a Draft Scope of Work for the preparation of a Traffic Impact Analysis for the Fresno Pacific University Culture and Arts Center Project located in the City of Fresno. I kindly ask that you and other responsible agencies take some time to review the letter attached to this email and provide any comments by January 30, 2020. If you have no comments, please let me know as well. If you have any questions or require any additional information, please feel welcome to contact me by phone at 559.317.6273 or by email at smaciel@jlbtraffic.com. I sincerely appreciate your time and attention to this matter and look forward to hearing from you soon. Best,    Susana Maciel    Traffic Engineering, Transportation Planning and Parking Solutions  Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE)    516 W. Shaw Ave., Ste. 103  Fresno, CA 93704  Direct: (559) 317‐6273  Office: (559) 570‐8991  Cell: (559) 232‐9474  www.JLBtraffic.com     1 Susana Maciel From:Spaunhurst, Brian <bspaunhurst@fresnocountyca.gov> Sent:Friday, January 31, 2020 1:22 PM To:Susana Maciel; Harmanjit Dhaliwal Cc:david.padilla@dot.ca.gov; Jesus Garcia; Jose Benavides; Jill Gormley; Sufia Samaan; Hensley, Gloria Subject:RE: FPU Culture and Arts Center TIA: Draft Scope of Work Good Afternoon Susie,    Thank you for providing the follow up information. Upon reviewing the information the County would recommend for a  Traffic Management Plan to accompany this project, however this recommendation is deferred to the City as it would  need to be reviewed and approved by them. No additional comments from the County for this project. Please forward a  digital copy of the TIS when it is ready.    Respectfully,      Brian Spaunhurst| Senior Planner  Department of Public Works and Planning | Design Division  2220 Tulare St. 7th Floor Fresno, CA 93721  Main Office: (559) 600‐4109 Direct: (559) 600‐4532  Your input matters! Customer Service Survey      From: Susana Maciel <smaciel@jlbtraffic.com>   Sent: Thursday, January 30, 2020 9:51 AM  To: Harmanjit Dhaliwal <Harmanjit.Dhaliwal@fresno.gov>; Spaunhurst, Brian <bspaunhurst@fresnocountyca.gov>  Cc: david.padilla@dot.ca.gov; Jesus Garcia <jgarcia@jlbtraffic.com>; Jose Benavides <jbenavides@jlbtraffic.com>; Jill  Gormley <Jill.Gormley@fresno.gov>; Sufia Samaan <Sufia.Samaan@fresno.gov>  Subject: RE: FPU Culture and Arts Center TIA: Draft Scope of Work  CAUTION!!! ‐ EXTERNAL EMAIL ‐ THINK BEFORE YOU CLICK   Good afternoon, As requested by the City and County of Fresno, attached is a PDF copy of the Fresno COG Project Select Zone model plot. The Project trips anticipated at the Project’s proposed access points are presented in the “Project Trips at Access Points” pdf, also attached. Lastly, a copy of the Project Site Plan is attached to aide in your review. Please feel welcome to contact me if I can provide you with any additional information. Best,    Susana Maciel  2   Traffic Engineering, Transportation Planning and Parking Solutions  Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE)  From: Harmanjit Dhaliwal <Harmanjit.Dhaliwal@fresno.gov>   Sent: Wednesday, January 29, 2020 8:16 AM  To: Susana Maciel <smaciel@jlbtraffic.com>  Cc: bspaunhurst@fresnocountyca.gov; david.padilla@dot.ca.gov; Jesus Garcia <jgarcia@jlbtraffic.com>; Jose Benavides  <jbenavides@jlbtraffic.com>; Jill Gormley <Jill.Gormley@fresno.gov>; Sufia Samaan <Sufia.Samaan@fresno.gov>  Subject: RE: FPU Culture and Arts Center TIA: Draft Scope of Work  Good Morning Susana,    The City has reviewed the proposed Draft Scope of Work and will require a trip trace for all of the access points to the  project.    Thanks,    Harmanjit Dhaliwal, PE      Public Works Department  Traffic Operations & Planning Division  2600 Fresno Street, Room 4064  Fresno, CA  93721  Ph: (559) 621‐8694  Harmanjit.Dhaliwal@fresno.gov    Effective January 2, 2020, new security measures have been implemented at City Hall to include security screening for all visitors. For additional information please see the following link:   https://www.fresno.gov/news/city‐announces‐new‐security‐measures‐at‐city‐hall/     From: Harmanjit Dhaliwal [mailto:harmanjitdhaliwal@gmail.com] Sent: Wednesday, January 29, 2020 8:12 AM To: Harmanjit Dhaliwal Subject: Fwd: FPU Culture and Arts Center TIA: Draft Scope of Work External Email: Use caution with links and attachments   ---------- Forwarded message ---------- From: Susana Maciel <smaciel@jlbtraffic.com> Date: Jan 9, 2020, 2:37 PM -0800 3 To: Jill Gormley <Jill.Gormley@fresno.gov> Cc: Harmanjit Dhaliwal <harmanjitdhaliwal@gmail.com>, Spaunhurst, Brian (bspaunhurst@fresnocountyca.gov) <bspaunhurst@fresnocountyca.gov>, david.padilla@dot.ca.gov <david.padilla@dot.ca.gov>, Jesus Garcia <jgarcia@jlbtraffic.com>, Jose Benavides <jbenavides@jlbtraffic.com> Subject: FPU Culture and Arts Center TIA: Draft Scope of Work Good afternoon, Mrs. Gormley, JLB has prepared a Draft Scope of Work for the preparation of a Traffic Impact Analysis for the Fresno Pacific University Culture and Arts Center Project located in the City of Fresno. I kindly ask that you and other responsible agencies take some time to review the letter attached to this email and provide any comments by January 30, 2020. If you have no comments, please let me know as well. If you have any questions or require any additional information, please feel welcome to contact me by phone at 559.317.6273 or by email at smaciel@jlbtraffic.com. I sincerely appreciate your time and attention to this matter and look forward to hearing from you soon. Best, Susana Maciel Traffic Engineering, Transportation Planning and Parking Solutions Certified Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Direct: (559) 317-6273 1 Susana Maciel From:Spaunhurst, Brian <bspaunhurst@fresnocountyca.gov> Sent:Wednesday, February 05, 2020 7:34 AM To:Dirk Poeschel Cc:Susana Maciel; Jose Benavides Subject:RE: Update: FPU Culture and Arts Center TIA Good Morning Dirk,    I appreciate the breakdown and I understand the logic here.    Jose and Susie, please disregard my comment pertaining to “No Project” alternatives.    In addition, I believe this is the same logic that would apply to the Reedley project that Susie was trying to explain to me.  I will send a follow up e‐mail in that thread so that project comments aren’t crossed.    Respectfully,      Brian Spaunhurst| Senior Planner  Department of Public Works and Planning | Design Division  2220 Tulare St. 7th Floor Fresno, CA 93721  Main Office: (559) 600‐4109 Direct: (559) 600‐4532  Your input matters! Customer Service Survey      From: Dirk Poeschel <dirk@dplds.com>   Sent: Tuesday, February 4, 2020 4:01 PM  To: Spaunhurst, Brian <bspaunhurst@fresnocountyca.gov>  Cc: Susana Maciel <smaciel@jlbtraffic.com>; Jose Benavides <jbenavides@jlbtraffic.com>  Subject: FW: Update: FPU Culture and Arts Center TIA    CAUTION!!! ‐ EXTERNAL EMAIL ‐ THINK BEFORE YOU CLICK   Brain I am working with Fresno Pacific University on their cultural event center that prompted your comment that the university’s traffic engineer study various “No Project” alternatives. The project is consistent with the adopted City of Fresno 2035 General Plan. The City does not require/utilize “No Project” scenarios when a project is consistent with the City of Fresno 2035 General Plan. Also, the City of Fresno approved the Scope of Work as proposed by Jose Benavides/JLB. From a CEQA perspective, the “No Project” analysis is already known because the traffic was assumed and calculated in the regional model to occur as part of the general plan adoption and related plan EIR certification. In other words, whatever the traffic volumes exist on adjacent streets would remain the same. Therefore, the project does not cause or generate new traffic not assumed to occur with general plan and its EIR that has the potential to change the environment. 2 All applicable traffic mitigation fees will be paid by the University. Please reconsider the requirement for the “No Project” analysis. Thank you in advance for your consideration. Dirk Poeschel, AICP Land Development Services, Inc. 923 Van Ness Ave., Suite 200 Fresno, Ca. 93721 Ph- 559-445-0374 CalBRE No. 01882606    THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | B (559) 570-8991 Appendix B: Traffic Counts THIS PAGE INTENTIONALLY LEFT BLANK. File Name : Winery and Butler Site Code : 00000000 Start Date : 10/24/2019 Page No : 1 Groups Printed- Unshifted WINERY Southbound BUTLER Westbound WINERY Northbound BUTLER Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 07:00 AM 7 2 11 3 2 41 7 1 2 4 1 2 10 28 3 1 125 07:15 AM 8 5 3 2 7 62 17 0 4 3 1 6 6 46 5 1 176 07:30 AM 21 6 9 0 2 116 27 0 3 5 1 4 17 63 4 2 280 07:45 AM 21 6 33 1 3 118 38 0 3 3 1 0 27 86 13 1 354 Total 57 19 56 6 14 337 89 1 12 15 4 12 60 223 25 5 935 08:00 AM 17 3 28 2 6 74 33 2 2 2 3 0 29 33 10 0 244 08:15 AM 6 3 21 2 3 48 16 1 3 2 0 0 20 24 8 0 157 08:30 AM 7 7 21 1 4 36 17 0 5 2 0 0 14 28 14 0 156 08:45 AM 5 5 16 0 11 43 18 0 6 1 3 1 14 27 13 0 163 Total 35 18 86 5 24 201 84 3 16 7 6 1 77 112 45 0 720 ****** 04:00 PM 16 11 42 2 2 50 13 0 15 5 7 0 29 55 10 0 257 04:15 PM 7 8 33 1 2 40 19 0 7 5 4 1 43 59 7 1 237 04:30 PM 16 7 36 1 3 57 19 2 9 3 9 1 28 55 4 0 250 04:45 PM 21 7 47 1 0 58 14 0 7 6 6 1 36 61 9 0 274 Total 60 33 158 5 7 205 65 2 38 19 26 3 136 230 30 1 1018 05:00 PM 19 6 47 2 4 48 13 0 26 7 14 4 44 72 6 0 312 05:15 PM 24 9 45 5 1 51 24 0 8 8 9 1 46 85 9 0 325 05:30 PM 21 7 51 0 2 38 20 3 16 8 4 4 35 57 7 0 273 05:45 PM 18 2 53 3 4 59 18 1 12 5 3 1 39 32 2 0 252 Total 82 24 196 10 11 196 75 4 62 28 30 10 164 246 24 0 1162 Grand Total 234 94 496 26 56 939 313 10 128 69 66 26 437 811 124 6 3835 Apprch %27.5 11.1 58.4 3.1 4.2 71.2 23.7 0.8 44.3 23.9 22.8 9 31.7 58.9 9 0.4 Total %6.1 2.5 12.9 0.7 1.5 24.5 8.2 0.3 3.3 1.8 1.7 0.7 11.4 21.1 3.2 0.2 JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Traffic Engineering, Transportation Planning & Parking Solutions www.JLBtraffic.com File Name : Winery and Butler Site Code : 00000000 Start Date : 10/24/2019 Page No : 2 WINERY Southbound BUTLER Westbound WINERY Northbound BUTLER Eastbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 8 5 3 2 18 7 62 17 0 86 4 3 1 6 14 6 46 5 1 58 176 07:30 AM 21 6 9 0 36 2 116 27 0 145 3 5 1 4 13 17 63 4 2 86 280 07:45 AM 21 6 33 1 61 3 118 38 0 159 3 3 1 0 7 27 86 13 1 127 354 08:00 AM 17 3 28 2 50 6 74 33 2 115 2 2 3 0 7 29 33 10 0 72 244 Total Volume 67 20 73 5 165 18 370 115 2 505 12 13 6 10 41 79 228 32 4 343 1054 % App. Total 40.6 12.1 44.2 3 3.6 73.3 22.8 0.4 29.3 31.7 14.6 24.4 23 66.5 9.3 1.2 PHF .798 .833 .553 .625 .676 .643 .784 .757 .250 .794 .750 .650 .500 .417 .732 .681 .663 .615 .500 .675 .744 WINERY BUTLER BUTLER WINERY Right 73 Thru 20 Left 67 Peds 5 InOut Total 207 165 372 Right115 Thru370 Left18 Peds2 OutTotalIn301 505 806 Left 12 Thru 13 Right 6 Peds 10 Out TotalIn 70 41 111 Left79 Thru228 Right32 Peds4 TotalOutIn455 343 798 Peak Hour Begins at 07:15 AM Unshifted Peak Hour Data North JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Traffic Engineering, Transportation Planning & Parking Solutions www.JLBtraffic.com File Name : Winery and Butler Site Code : 00000000 Start Date : 10/24/2019 Page No : 3 WINERY Southbound BUTLER Westbound WINERY Northbound BUTLER Eastbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 21 7 47 1 76 0 58 14 0 72 7 6 6 1 20 36 61 9 0 106 274 05:00 PM 19 6 47 2 74 4 48 13 0 65 26 7 14 4 51 44 72 6 0 122 312 05:15 PM 24 9 45 5 83 1 51 24 0 76 8 8 9 1 26 46 85 9 0 140 325 05:30 PM 21 7 51 0 79 2 38 20 3 63 16 8 4 4 32 35 57 7 0 99 273 Total Volume 85 29 190 8 312 7 195 71 3 276 57 29 33 10 129 161 275 31 0 467 1184 % App. Total 27.2 9.3 60.9 2.6 2.5 70.7 25.7 1.1 44.2 22.5 25.6 7.8 34.5 58.9 6.6 0 PHF .885 .806 .931 .400 .940 .438 .841 .740 .250 .908 .548 .906 .589 .625 .632 .875 .809 .861 .000 .834 .911 WINERY BUTLER BUTLER WINERY Right 190 Thru 29 Left 85 Peds 8 InOut Total 261 312 573 Right71 Thru195 Left7 Peds3 OutTotalIn393 276 669 Left 57 Thru 29 Right 33 Peds 10 Out TotalIn 67 129 196 Left161 Thru275 Right31 Peds0 TotalOutIn442 467 909 Peak Hour Begins at 04:45 PM Unshifted Peak Hour Data North JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Traffic Engineering, Transportation Planning & Parking Solutions www.JLBtraffic.com File Name : Winery and Butler Site Code : 00000000 Start Date : 10/24/2019 Page No : 1 Groups Printed- Bank 1 - Bikes WINERY Southbound BUTLER Westbound WINERY Northbound BUTLER Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total ****** 07:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 2 ****** Total 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 2 ****** 08:15 AM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 ****** Total 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 ****** 04:00 PM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 ****** 04:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 2 04:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 Total 0 0 0 0 0 1 0 0 0 0 0 0 0 2 1 0 4 ****** 05:15 PM 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 05:30 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 1 0 0 3 05:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 Total 0 2 0 0 0 0 0 0 0 0 1 0 1 1 0 0 5 Grand Total 0 2 0 0 0 2 0 0 0 0 1 0 1 4 2 0 12 Apprch %0 100 0 0 0 100 0 0 0 0 100 0 14.3 57.1 28.6 0 Total %0 16.7 0 0 0 16.7 0 0 0 0 8.3 0 8.3 33.3 16.7 0 JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Traffic Engineering, Transportation Planning & Parking Solutions www.JLBtraffic.com File Name : Winery and Butler Site Code : 00000000 Start Date : 10/24/2019 Page No : 2 WINERY Southbound BUTLER Westbound WINERY Northbound BUTLER Eastbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:30 AM 07:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 2 2 07:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 08:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 08:15 AM 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 1 Total Volume 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 1 1 0 2 3 % App. Total 0 0 0 0 0 100 0 0 0 0 0 0 0 50 50 0 PHF .000 .000 .000 .000 .000 .000 .250 .000 .000 .250 .000 .000 .000 .000 .000 .000 .250 .250 .000 .250 .375 WINERY BUTLER BUTLER WINERY Right 0 Thru 0 Left 0 Peds 0 InOut Total 0 0 0 Right0 Thru1 Left0 Peds0 OutTotalIn1 1 2 Left 0 Thru 0 Right 0 Peds 0 Out TotalIn 1 0 1 Left0 Thru1 Right1 Peds0 TotalOutIn1 2 3 Peak Hour Begins at 07:30 AM Bank 1 Peak Hour Data North JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Traffic Engineering, Transportation Planning & Parking Solutions www.JLBtraffic.com File Name : Winery and Butler Site Code : 00000000 Start Date : 10/24/2019 Page No : 3 WINERY Southbound BUTLER Westbound WINERY Northbound BUTLER Eastbound Start Time Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Left Thru Right Peds App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 1 05:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 05:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 1 05:30 PM 0 2 0 0 2 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 3 Total Volume 0 2 0 0 2 0 0 0 0 0 0 0 1 0 1 0 2 0 0 2 5 % App. Total 0 100 0 0 0 0 0 0 0 0 100 0 0 100 0 0 PHF .000 .250 .000 .000 .250 .000 .000 .000 .000 .000 .000 .000 .250 .000 .250 .000 .500 .000 .000 .500 .417 WINERY BUTLER BUTLER WINERY Right 0 Thru 2 Left 0 Peds 0 InOut Total 0 2 2 Right0 Thru0 Left0 Peds0 OutTotalIn3 0 3 Left 0 Thru 0 Right 1 Peds 0 Out TotalIn 2 1 3 Left0 Thru2 Right0 Peds0 TotalOutIn0 2 2 Peak Hour Begins at 04:45 PM Bank 1 Peak Hour Data North JLB Traffic Engineering, Inc. 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Traffic Engineering, Transportation Planning & Parking Solutions www.JLBtraffic.com www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | C (559) 570-8991 Appendix C: Traffic Modeling THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 1 (559) 570-8991 January 9, 2020 Kai Han, TE Council of Fresno County Governments 2035 Tulare Street, Suite 201 Fresno, CA 93721 Via E-mail Only: khan@fresnocog.org Subject: Revised Traffic Modeling Request for the Preparation of a Traffic Impact Analysis in Support of the Fresno Pacific University Culture and Arts Center Project Located on the southeast quadrant of Chestnut Avenue and Butler Avenue in the City of Fresno (JLB Project 004-108) Dear Mr. Han, JLB Traffic Engineering, Inc. (JLB) hereby requests traffic modeling for the preparation of a Traffic Impact Analysis (TIA) for the proposed Fresno Pacific University Culture and Arts Center (Project) located on the southeast quadrant of Chestnut Avenue and Butler Avenue in the City of Fresno. The Project proposes to construct a 25,300 square-foot Culture and Arts Center with a 400-seat auditorium where several existing residential units will be removed. Based on information provided by the developer, the Project will namely serve as a venue for events that service students who may already be on campus. However, the Project will serve as a venue for non-school related events that may take place on a Thursday, Friday and/or Saturday evening. Per information provided to JLB, the Project is consistent with the City of Fresno 2035 General Plan. An aerial of the Project vicinity and the Project Site Plan are presented in Exhibits A and B, respectively The purpose of the TIA is to evaluate the potential on-site and off-site traffic impacts, identify short- term roadway and circulation needs, determine potential mitigation measures and identify any critical traffic issues that should be addressed in the on-going planning process. Scenarios: The following scenarios are requested: 1. Base Year 2020 (with Link and TAZ modifications) 2. Cumulative Year 2035 plus Project Select Zone (with Link and TAZ modifications) 3. Differences between model runs 2 and 1 above Changes and/or additions to the Model Network or TAZ’s JLB reviewed the Fresno COG model network for the Base Year 2020 and Cumulative Year 2035. Based on this review, JLB requests the following link and TAZ Network modifications. Details on the requested Link and TAZ modifications for Base Year 2020 and Cumulative Year 2035 are illustrated in Exhibit C. LINK and TAZ MODIFICATIONS (Base Year 2020 Scenario Only): 1. Modify Peach Avenue to reduce lanes south of Node 3537 to one lane in each direction. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 2 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 LINK and TAZ MODIFICATIONS (Base Year 2020 and Cumulative Year 2035 plus Project Select Zone Scenarios): 1. Modify Kings Canyon Avenue as follows: a. Decrease lanes between Maple Avenue and Peach Avenue to two lanes in each direction. b. Decrease speed between Chestnut Avenue and Willow Avenue to 35 MPH in each direction. c. Decrease speed between Willow Avenue and Peach Avenue to 40 MPH in each direction. 2. Modify Winery Avenue as follows: a. Create Winery Avenue between Kings Canyon Road and Lane Avenue as follows: i. Classification: Local Roadway ii. Lanes: One in each direction iii. Speed: 30 MPH b. Reduce lanes between Lane Avenue and Butler Avenue to one (1) lane in each direction. c. Reduce speed between Lane Avenue and Butler Avenue to 30 MPH in each direction. d. Create Winery Avenue between Butler Avenue and Hamilton Avenue as follows: i. Classification: Local Roadway ii. Lanes: One in each direction iii. Speed: 30 MPH 3. Modify TAZ 1452 as follows: a. Split TAZ 1452 into two (2) TAZs – TAZ 1452_A and TAZ 1452_B. b. TAZ 1452_A shall be bound by Kings Canyon Road, Winery Avenue, Lane Avenue and Chestnut Avenue. TAZ 1452_A shall TAZ connectors to Kings Canyon Road, Winery Avenue, Lane Avenue and Chestnut Avenue. c. TAZ 1452_B shall be bound by Kings Canyon Road, Willow Avenue, Lane Avenue and Winery Avenue. TAZ 1452_B shall TAZ connectors to Kings Canyon Road, Willow Avenue, Lane Avenue and Winery Avenue. 4. Modify Lane Avenue as follows: a. Decrease speed between Chestnut Avenue and Winery Avenue to 35 MPH in each direction. b. Decrease lanes between Willow Avenue and Peach Avenue to one lane in each direction. 5. Modify Peach Avenue as follows: a. Increase lanes between Kings Canyon Avenue and Butler Avenue to two lanes in each direction. b. Increase speed south of Node 3537 to 45 MPH in each direction. 6. Modify TAZ 1455 as follows: a. Split TAZ 1455 into two (2) TAZs – TAZ 1455_A and TAZ 1455_B. b. TAZ 1455_A shall be bound by Butler Avenue, Winery Avenue, the railroad tracks and Chestnut Avenue. TAZ 1455_A shall have TAZ connectors to Butler Avenue, Winery Avenue and Chestnut Avenue. c. TAZ 1455_B shall be bound by Butler Avenue, Willow Avenue, the railroad tracks and Winery Avenue. TAZ 1455_B shall have TAZ connectors to Butler Avenue, Willow Avenue and Winery Avenue. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 3 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 LINK and TAZ MODIFICATIONS (Cumulative Year 2035 plus Project Select Zone Scenario Only): 1. Modify Butler Avenue to decrease lanes between Maple Avenue and Peach Avenue to one lane in each direction. 2. Modify Willow Avenue to decrease lanes south of Butler Avenue to one lane in each direction. 3. Create TAZ A (Project) generally located on the southeast corner of Chestnut Avenue and Butler Avenue (See Exhibit C). TAZ A shall have one TAZ connector to Butler Avenue. Project Trip Generation Trip generation rates for the proposed Project were obtained from the Transportation Study for the Ford Theaters Project prepared by Gibson Transportation Consulting, Inc. dated June 2014. The Study presents a PM peak hour trip generation rate of 0.33 with an 85/15 inbound and outbound split. The Daily rate was derived based on information provided by the District that the Project would serve as a venue for up to two (2) events during a day. Table I presents the trip generation for the proposed Project with trip generation rates for a Performing Arts Center. At buildout, the proposed Project is estimated to generate a maximum of 296 daily trips, 0 AM peak hour trips and 132 PM peak hour driveway trips. Table I: Project Trip Generation Land Use (ITE Code) Size Unit Daily AM (7-9) Peak Hour PM (4-6) Peak Hour Rate Total Trip Rate In Out In Out Total Trip Rate In Out In Out Total % % Culture and Arts Center 400 seats 0.74** 296 0.00 50 50 0 0 0 0.33* 85* 15* 112 20 132 Total Driveway Trips 296 0 0 0 112 20 132 Note: * = Trip Generation rate and inbound and outbound split based on the Transportation Study for the Ford Theaters Project prepared by Gibson Transportation Consulting, Inc. dated June 2014 ** = Trip Generation rate based on information provided by the Developer. Access to the Project Access to and from the Project site is proposed from a total of three (3) existing access points. Two (2) existing access points are located along the south side of Butler Avenue approximately 200 feet and 625 feet east of Chestnut Avenue and allow full access to Butler Avenue. One (1) existing access point is located on along the north side of Townsend Avenue and is also a full access. Additional Project details are found on Exhibit B. Please feel welcome to contact me if you have any questions or require additional information. I can be reached by phone at 559.664.3159 or by e-mail at jgarcia@JLBtraffic.com. Sincerely, Jesus Garcia Engineer I/II cc: Susana Maciel, JLB Traffic Engineering, Inc. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 4 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 Lang Yu, Fresno Council of Governments Z:\01 Projects\004 Fresno\004-108 Fresno Pacific TIA\Modeling\Model Request\L010692020 Revised Model Request (004-108).docx www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 5 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 Exhibit A – Project Aerial www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 6 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 Exhibit B – Project Site Plan www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 7 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 Exhibit C – Model TAZ Modification www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 Page | 8 (559) 570-8991 Mr. Han Fresno COG Modeling Request (Project 004-108) January 9, 2020 (Licensed to JLB Traffic Engineering Inc)AM, PM & Daily VolumesBase Year 20201179118864123123856466566337466464686468283719576376000000ButlerButler69296737499445470499ChestnutChestnut112981131610456828141043Chestnut Chestnut 14280 14264 1008 1262 1313 1110 ButlerButler77037514651487533587WineryWinery1190115886102114105WineryWinery000000ButlerButler54795290258530465319ButlerButler57235565289546498362ButlerButler77037514651487533587 (Licensed to JLB Traffic Engineering Inc)AM, PM & Daily VolumesCumulative Year 2035 - Select Zone0000000010110000001120112148148ButlerButler002342221ChestnutChestnut001532829Chestnut Chestnut 0 0 30 6 48 50 ButlerButler1169139999WineryWinery002161110WineryWinery000000ButlerButler007434949ButlerButler005273840ButlerButler007434949 (Licensed to JLB Traffic Engineering Inc)AM, PM & Daily VolumesCumulative Year 2035651281258512091229744053777307490000001120112148148ButlerButler55650459256876587292ChestnutChestnut11761065116612101487514487Chestnut Chestnut 1146 1355 1411 1339 16302 17174 ButlerButler41646250345150375154WineryWinery27613115725414141545WineryWinery10616715712617281745ButlerButler41646244148149875104ButlerButler32657856047162596262ButlerButler41646244148149875104 THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | D (559) 570-8991 Appendix D: Methodology THIS PAGE INTENTIONALLY LEFT BLANK. Levels of Service Methodology The description and procedures for calculating capacity and level of service (LOS) are found in the Transportation Research Board, Highway Capacity Manual (HCM). The HCM 2010 represents the research on capacity and quality of service for transportation facilities. Quality of service requires quantitative measures to characterize operational conditions within a traffic stream. Level of service is a quality measure describing operational conditions within a traffic stream, generally in terms of such service measures as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience. Six levels of service are defined for each type of facility that has analysis procedures available. Letters designate each level of service (LOS), from A to F, with LOS A representing the best operating conditions and LOS F the worst. Each LOS represents a range of operating conditions and the driver’s perception of these conditions. Safety is not included in the measures that establish a LOS. Urban Streets (Automobile Mode) The term “urban streets” refers to urban arterials and collectors, including those in downtown areas. Arterial streets are roads that primarily serve longer through trips. However, providing access to abutting commercial and residential land uses is also an important function of arterials. Collector streets provide both land access and traffic circulation within residential, commercial and industrial areas. Their access function is more important than that of arterials, and unlike arterials their operation is not always dominated by traffic signals. Downtown streets are signalized facilities that often resemble arterials. They not only move through traffic but also provide access to local businesses for passenger cars, transit buses, and trucks. Pedestrian conflicts and lane obstructions created by stopping or standing taxicabs, buses, trucks and parking vehicles that cause turbulence in the traffic flow are typical of downtown streets. Flow Characteristics The speed of vehicles on urban streets is influenced by three main factors, street environment, interaction among vehicles and traffic control. The street environment includes the geometric characteristics of the facility, the character of roadside activity, and adjacent land uses. Thus, the environment reflects the number and width of lanes, type of median, driveway/access point density, spacing between signalized intersections, existence of parking, level of pedestrian and bicyclist activity and speed limit. The interaction among vehicles is determined by traffic density, the proportion of trucks and buses, and turning movements. This interaction affects the operation of vehicles at intersections and, to a lesser extent, between signals. Traffic controls (including signals and signs) forces a portion of all vehicles to slow or stop. The delays and speed changes caused by traffic control devices reduce vehicle speeds; however, such controls are needed to establish right-of-way. www.JLBtraffic.com info@JLBtraffic.com Page | D-1 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Levels of Service (automobile Mode) The average travel speed for through vehicles along an urban street is the determinant of the operating level of service (LOS). The travel speed along a segment, section or entire length of an urban street is dependent on the running speed between signalized intersections and the amount of control delay incurred at signalized intersections. LOS A describes primarily free-flow operation. Vehicles are completely unimpeded in their ability to maneuver within the traffic stream. Control delay at signalized intersections is minimal. Travel speeds exceed 85 of the base free flow speed (FFS). LOS B describes reasonably unimpeded operation. The ability to maneuver within the traffic stream is only slightly restricted and control delay at the boundary intersections is not significant. The travel speed is between 67 and 85 percent of the base FFS. LOS C describes stable operations. The ability to maneuver and change lanes in midblock location may be more restricted than at LOS B. Longer queues at the boundary intersections may contribute to lower travel speeds. The travel speed is between 50 and 67 percent of the base FFS. LOS D indicates a less stable condition in which small increases in flow may cause substantial increases in delay and decreases in travel speed. This operation may be due to adverse signal progression, high volumes, inappropriate signal timing, at the boundary intersections. The travel speed is between 40 and 50 percent of the base FFS. LOS E is characterized unstable operation and significant delay. Such operations may be due to some combination of adverse progression, high volume, and inappropriate signal timing at the boundary intersections. The travel speed is between 30 and 40 percent of the base FFS. LOS F is characterized by street flow at extremely low speed. Congestion is likely occurring at the boundary intersections, as indicated by high delay and extensive queuing. The travel speed is 30 percent or less of the base FFS. Table A-1: Urban Street Levels of Service (Automobile Mode) Travel Speed as a Percentage of Base Free-Flow Speed (%) LOS by Critical Volume-to-Capacity Ratioa ≤1.0 >1.0 >85 A F >67 to 85 B F >50 to 67 C F >40 to 50 D F >30 to 40 E F ≤30 F F a = The Critical volume-to-capacity ratio is based on consideration of the through movement-to-capacity ratio at each boundary intersection in the subject direction of travel. The critical volume-to-capacity ratio is the largest ratio of those considered. Source: Highway Capacity Manual 2010, Exhibit 16-4. Urban Street LOS Criteria (Automobile Mode) www.JLBtraffic.com info@JLBtraffic.com Page | D-2 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Intersection Levels of Service One of the more important elements limiting, and often interrupting the flow of traffic on a highway is the intersection. Flow on an interrupted facility is usually dominated by points of fixed operation such as traffic signals, stop and yield signs. Signalized Intersections – Performance Measures For signalized intersections the performance measures include automobile volume-to-capacity ratio, automobile delay, queue storage length, ratio of pedestrian delay, pedestrian circulation area, pedestrian perception score, bicycle delay, and bicycle perception score. LOS is also considered a performance measure. For the automobile mode average control delay per vehicle per approach is determined for the peak hour. A weighted average of control delay per vehicle is then determined for the intersection. A LOS designation is given to the weighted average control delay to better describe the level of operation. A description of LOS for signalized intersections is found in Table A-2. www.JLBtraffic.com info@JLBtraffic.com Page | D-3 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 Table A-2: Signalized Intersection Level of Service Description (Automobile Mode) Level of Service Description Average Control Delay (seconds per vehicle) A Operations with a control delay of 10 seconds/vehicle or less and a volume-to-capacity ratio no greater than 1.0. This level is typically assigned when volume-to-capacity ratio is and either progression is exceptionally favorable or the cycle length is very short. If it’s due to favorable progression, most vehicles arrive during the green indication and travel through the intersection without stopping. ≤10 B Operations with control delay between 10.1 to 20.0 seconds/vehicle and a volume-to- capacity ratio no greater than 1.0. This level is typically assigned when the volume-to- capacity ratio is low and either progression is highly favorable or the cycle length is short. More vehicles stop than with LOS A. >10.0 to 20.0 C Operations with average control delays between 20.1 to 35.0 seconds/vehicle and a volume-to-capacity ratio no greater than 1.0. This level is typically assigned when the volume-to-capacity ratio no greater than 1.0. This level is typically assigned when progression is favorable or the cycle length is moderate. Individual cycle failures (i.e., one or more queued vehicles are not able to depart as a result of insufficient capacity during the cycle) may begin to appear at this level. The number of vehicles stopping is significant, although many vehicles still pass through the intersection without stopping. >20 to 35 D Operations with control delay between 35.1 to 55.0 seconds/vehicle and a volume-to- capacity ratio no greater than 1.0. This level is typically assigned when the volume-to- capacity ratio is high and either progression is ineffective or the cycle length is long. Many vehicles stop, and i ndividual cycle failures are noticeable. >35 to 55 E Operations with control delay between 55.1 to 80.0 seconds/vehicle and a volume-to- capacity ratio no greater than 1.0. This level is typically assigned when the volume-to- capacity ratio is high, progression is unfavorable, and the cycle length is long. Individual cycle failures are frequent. >55 to 80 F Operations with unacceptable control delay exceeding 80.0 seconds/vehicle and a volume-to-capacity ratio greater than 1.0. This level is typically assigned when the volume-to-capacity ratio is very high, progression is very poor, and the cycle length is long. Most cycles fail to clear the queue. >80 Source: Highway Capacity Manual 2010 Unsignalized Intersections The HCM 2010 procedures use control delay as a measure of effectiveness to determine level of service. Delay is a measure of driver discomfort, frustration, fuel consumption, and increased travel time. The delay experienced by a motorist is made up of a number of factors that relate to control, traffic and incidents. Total delay is the difference between the travel time actually experienced and the reference travel time that would result during base conditions, i. e., in the absence of traffic control, geometric delay, any incidents, and any other vehicles. Control delay is the increased time of travel for a vehicle approaching and passing through an unsignalized intersection, compared with a free-flow vehicle if it were not required to slow or stop at the intersection. www.JLBtraffic.com info@JLBtraffic.com Page | D-4 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 All-Way Stop Controlled Intersections All-way stop controlled intersections is a form of traffic controls in which all approaches to an intersection are required to stop. Similar to signalized intersections, at all-way stop controlled intersections the average control delay per vehicle per approach is determined for the peak hour. A weighted average of control delay per vehicle is then determined for the intersection as a whole. In other words the delay measured for all-way stop controlled intersections is a measure of the average delay for all vehicles passing through the intersection during the peak hour. A LOS designation is given to the weighted average control delay to better describe the level of operation. Two-Way Stop Controlled Intersections Two-way stop controlled (TWSC) intersections in which stop signs are used to assign the right-of-way, are the most prevalent type of intersection in the United States. At TWSC intersections the stop- controlled approaches are referred as the minor street approaches and can be either public streets or private driveways. The approaches that are not controlled by stop signs are referred to as the major street approaches. The capacity of movements subject to delay are determined using the "critical gap" method of capacity analysis. Expected average control delay based on movement volume and movement capacity is calculated. A LOS for TWSC intersection is determined by the computed or measured control delay for each minor movement. LOS is not defined for the intersection as a whole for three main reasons: (a) major-street through vehicles are assumed to experience zero delay; (b) the disproportionate number of major-street through vehicles at the typical TWSC intersection skews the weighted average of all movements, resulting in a very low overall average delay from all vehicles; and (c) the resulting low delay can mask important LOS deficiencies for minor movements. Table A-3 provides a description of LOS at unsignalized intersections. Table A-3: Unsignalized Intersection Level of Service Description (Automobile Mode) Control Delay (seconds per vehicle) LOS by Volume-to-Capacity Ratio v/c < 1.0 v/c > 1.0 ≤10 A F >10 to 15 B F >15 to 25 C F >25 to 35 D F >35 to 50 E F >50 F F Source: HCM 2010 Exhibit 19-1. www.JLBtraffic.com info@JLBtraffic.com Page | D-5 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 (559) 570-8991 THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | E (559) 570-8991 Appendix E: Collision Data THIS PAGE INTENTIONALLY LEFT BLANK. 01/01/2017 thru 12/31/2017 Report Run On: 08/27/2018 Total Count: 7162 Include State Highways cases County: Fresno Primary Rd BUTLER AV Distance (ft)177 Direction W Secondary Rd WINERY AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist 2762 Beat SEF Type 0 CalTrans Badge P1070 Collision Date 20170927 Time 1817 Day WED Primary Collision Factor UNSAFE SPEED Violation 22350 Collision Type AUTO/PED Severity FATAL #Killed 1 #Injured 0 Tow Away?Y Process Date 20180523 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run FELONY Motor Vehicle Involved With PED Lighting DAYLIGHT Ped Action NOT IN X-Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int 1F DRVR 50 M H IMP UNK IMP UNK PROC ST W A 0700 FORD 2003 -3 N -M B 2 PED 41 F B IMP UNK IMP UNK N N 6000 --1 A 21954 ---PED KILLED 41 F 9 3 -- Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd BUTLER AVE Distance (ft)0 Direction Secondary Rd CLOVIS AVE NCIC 9435 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City UNINCORP.County Fresno Population 9 Rpt Dist Beat 034 Type 3 CalTrans Badge 020586 Collision Date 20171021 Time 2200 Day SAT Primary Collision Factor DRVR ALC|DRG Violation 23152A Collision Type HEAD-ON Severity INJURY #Killed 0 #Injured 1 Tow Away?Y Process Date 20171027 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DARK - ST Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 24 F W HBD-UI LFT TURN E A 0100 FORD 2012 -3 A 21451 -L G DRVR POSSIBL 24 F 1 0 L G 2 DRVR 27 M A HNBD PROC ST W A 0800 HOND 2000 -3 N -M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd BUTLER AVE.Distance (ft)0 Direction Secondary Rd ARMSTRONG AVE.NCIC 9435 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist Beat 034 Type 3 CalTrans Badge 017518 Collision Date 20170501 Time 2230 Day MON Primary Collision Factor UNKNOWN Violation 21152 Collision Type HIT OBJECT Severity INJURY #Killed 0 #Injured 3 Tow Away?Y Process Date 20170510 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With FIXED OBJ Lighting DARK - NO Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 21 M H HBD-UI PROC ST E D 2200 GMC 2000 -3 A 22350 -L G DRVR COMP PN 21 M 1 0 L G PASS OTH VIS 21 M 3 0 L H PASS COMP PN 19 F 2 0 L D Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd BUTLER AVENUE Distance (ft)0 Direction Secondary Rd FOWLER AVENUE NCIC 9435 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City UNINCORP.County Fresno Population 9 Rpt Dist Beat 034 Type 3 CalTrans Badge 013703 Collision Date 20171009 Time 0810 Day MON Primary Collision Factor R-O-W AUTO Violation 21802A Collision Type BROADSIDE Severity PDO #Killed 0 #Injured 0 Tow Away?N Process Date 20171018 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 33 F H HNBD LFT TURN E A 0700 CHEV 2017 -3 N -M G 2 DRVR 42 F O HNBD PROC ST S A 0100 TOYOT 2002 -3 N -M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd BUTOONWILLOW Distance (ft)0 Direction Secondary Rd DINUBA AV NCIC 1012 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Reedley County Fresno Population 3 Rpt Dist REEDL Beat 002 Type 0 CalTrans Badge L016 Collision Date 20171211 Time 2340 Day MON Primary Collision Factor R-O-W AUTO Violation 21800A Collision Type REAR END Severity PDO #Killed 0 #Injured 0 Tow Away?N Process Date 20180203 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run MSDMNR Motor Vehicle Involved With OTHER MV Lighting DUSK/DAWNPed Action Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int 1F DRVR 998 F H null W -0000 ------- 2 DRVR 44 F H HNBD PROC ST N -0000 CHEVR 2003 -3 N -M G PASS 55 F 4 0 M G PASS 52 F 3 0 M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Page 151 This report is accepted subject to the Terms of Use. Due to collision records processing backlogs, SWITRS data is typically seven months behind. Data requested for dates seven months prior to the current date will be incomplete. 01/01/2015 thru 12/31/2015 Report Run On: 08/27/2018 Total Count: 8330 Include State Highways cases County: Fresno Primary Rd EAST BUTLER AV Distance (ft)0 Direction Secondary Rd SOUTH CEDAR AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist 2860 Beat 00H Type 0 CalTrans Badge 1416 Collision Date 20150413 Time 1805 Day MON Primary Collision Factor OTHER HAZ Violation 21451A Collision Type BROADSIDE Severity INJURY #Killed 0 #Injured 2 Tow Away?Y Process Date 20160223 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1 DRVR 28 F H HNBD PROC ST W A 0700 HYUND 2004 -3 N -M G DRVR COMP PN 28 F 1 0 M G PASS COMP PN 13 F 4 0 M G PASS 6 F 6 0 M G 2F DRVR 35 M H HNBD LFT TURN E A 0800 GMC 1998 -3 N -M G 3 DRVR 34 F W HNBD STOPPED S A 0700 TOYOT 2007 -3 N -M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd EAST BUTLER AV Distance (ft)0 Direction Secondary Rd SOUTH CEDAR AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist 2860 Beat 00H Type 0 CalTrans Badge 1669 Collision Date 20150921 Time 1130 Day MON Primary Collision Factor R-O-W AUTO Violation 21801A Collision Type SIDESWIPE Severity PDO #Killed 0 #Injured 0 Tow Away?N Process Date 20160210 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 26 M H HNBD LFT TURN W A 0100 TOYOT 2008 -3 N -M G 2 DRVR 29 F H HNBD PROC ST E A 0100 CHEVR 2001 -3 N -M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd EAST BUTLER AV Distance (ft)0 Direction Secondary Rd SOUTH MAPLE AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE286 Beat 00H Type 0 CalTrans Badge P994 Collision Date 20150705 Time 2119 Day SUN Primary Collision Factor R-O-W AUTO Violation 21801A Collision Type BROADSIDE Severity INJURY #Killed 0 #Injured 2 Tow Away?N Process Date 20160414 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DARK - ST Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 20 M B HNBD LFT TURN -A 0100 CHRYS 2012 -3 ----DRVR COMP PN 20 M 1 0 L G 2 DRVR 19 M H HNBD PROC ST -A 0100 NISSA 1996 -3 --G - 3 DRVR 33 F H HNBD STOPPED --0000 DODGE 1968 -3 ----PASS COMP PN 18 F 3 0 G - PASS 15 F 5 0 G - Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd EAST BUTLER AV Distance (ft)0 Direction Secondary Rd SOUTH WINERY NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE286 Beat 00H Type 0 CalTrans Badge P1577 Collision Date 20150418 Time 0136 Day SAT Primary Collision Factor DRVR ALC|DRG Violation 23152A Collision Type REAR END Severity PDO #Killed 0 #Injured 0 Tow Away?Y Process Date 20160206 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DARK - ST Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 22 M H HBD-UI PROC ST E A 0100 FORD 2005 --A 21703 -L G 2 DRVR 19 M H STOPPED E A 0100 HONDA 2001 ----M G PASS 13 M 3 0 M G PASS 17 M 6 0 M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Page 356 This report is accepted subject to the Terms of Use. Due to collision records processing backlogs, SWITRS data is typically seven months behind. Data requested for dates seven months prior to the current date will be incomplete. 01/01/2015 thru 12/31/2015 Report Run On: 08/25/2018 Total Count: 3270 Include State Highways cases Jurisdiction(s): ALL Primary Rd SOUTH MAPLE AV Distance (ft)0 Direction Secondary Rd E HAMILTON AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE286 Beat 00H Type 0 CalTrans Badge P759 Collision Date 20150905 Time 0933 Day SAT Primary Collision Factor R-O-W AUTO Violation 21802A Collision Type BROADSIDE Severity PDO #Killed 0 #Injured 0 Tow Away?Y Process Date 20160203 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 56 F H HNBD LFT TURN E A 0100 FORD 2001 -3 N -L G PASS 48 F 6 0 P G 2 DRVR 35 M H HNBD PROC ST S D 2200 CHEVR 1996 -3 N -P G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd SOUTH MAPLE AV Distance (ft)300 Direction S Secondary Rd EAST BUTLER AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE286 Beat 00H Type 0 CalTrans Badge P1389 Collision Date 20150312 Time 1730 Day THU Primary Collision Factor UNSAFE SPEED Violation 22350 Collision Type REAR END Severity INJURY #Killed 0 #Injured 1 Tow Away?Y Process Date 20160201 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With OTHER MV Lighting DAYLIGHT Ped Action Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int 1F DRVR 27 M H HNBD PROC ST S A 0100 TOYOT 1999 -3 A 22350 M M G PASS COMP PN 44 F 6 0 M G PASS 25 F 3 0 M G 2 DRVR 47 M H HNBD LFT TURN S A 0100 LINCO 1995 -3 N -M G PASS 42 F 3 0 M G PASS 3 F 6 0 M Q PASS 12 F 4 0 M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd SOUTH MAPLE AV Distance (ft)0 Direction Secondary Rd EAST CHURCH AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE306 Beat 00H Type 0 CalTrans Badge P1504 Collision Date 20150527 Time 2020 Day WED Primary Collision Factor IMPROP TURN Violation 22107 Collision Type BROADSIDE Severity PDO #Killed 0 #Injured 0 Tow Away?Y Process Date 20160322 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run MSDMNR Motor Vehicle Involved With OTHER MV Lighting DARK - ST Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 998 M H IMP UNK IMP UNK RGT TURN W A 0100 FORD 1998 --A 20002 M P B 2 DRVR 38 F H HNBD STOPPED S A 0100 HONDA 2003 -3 N -P G PASS 20 F 3 0 M G PASS 12 F 6 0 M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd SOUTH WINERY AV Distance (ft)15 Direction E Secondary Rd E ATCHISON ST NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE296 Beat 00H Type 0 CalTrans Badge P1416 Collision Date 20151003 Time 1755 Day SAT Primary Collision Factor PED VIOL Violation 21954A Collision Type AUTO/PED Severity INJURY #Killed 0 #Injured 1 Tow Away?N Process Date 20160125 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run Motor Vehicle Involved With PED Lighting DAYLIGHT Ped Action NOT IN X-Cntrl Dev NT PRS/FCTR Loc Type Ramp/Int 1F PED 3 M H OTHER W N 6000 -------PED OTH VIS 3 M 9 0 N P 2 DRVR 24 M H HNBD PROC ST N A 0800 FORD 1999 -3 N -M G PASS 26 F 3 0 M G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Primary Rd SOUTH WINERY AV Distance (ft)0 Direction Secondary Rd EAST BUTLER AV NCIC 1005 State Hwy?N Route Postmile Prefix Postmile Side of Hwy City Fresno County Fresno Population 7 Rpt Dist SE276 Beat 00G Type 0 CalTrans Badge P1293 Collision Date 20150923 Time 2052 Day WED Primary Collision Factor DRVR ALC|DRG Violation 23153A Collision Type BROADSIDE Severity INJURY #Killed 0 #Injured 3 Tow Away?Y Process Date 20170826 Weather1 CLEAR Weather2 Rdwy Surface DRY Rdwy Cond1 NO UNUSL CND Rdwy Cond2 Spec Cond 0 Hit and Run FELONY Motor Vehicle Involved With OTHER MV Lighting DARK - ST Ped Action Cntrl Dev FNCTNG Loc Type Ramp/Int 1F DRVR 29 F H HBD-UI LFT TURN E A 0100 HONDA 2002 -3 A 21801 N L G PASS COMP PN 26 M 3 0 L G Party Info Party Type Age Sex Race Sobriety1 Sobriety2 Move Pre Dir SW Veh CHP Veh Make Year SP Info OAF1 Viol OAF2 SafetyEquip ROLE Ext Of Inj AGE Sex Seat Pos Safety EQUIP Ejected Victim Info Page 479 This report is accepted subject to the Terms of Use. Due to collision records processing backlogs, SWITRS data is typically seven months behind. Data requested for dates seven months prior to the current date will be incomplete. THIS PAGE INTENTIONALLY LEFT BLANK. www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | F (559) 570-8991 Appendix F: Existing Traffic Conditions THIS PAGE INTENTIONALLY LEFT BLANK. HCM 6th Signalized Intersection Summary Existing PM Peak 1: Winery Avenue & Butler Avenue 02/05/2020 Baseline Synchro 10 Report JLB Traffic Engineering, Inc.Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 161 275 31 7 195 71 57 29 33 85 29 190 Future Volume (veh/h) 161 275 31 7 195 71 57 29 33 85 29 190 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 0.99 0.98 0.98 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 Adj Flow Rate, veh/h 177 302 34 8 214 78 63 32 36 93 32 209 Peak Hour Factor 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 Percent Heavy Veh, %333333333333 Cap, veh/h 671 955 108 637 756 276 278 208 234 434 55 361 Arrive On Green 0.58 0.58 0.58 0.58 0.58 0.58 0.26 0.26 0.26 0.26 0.26 0.26 Sat Flow, veh/h 1077 1637 184 1035 1296 473 1119 789 887 1301 210 1368 Grp Volume(v), veh/h 177 0 336 8 0 292 63 0 68 93 0 241 Grp Sat Flow(s),veh/h/ln 1077 0 1822 1035 0 1769 1119 0 1676 1301 0 1578 Q Serve(g_s), s 5.4 0.0 5.2 0.2 0.0 4.5 2.9 0.0 1.7 3.2 0.0 7.3 Cycle Q Clear(g_c), s 9.9 0.0 5.2 5.4 0.0 4.5 10.1 0.0 1.7 5.0 0.0 7.3 Prop In Lane 1.00 0.10 1.00 0.27 1.00 0.53 1.00 0.87 Lane Grp Cap(c), veh/h 671 0 1063 637 0 1032 278 0 442 434 0 416 V/C Ratio(X) 0.26 0.00 0.32 0.01 0.00 0.28 0.23 0.00 0.15 0.21 0.00 0.58 Avail Cap(c_a), veh/h 671 0 1063 637 0 1032 511 0 792 705 0 746 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 8.2 0.0 5.9 7.2 0.0 5.7 22.0 0.0 15.5 17.4 0.0 17.6 Incr Delay (d2), s/veh 1.0 0.0 0.8 0.0 0.0 0.7 0.4 0.0 0.2 0.2 0.0 1.3 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.1 0.0 1.5 0.0 0.0 1.3 0.7 0.0 0.6 0.9 0.0 2.5 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 9.2 0.0 6.6 7.3 0.0 6.4 22.4 0.0 15.7 17.7 0.0 18.9 LnGrp LOS AAAAAACABBAB Approach Vol, veh/h 513 300 131 334 Approach Delay, s/veh 7.5 6.4 18.9 18.5 Approach LOS AABB Timer - Assigned Phs 2468 Phs Duration (G+Y+Rc), s 18.7 36.3 18.7 36.3 Change Period (Y+Rc), s * 4.2 * 4.2 * 4.2 * 4.2 Max Green Setting (Gmax), s * 26 * 21 * 26 * 21 Max Q Clear Time (g_c+I1), s 12.1 11.9 9.3 7.4 Green Ext Time (p_c), s 0.4 1.8 1.7 1.3 Intersection Summary HCM 6th Ctrl Delay 11.3 HCM 6th LOS B Notes * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Queuing and Blocking Report Existing PM Peak Baseline 02/05/2020 Baseline SimTraffic Report JLB Traffic Engineering, Inc.Page 1 Intersection: 1: Winery Avenue & Butler Avenue Movement EB EB WB WB NB NB SB SB Directions Served L TR L TR L TR L TR Maximum Queue (ft) 137 157 31 128 72 68 137 158 Average Queue (ft) 56 70 5 58 32 29 49 63 95th Queue (ft)100 131 23 105 66 56 100 110 Link Distance (ft)1222 1255 1257 1240 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 105 100 100 100 Storage Blk Time (%)1 2 0 1 1 Queuing Penalty (veh) 2 3 0 2 1 Network Summary Network wide Queuing Penalty: 8 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | G (559) 570-8991 Appendix G: Existing plus Project Traffic Conditions THIS PAGE INTENTIONALLY LEFT BLANK. HCM 6th Signalized Intersection Summary Existing plus Project PM Peak 1: Winery Avenue & Butler Avenue 02/10/2020 Baseline Synchro 10 Report JLB Traffic Engineering, Inc.Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 162 278 31 7 223 71 61 30 35 85 29 206 Future Volume (veh/h) 162 278 31 7 223 71 61 30 35 85 29 206 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 0.99 0.98 0.98 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 Adj Flow Rate, veh/h 178 305 34 8 245 78 67 33 38 93 32 226 Peak Hour Factor 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 Percent Heavy Veh, %333333333333 Cap, veh/h 630 937 104 620 771 245 278 214 247 447 54 381 Arrive On Green 0.57 0.57 0.57 0.57 0.57 0.57 0.28 0.28 0.28 0.28 0.28 0.28 Sat Flow, veh/h 1047 1639 183 1032 1348 429 1102 778 896 1298 196 1381 Grp Volume(v), veh/h 178 0 339 8 0 323 67 0 71 93 0 258 Grp Sat Flow(s),veh/h/ln 1047 0 1822 1032 0 1777 1102 0 1675 1298 0 1577 Q Serve(g_s), s 5.9 0.0 5.4 0.2 0.0 5.2 3.1 0.0 1.8 3.2 0.0 7.8 Cycle Q Clear(g_c), s 11.1 0.0 5.4 5.6 0.0 5.2 10.9 0.0 1.8 5.0 0.0 7.8 Prop In Lane 1.00 0.10 1.00 0.24 1.00 0.54 1.00 0.88 Lane Grp Cap(c), veh/h 630 0 1042 620 0 1016 278 0 461 447 0 435 V/C Ratio(X) 0.28 0.00 0.33 0.01 0.00 0.32 0.24 0.00 0.15 0.21 0.00 0.59 Avail Cap(c_a), veh/h 630 0 1042 620 0 1016 496 0 792 703 0 745 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 9.1 0.0 6.2 7.7 0.0 6.2 22.0 0.0 15.1 17.0 0.0 17.3 Incr Delay (d2), s/veh 1.1 0.0 0.8 0.0 0.0 0.8 0.4 0.0 0.2 0.2 0.0 1.3 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.2 0.0 1.6 0.0 0.0 1.5 0.8 0.0 0.6 0.9 0.0 2.7 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 10.2 0.0 7.0 7.7 0.0 7.0 22.4 0.0 15.2 17.2 0.0 18.6 LnGrp LOS BAAAAACABBAB Approach Vol, veh/h 517 331 138 351 Approach Delay, s/veh 8.1 7.0 18.7 18.2 Approach LOS AABB Timer - Assigned Phs 2468 Phs Duration (G+Y+Rc), s 19.4 35.6 19.4 35.6 Change Period (Y+Rc), s * 4.2 * 4.2 * 4.2 * 4.2 Max Green Setting (Gmax), s * 26 * 21 * 26 * 21 Max Q Clear Time (g_c+I1), s 12.9 13.1 9.8 7.6 Green Ext Time (p_c), s 0.5 1.6 1.8 1.5 Intersection Summary HCM 6th Ctrl Delay 11.6 HCM 6th LOS B Notes * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Queuing and Blocking Report Existing plus Project PM Peak Baseline 02/10/2020 Baseline SimTraffic Report JLB Traffic Engineering, Inc.Page 1 Intersection: 1: Winery Avenue & Butler Avenue Movement EB EB WB WB NB NB SB SB Directions Served L TR L TR L TR L TR Maximum Queue (ft) 179 180 31 162 74 97 76 140 Average Queue (ft) 69 75 3 71 37 35 42 65 95th Queue (ft)114 143 18 125 62 73 73 111 Link Distance (ft)1222 1255 1257 1240 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 105 100 100 100 Storage Blk Time (%)1 2202 Queuing Penalty (veh) 2 3002 Network Summary Network wide Queuing Penalty: 7 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | H (559) 570-8991 Appendix H: Near Term plus Project Traffic Conditions THIS PAGE INTENTIONALLY LEFT BLANK. HCM 6th Signalized Intersection Summary Near Term plus Project PM Peak 1: Winery Avenue & Butler Avenue 02/13/2020 Baseline Synchro 10 Report JLB Traffic Engineering, Inc.Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 162 348 31 7 266 71 61 30 35 85 29 209 Future Volume (veh/h) 162 348 31 7 266 71 61 30 35 85 29 209 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 0.99 0.98 0.98 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 Adj Flow Rate, veh/h 178 382 34 8 292 78 67 33 38 93 32 230 Peak Hour Factor 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 0.91 Percent Heavy Veh, %333333333333 Cap, veh/h 602 987 88 569 829 221 260 212 244 432 52 377 Arrive On Green 0.59 0.59 0.59 0.59 0.59 0.59 0.27 0.27 0.27 0.27 0.27 0.27 Sat Flow, veh/h 1003 1679 149 962 1410 377 1098 778 896 1298 192 1383 Grp Volume(v), veh/h 178 0 416 8 0 370 67 0 71 93 0 262 Grp Sat Flow(s),veh/h/ln 1003 0 1828 962 0 1787 1098 0 1674 1298 0 1576 Q Serve(g_s), s 6.7 0.0 7.3 0.3 0.0 6.5 3.4 0.0 1.9 3.5 0.0 8.7 Cycle Q Clear(g_c), s 13.2 0.0 7.3 7.6 0.0 6.5 12.1 0.0 1.9 5.5 0.0 8.7 Prop In Lane 1.00 0.08 1.00 0.21 1.00 0.54 1.00 0.88 Lane Grp Cap(c), veh/h 602 0 1075 569 0 1050 260 0 456 432 0 429 V/C Ratio(X) 0.30 0.00 0.39 0.01 0.00 0.35 0.26 0.00 0.16 0.22 0.00 0.61 Avail Cap(c_a), veh/h 602 0 1075 569 0 1050 438 0 728 643 0 686 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 9.9 0.0 6.6 8.6 0.0 6.4 24.3 0.0 16.6 18.7 0.0 19.1 Incr Delay (d2), s/veh 1.3 0.0 1.1 0.0 0.0 0.9 0.5 0.0 0.2 0.2 0.0 1.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.4 0.0 2.2 0.1 0.0 1.9 0.9 0.0 0.7 1.0 0.0 3.1 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 11.1 0.0 7.7 8.7 0.0 7.4 24.9 0.0 16.8 18.9 0.0 20.5 LnGrp LOS BAAAAACABBAC Approach Vol, veh/h 594 378 138 355 Approach Delay, s/veh 8.7 7.4 20.7 20.1 Approach LOS A A C C Timer - Assigned Phs 2468 Phs Duration (G+Y+Rc), s 20.5 39.5 20.5 39.5 Change Period (Y+Rc), s * 4.2 * 4.2 * 4.2 * 4.2 Max Green Setting (Gmax), s * 26 * 26 * 26 * 26 Max Q Clear Time (g_c+I1), s 14.1 15.2 10.7 9.6 Green Ext Time (p_c), s 0.4 2.4 1.7 1.9 Intersection Summary HCM 6th Ctrl Delay 12.2 HCM 6th LOS B Notes * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Queuing and Blocking Report Near Term plus Project PM Peak Baseline 02/13/2020 Baseline SimTraffic Report JLB Traffic Engineering, Inc.Page 1 Intersection: 1: Winery Avenue & Butler Avenue Movement EB EB WB WB NB NB SB SB Directions Served L TR L TR L TR L TR Maximum Queue (ft) 158 192 31 156 94 140 115 138 Average Queue (ft) 71 76 6 68 34 37 47 56 95th Queue (ft)122 151 26 126 67 86 87 95 Link Distance (ft)1222 1255 1257 1240 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 105 100 100 100 Storage Blk Time (%)4 2 30101 Queuing Penalty (veh) 14 3 00111 Network Summary Network wide Queuing Penalty: 19 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | I (559) 570-8991 Appendix I: Cumulative Year 2035 plus Project Traffic Conditions THIS PAGE INTENTIONALLY LEFT BLANK. HCM 6th Signalized Intersection Summary Cumulative Year 2035 plus Project PM Peak 1: Winery Avenue & Butler Avenue 02/13/2020 Baseline Synchro 10 Report JLB Traffic Engineering, Inc.Page 1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 190 348 32 7 290 93 61 30 35 112 31 293 Future Volume (veh/h) 190 348 32 7 290 93 61 30 35 112 31 293 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 0.99 0.98 0.99 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/ln 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 1856 Adj Flow Rate, veh/h 207 378 35 8 315 101 66 33 38 122 34 318 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, %333333333333 Cap, veh/h 506 906 84 513 729 234 243 248 286 495 48 452 Arrive On Green 0.54 0.54 0.54 0.54 0.54 0.54 0.32 0.32 0.32 0.32 0.32 0.32 Sat Flow, veh/h 962 1672 155 964 1345 431 1014 779 898 1301 152 1421 Grp Volume(v), veh/h 207 0 413 8 0 416 66 0 71 122 0 352 Grp Sat Flow(s),veh/h/ln 962 0 1827 964 0 1776 1014 0 1677 1301 0 1573 Q Serve(g_s), s 9.8 0.0 8.0 0.3 0.0 8.4 3.7 0.0 1.8 4.4 0.0 11.8 Cycle Q Clear(g_c), s 18.3 0.0 8.0 8.3 0.0 8.4 15.5 0.0 1.8 6.2 0.0 11.8 Prop In Lane 1.00 0.08 1.00 0.24 1.00 0.54 1.00 0.90 Lane Grp Cap(c), veh/h 506 0 990 513 0 962 243 0 534 495 0 501 V/C Ratio(X) 0.41 0.00 0.42 0.02 0.00 0.43 0.27 0.00 0.13 0.25 0.00 0.70 Avail Cap(c_a), veh/h 506 0 990 513 0 962 362 0 730 647 0 684 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I)1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 13.7 0.0 8.1 10.6 0.0 8.2 24.7 0.0 14.6 16.8 0.0 18.0 Incr Delay (d2), s/veh 2.4 0.0 1.3 0.1 0.0 1.4 0.6 0.0 0.1 0.3 0.0 2.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 2.1 0.0 2.7 0.1 0.0 2.7 0.9 0.0 0.6 1.2 0.0 4.1 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 16.1 0.0 9.4 10.7 0.0 9.6 25.3 0.0 14.7 17.0 0.0 20.0 LnGrp LOS BAABAACABBAB Approach Vol, veh/h 620 424 137 474 Approach Delay, s/veh 11.7 9.7 19.8 19.2 Approach LOS BABB Timer - Assigned Phs 2468 Phs Duration (G+Y+Rc), s 23.3 36.7 23.3 36.7 Change Period (Y+Rc), s * 4.2 * 4.2 * 4.2 * 4.2 Max Green Setting (Gmax), s * 26 * 26 * 26 * 26 Max Q Clear Time (g_c+I1), s 17.5 20.3 13.8 10.4 Green Ext Time (p_c), s 0.4 1.6 2.2 2.2 Intersection Summary HCM 6th Ctrl Delay 14.0 HCM 6th LOS B Notes * HCM 6th computational engine requires equal clearance times for the phases crossing the barrier. Queuing and Blocking Report Cumulative Year 2035 plus Project PM Peak Baseline 02/13/2020 Baseline SimTraffic Report JLB Traffic Engineering, Inc.Page 1 Intersection: 1: Winery Avenue & Butler Avenue Movement EB EB WB WB NB NB SB SB Directions Served L TR L TR L TR L TR Maximum Queue (ft) 152 170 31 176 98 76 145 204 Average Queue (ft) 83 99 5 87 43 36 60 86 95th Queue (ft)132 164 22 151 79 67 111 147 Link Distance (ft)1222 1255 1257 1240 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 105 100 100 100 Storage Blk Time (%)5 3 6 0 1 3 Queuing Penalty (veh) 19 6 0 0 5 4 Network Summary Network wide Queuing Penalty: 34 www.JLBtraffic.com info@JLBtraffic.com 516 W. Shaw Ave., Ste. 103 Fresno, CA 93704 App | J (559) 570-8991 Appendix J: Parking Covenant THIS PAGE INTENTIONALLY LEFT BLANK. ATTACHMENT D FRESNO PACIFIC UNIVERSITY CULTURE AND ARTS CENTER ENERGY MEMORANDUM THIS PAGE INTENTIONALLY LEFT BLANK. Project 2020‐063/ Fresno Pacific University Culture and Arts Center Project  2525 Warren Drive   ●   Rocklin, CA  95677   ●   Tel: (916) 782‐9100   ●   Fax: (916) 782‐9134   ●   www.ecorpconsulting.com E May 2020 Ericsson-Grant, Inc. 418 Parkwood Lane, Suite 200 Encinitas, California 92024 RE: Fresno Pacific University Culture and Arts Center – Energy Memorandum PROJECT DESCRIPTION The Fresno Pacific University Culture and Arts Center Project (Project) proposes the demolition of several existing residential buildings located on five parcels totaling 5.5 acres at the existing Fresno Pacific University (FPU) campus at 4824 E. Butler Avenue. The demolition of these buildings would make way for the construction of a new 26,758 square foot (SF), Culture and Arts Center in the City of Fresno. The Project site is located at the southeast corner of East Butler Avenue and South Chestnut Avenue adjacent to FPU. The proposed Project would provide a venue for students to plan, perform and manage events in a campus-like environment. Two distinct components are proposed for the Culture and Arts Center. The first is the main auditorium which would seat approximately 400 people and accommodate a wide range of events. The second component of the center is the “Black Box” which would provide an open seating and flexible use arrangement for 99 people. The Project would provide 75 parking spaces on the Project site including 60 standard stalls, one compact stall, and three handicapped accessible stalls. FPU would utilize its existing staff and students to facilitate events at the Center. The proposed Project would begin construction in October of 2020 and is anticipated to last approximately 21 months. ENVIRONMENTAL SETTING Energy consumption is analyzed in this analysis due to the potential direct and indirect environmental impacts associated with the Project. Such impacts include the depletion of nonrenewable resources (oil, natural gas, coal, etc.) during both the construction and long-term operational phases. Energy Types and Sources California relies on a regional power system comprised of a diverse mix of natural gas, renewable, hydroelectric, and nuclear generation resources. Natural gas provides California with a majority of its electricity followed by renewables, large hydroelectric and nuclear (CEC 2018). The Pacific Gas and Electric Company (PG&E) provides electricity and natural gas to the City of Fresno. It generates or buys electricity from hydroelectric, nuclear, renewable, natural gas, and coal facilities. PG&E provides natural gas and electricity to most of the northern two-thirds of California, from Bakersfield and Barstow to near the Oregon, Nevada and Arizona State Line. It provides 5.2 million people with electricity and natural gas across 70,000 square miles. In 2017, PG&E announced that 80 percent of the company's delivered electricity comes from GHG-free sources, including renewables, nuclear, and hydropower. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 2 May 2020 2020-063 ENERGY CONSUMPTION Electricity use is measured in kilowatt-hours (kWh), and natural gas use is measured in therms. Vehicle fuel use is typically measured in gallons (e.g. of gasoline or diesel fuel), although energy use for electric vehicles is measured in kWh. The electricity consumption associated with all non-residential uses in Fresno County from 2014 to 2018 is shown in Table 1. As indicated, the demand has remained constant since 2014. Table 1. Non-Residential Electricity Consumption in Fresno County 2014-2018 Year Electricity Consumption (kilowatt hours) 2018 4,907,627,753 2017 4,641,655,361 2016 4,962,678,732 2015 5,012,233,259 2014 4,981,363,605 Source: ECDMS 2019 The natural gas consumption associated with all non-residential uses in Fresno County from 2014 to 2018 is shown in Table 2. As indicated, the demand has increased since 2014. Table 2. Non-Residential Natural Gas Consumption in Fresno County 2014-2018 Year Natural Gas Consumption (therms) 2018 245,996,842 2017 238,870,384 2016 187,421,155 2015 202,520,120 2014 200,372,785 Source: ECDMS 2019 Automotive fuel consumption in Fresno County from 2015 to 2019 is shown in Table 3. Fuel consumption has slightly increased between 2015 and 2019. Table 3. Automotive Fuel Consumption in Fresno County 2015-2019 Year Total Fuel Consumption (gallons) 2019 543,845,188 2018 550,087,720 2017 555,088,621 2016 561,997,488 2015 540,947,408 Source: CARB 2017 ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 3 May 2020 2020-063 METHODOLOGY Levels of construction and operational related energy consumption estimated to be consumed by the Project include the number of kWh of electricity, therms of natural gas and gallons of gasoline. Modeling was based on Project specific information such as the estimated traffic trip generation rates from JLB Traffic Engineering, Inc. (2020) and Project site plans. Energy consumption estimates were calculated using the California Emissions Estimator Model (CalEEMod), version 2016.3.2. CalEEMod is a statewide land use computer model designed to quantify resources associated with both construction and operations from a variety of land use projects. ENERGY ANALYSIS Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? The impact analysis focuses on the four sources of energy that are relevant to the proposed Project: electricity, natural gas, the equipment-fuel necessary for Project construction, and the automotive fuel necessary for Project operations. Addressing energy impacts requires an agency to make a determination as to what constitutes a significant impact. There are no established thresholds of significance, statewide or locally, for what constitutes a wasteful, inefficient, and unnecessary consumption of energy for a proposed land use project. For the purpose of this analysis, the amount of electricity and natural gas estimated to be consumed by the Project is quantified and compared to that consumed by all land uses in Fresno County. Similarly, the amount of fuel necessary for Project construction and operations is calculated and compared to that consumed in Fresno County. The analysis of electricity gas usage is based on CalEEMod modeling conducted by ECORP Consulting (see May 2020 Emissions Memorandum), which quantifies energy use for Project operations. The amount of operational automotive fuel use was estimated using the CARB’s EMFAC2017 computer program, which provides projections for typical daily fuel usage in Fresno County. The amount of total construction- related fuel use was estimated using ratios provided in the Climate Registry’s General Reporting Protocol for the Voluntary Reporting Program, Version 2.1. Energy consumption associated with the proposed Project is summarized in Table 4. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 4 May 2020 2020-063 Table 4. Proposed Project Energy and Fuel Consumption Energy Type Annual Energy Consumption Percentage Increase Countywide Electricity Consumption1 236,006 kilowatt-hours 0.004 percent Natural Gas1 5,584 therms 0.002 percent Automotive Fuel Consumption Project Construction 20202 Project Construction 20212 Project Construction 20222 22,365 gallons 63,054 gallons 36,158 gallons 0.004 percent 0.011 percent 0.006 percent Project Operations3 42,633 gallons 0.007 percent Source: 1CalEEMod; 2Climate Registry 2016; 3EMFAC2017 (CARB 2017) Notes: The Project increases in electricity and natural gas consumption are compared with all of the non-residential buildings in Fresno County in 2018, the latest data available. The Project increases in automotive fuel consumption are compared with the countywide fuel consumption in 2019, the most recent full year of data. Operations of the proposed Culture and Arts Center would include electricity and natural gas usage from lighting, space and water heating, and landscape maintenance activities. As shown in Table 4, the annual electricity consumption due to operations would be 236,006 kilowatt-hours resulting in an approximate 0.004 percent increase in the typical annual electricity consumption attributable to all non-residential uses in Fresno County. However, this is potentially a conservative estimate. In September 2018 Governor Jerry Brown Signed EO B-55-18, which establishing a new statewide goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” Carbon neutrality refers to achieving a net zero CO2 emissions. This can be achieved by reducing or eliminating carbon emissions, balancing carbon emissions with carbon removal, or a combination of the two. This goal is in addition to existing statewide targets for GHG emission reduction. EO B-55-18 requires CARB to “work with relevant state agencies to ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.” Furthermore, the Project increases in natural gas usage, 0.002 percent, across all non-residential uses in the County would also be negligible. For these reasons, the Project would not result in the inefficient, wasteful, or unnecessary consumption of building energy. Fuel necessary for Project construction would be required for the operation and maintenance of construction equipment and the transportation of materials to the Project site. The fuel expenditure necessary to construct the physical building and infrastructure would be temporary, lasting only as long as Project construction. As further indicated in Table 4, the Project’s gasoline fuel consumption during the one-time construction period is estimated to be 22,365 gallons of fuel during 2020 construction, 63,054 gallons of fuel during 2021 construction, and 36,158 gallons of fuel during 2022 construction. This would increase the annual countywide gasoline fuel use in the county by 0.004 percent, 0.011 percent and 0.006 percent respectively. As such, Project construction would have a nominal effect on local and regional energy supplies. No unusual Project characteristics would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in the region or the state. Construction contractors would purchase their own gasoline and diesel fuel from local suppliers and would judiciously use fuel supplies to minimize costs due to waste and subsequently maximize profits. Additionally, construction equipment fleet turnover and increasingly stringent state and federal regulations on engine efficiency combined with state regulations limiting engine idling times and ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 5 May 2020 2020-063 requiring recycling of construction debris, would further reduce the amount of transportation fuel demand during Project construction. For these reasons, it is expected that construction fuel consumption associated with the Project would not be any more inefficient, wasteful, or unnecessary than other similar development projects of this nature. Per the Traffic Impact Analysis prepared by JLB Traffic Engineering, Inc (2020), the Project is estimated to generate a maximum of 296 daily trips. As indicated in Table 4, this would estimate to a consumption of approximately 42,633 gallons of automotive fuel per year, which would increase the annual countywide automotive fuel consumption by 0.007 percent. The amount of operational fuel use was estimated using CARB’s EMFAC2017 computer program, which provides projections for typical daily fuel usage in Fresno County. This analysis conservatively assumes that all of the automobile trips projected to arrive at the Project during operations would be new to Fresno County. Further, a liberal approach was taken for vehicle trip estimation to ensure potential impacts due to operational gasoline usage were adequately accounted. Fuel consumption associated with vehicle trips generated by the Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Would the Project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? The Project would be designed in a manner that is consistent with relevant energy conservation plans designed to encourage development that results in the efficient use of energy resources. The Project will be built to the Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6, of the California Code of Regulations (Title 24). Title 24 was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years; the 2013 standards became effective July 1, 2014. The 2016 Title 24 updates went into effect on January 1, 2017. The 2019 Energy Standards improve upon the 2016 Energy Standards for new construction of, and additions and alterations to, residential and nonresidential buildings. The 2019 update to the Energy Standards focuses on several key areas to improve the energy efficiency of newly constructed buildings and additions and alterations to existing buildings. The 2019 Energy Standards are a major step toward meeting Zero Net Energy. Buildings permitted on or after January 1, 2020, must comply with the 2019 Standards. Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments. Additionally, in January 2010, the State of California adopted the California Green Building Standards Code (CalGreen) that establishes mandatory green building standards for all buildings in California. The code was subsequently updated in 2013. The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and indoor environmental quality. Furthermore, the Project would also be consistent with the City’s General Plan, specifically Objective RC-8 which strives to reduce the consumption of non-renewable energy resources by requiring and encouraging conservation measures and the use of alternative energy sources. ECORP Consulting, Inc. Fresno Pacific University Culture and Arts Center Project 6 May 2020 2020-063 REFERENCES [CEC] California Energy Commission. 2018 (March). 2019 Building Energy Efficiency Standards: Frequently Asked Questions. http://www.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Building_Standa rds_FAQ.pdf . [CARB] California Air Resources Board 2017. EMFAC2017 Web Database Emissions Inventory. https://www.arb.ca.gov/emfac/2017/. Climate Registry. 2016. General Reporting Protocol for the Voluntary Reporting Program version 2.1. January 2016. http://www.theclimateregistry.org/wp-content/uploads/2014/11/General-Reporting-Protocol- Version-2.1.pdf [ECDMS] California Energy Commission 2019. California Energy Consumption Database. http://www.ecdms.energy.ca.gov/Default.aspx. ATTACHMENT A Energy Consumption Modeling Output THIS PAGE INTENTIONALLY LEFT BLANK. Proposed ProjectTotal Construction-Related and OperationalGasoline Usage ActionCarbon Dioxide Equivalents (CO2e) in Metric Tons1Conversion of Metric Tons to Kilograms2Construction Equipment Emission Factor2Total Gallons of Fuel Consumed Project Construction227 22700010.1522,365                         Per Climate Registry Equation 13ePer Climate Registry Equation 13eTotal Gallons Consumed During Project Construction:22,365          Notes:  Fuel used by all construction equipment, including vehicle hauling trucks, assumed to be diesel. Sources:1ECORP Consulting, 2020.2Climate Registry. 2016. General Reporting Protocol for the Voluntary Reporting Program version 2.1. January 2016. http://www.theclimateregistry.org/wp-content/uploads/2014/11/General-Reporting-Protocol-Version-2.1.pdfTotal Gallons During Project Operations 3AreaSub‐AreaCal. YearSeasonVeh_techEMFAC 2011 CategoryDaily TotalANNUAL TOTALSub‐AreasSan Bernardino2023AnnualAll VehiclesAll Vehicles 4116.80342,633.1Sources:3Californai Air Resource Board. 2017. EMFAC2017 Mobile Emissions Model. Notes:  4Excluding Heavy‐Duty Highway Trucks, T6 Agricultural Truck, T6 Instate Construction (heavy and small), T7 Agricultural Truck, T7 CAIRP Construction, T7 Single Construction, T7 Tractor Truck, and T7 Tractor ConstructionFuel_GAS Output0.116803Per CalEEMod Output Files.  Proposed ProjectTotal Construction-Related and OperationalGasoline Usage ActionCarbon Dioxide Equivalents (CO2e) in Metric Tons1Conversion of Metric Tons to Kilograms2Construction Equipment Emission Factor2Total Gallons of Fuel Consumed Project Construction640 64000010.1563,054                         Per Climate Registry Equation 13ePer Climate Registry Equation 13eTotal Gallons Consumed During Project Construction:63,054          Notes:  Fuel used by all construction equipment, including vehicle hauling trucks, assumed to be diesel. Sources:1ECORP Consulting, 2020.2Climate Registry. 2016. General Reporting Protocol for the Voluntary Reporting Program version 2.1. January 2016. http://www.theclimateregistry.org/wp-content/uploads/2014/11/General-Reporting-Protocol-Version-2.1.pdfPer CalEEMod Output Files.  Proposed ProjectTotal Construction-Related and OperationalGasoline Usage ActionCarbon Dioxide Equivalents (CO2e) in Metric Tons1Conversion of Metric Tons to Kilograms2Construction Equipment Emission Factor2Total Gallons of Fuel Consumed Project Construction367 36700010.1536,158                         Per Climate Registry Equation 13ePer Climate Registry Equation 13eTotal Gallons Consumed During Project Construction:36,158          Notes:  Fuel used by all construction equipment, including vehicle hauling trucks, assumed to be diesel. Sources:1ECORP Consulting, 2020.2Climate Registry. 2016. General Reporting Protocol for the Voluntary Reporting Program version 2.1. January 2016. http://www.theclimateregistry.org/wp-content/uploads/2014/11/General-Reporting-Protocol-Version-2.1.pdfPer CalEEMod Output Files.  THIS PAGE INTENTIONALLY LEFT BLANK. ATTACHMENT E MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 THIS PAGE INTENTIONALLY LEFT BLANK. MEIR Mitigation Measure Monitoring Checklist for EA No. P19-05782 June 2020 INCORPORATING MEASURES FROM THE MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) CERTIFIED FOR THE CITY OF FRESNO GENERAL PLAN UPDATE (SCH No. 2012111015) A - Incorporated into Project B - Mitigated C - Mitigation in Progress . D - Responsible Agency Contacted E - Part of City-wide Program F - Not Applicable The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for verifying that the mitigation measures applied to a project are performed. Project applicants are responsible for providing evidence that mitigation measures are implemented. As lead agency, the City of Fresno is responsible for verifying that mitigation is performed/completed. Page 1 This mitigation measure monitoring and reporting checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section 21081.6 of the Public Resources Code (PRC). It was certified as part of the Fresno City Council’s approval of the MEIR for the Fresno General Plan update (Fresno City Council Resolution 2014-225, adopted December 18, 2014). Letter designations to the right of each MEIR mitigation measure listed in this Exhibit note how the mitigation measure relates to the environmental assessment of the above-listed project, according to the key found at right and at the bottoms of the following pages: MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F Aesthetics: AES-1. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtu res shall also be used to direct light away from adjacent light sensitive land uses such as residences. Verification comments: Prior to issuance of building permits Public Works Department (PW) and Development & Resource Management Dept. (DARM) X X Aesthetics (continued): MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 2 AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Verification comments: Prior to issuance of building permits DARM X X AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Verification comments: Prior to issuance of building permits DARM X X AES-4: Lighting systems for freestanding signs shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT -L when adjacent to streets which have an average light intens ity of 2.0 horizontal footcandles or greater. Verification comments: Prior to issuance of building permits DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 3 Aesthetics (continued): AES-5: Materials used on building facades shall be non - reflective. Verification comments: Prior to development project approval DARM X Air Quality: AIR-1: Projects that include five or more heavy-duty truck deliveries per day with sensitive receptors located within 300 feet of the truck loading area shall provide a screening analysis to determine if the project has the potential to exceed criteria pollutant concentration based standards and thresholds for NO2 and PM2.5. If projects exceed screening criteria, refined dispersion modeling and health risk assessment shall be accomplished and if needed, mitigation measures to reduce impacts shall be included in the project to reduce the impacts to the extent feasible. Mitigation measures include but are not limited to: • Locate loading docks and truck access routes as far from sensitive receptors as reasonably possible considering site design limitations to comply with other City design standards. • Post signs requiring drivers to limit idling to 5 minutes or less. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 4 Air Quality (continued): AIR-2: Projects that result in an increased cancer risk of 10 in a million or exceed criteria pollutant ambient air quality standards shall implement site-specific measures that reduce toxic air contaminant (TAC) exposure to reduce excess cancer risk to less than 10 in a million. Possible control measures include but are not limited to: • Locate loading docks and truck access routes as far from sensitive receptors as reasonably possible considering site design limitations to comply with other City design standards. • Post signs requiring drivers to limit idling to 5 minutes or less • Construct block walls to reduce the flow of emissions toward sensitive receptors • Install a vegetative barrier downwind from the TAC source that can absorb a portion of the diesel PM emissions • For projects proposing to locate a new building containing sensitive receptors near existing sources of TAC emissions, install HEPA filters in HVAC systems to reduce TAC emission levels exceeding risk thresholds. • Install heating and cooling services at truck stops to eliminate the need for idling during overnight stops to run onboard systems. (continued on next page) Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 5 Air Quality (continued): AIR-2 (continued from previous page) • For large distribution centers where the owner controls the vehicle fleet, provide facilities to support alternative fueled trucks powered by fuels such as natural gas or bio-diesel • Utilize electric powered material handling equipment where feasible for the weight and volume of material to be moved. Verification comments: [see previous page] [see previous page] AIR-3: Require developers proposing projects on ARB’s list of projects in its Air Quality and Land Use Handbook (Handbo ok) warranting special consideration to prepare a cumulative health risk assessment when sensitive receptors are located within the distance screening criteria of the facility as listed in the ARB Handbook. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 6 Air Quality (continued): AIR-4: Require developers of projects containing sensitive receptors to provide a cumulative health risk assessment at project locations exceeding ARB Land Use Handbook distance screening criteria or newer criteria that may be developed by the San Joaquin Valley Air Pollution Control District (SJVAPCD). Verification comments: Prior to development project approval DARM X AIR-5: Require developers of projects with the potential to generate significant odor impacts as determined through review of SJVAPCD odor complaint history for similar facilities and consultation with the SJVAPCD to prepare an odor impact assessment and to implement odor control measures recommended by the SJVAPCD or the City to the extent needed to reduce the impact to less than significant. Verification comments: Prior to development project approval DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 7 Biological Resources: BIO-1: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special- status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special- status species. If special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Verification comments: Prior to development project approval DARM X X BIO-2: Direct or incidental take of any state or federally listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting ma y be required. Agency consultation through the California Department of Fish and Wildlife (CDFW) 2081 and U.S. Fish and Wildlife Service (USFWS) Section 7 or Section 10 permitting processes must take place prior to any action that (continued on next page) Prior to development project approval DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 8 Biological Resources (continued): BIO-2 (continued from previous page) may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impact s to a listed species will be determined on a case-by-case basis through agency consultation. Verification comments: [see previous page] [see previous page] BIO-3: Development within the Planning Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and the California Endangered Species Act (CESA). Mitigation will consist of preserving on-site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant (continued on next page) Prior to development project approval DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 9 Biological Resources (continued): BIO-3 (continued from previous page): level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. Verification comments: [see previous page] [see previous page] BIO-4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted to determine if any nesting birds or nesting activity is observed on or within 500-feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities (continued on next page) Prior to development project approval and during construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 10 Biological Resources (continued): BIO-4 (continued from previous page): may continue in the vicinity of the nest only at the discretion of the biological monitor. Verification comments: [see previous page] [see previous page] BIO-5: If a proposed project will result in the removal or impact to any riparian habitat and/or a special -status natural community with potential to occur in the Planning Area, compensatory habitat-based mitigation shall be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off - site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat -based mitigation will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by- case basis. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 11 Biological Resources (continued): BIO-6: Project impacts that occur to riparian habitat m ay also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. CDFW and/or USACE consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. Verification comments: Prior to development project approval DARM X BIO-7: Project-related impacts to riparian habitat or a special- status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special-status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special- status species, as determined by the CDFW and/or USFWS. Verification comments: Prior to development project approval DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 12 Biological Resources (continued): BIO-8: If a proposed project will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to U.S. Army Corps of Engineers (USACE) accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland. Verification comments: Prior to development project approval DARM X BIO-9: In addition to regulatory agency permitting, Best Management Practices (BMPs) identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and (continued on next page) Prior to development project approval; but for long-term operational BMPs, prior to issuance of occupancy DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 13 Biological Resources (continued): BIO-9 (continued from previous page): incorporating detention basins shall assist in ensuring project - related impacts to wetland habitat are minimized to the greatest extent feasible. Verification comments: [see previous page] [see previous page] Cultural Resources: CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall s top in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and (continued on next page) Prior to commencement of, and during, construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 14 Cultural Resources (continued): CUL-1 (continued from previous page) recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these . Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-germ preservation to allow future scientific study. Verification comments: [see previous page] [see previous page] CUL-2: Subsequent to a preliminary City review of th e project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric (continued on next page) Prior to commencement of, and during, construction activities DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 15 Cultural Resources (continued): CUL-2 (continued from previous page) archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 16 Cultural Resources (continued): CUL-2 (further continued from previous two pages) to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during (continued on next page) [see Page 14] [see Page 14] Cultural Resources (continued): MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 17 CUL-2 (further continued from previous three pages) excavation and/or construction activities, the procedure identified above for the discovery of unknown res ources shall be followed. Verification comments: [see Page 14] [see Page 14] CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered (continued on next page) Prior to commencement of, and during, construction activities DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 18 CUL-3 (continued from previous page) resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 19 Cultural Resources (continued): CUL-3 (further continued from previous two pages) resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Verification comments: [see Page 17] [see Page 17] CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most (continued on next page) Prior to commencement of, and during, construction activities DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 20 Cultural Resources (continued): CUL-4 (continued from previous page) likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 21 Hazards and Hazardous Materials HAZ-1: Re-designate the existing vacant land proposed for low density residential located northwest of the intersection of East Garland Avenue and North Dearing Avenue and located within Fresno Yosemite International Airport Zone 1-RPZ, to Open Space. Verification comments: Prior to development approvals DARM X HAZ-2: Limit the proposed low density residential (1 to 3 dwelling units per acre) located northwest of the airport , and located within Fresno Yosemite International Airport Zone 3-Inner Turning Area, to 2 dwelling units per acre or less. Verification comments: Prior to development approvals DARM X HAZ-3: Re-designate the current area within Fresno Yosemite International Airport Zone 5-Sideline located northeast of the airport to Public Facilities-Airport or Open Space. Verification comments: Prior to development approvals DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 22 Hazards and Hazardous Materials (continued): HAZ-4: Re-designate the current vacant lots at the northeast corner of Kearney Boulevard and South Thorne Avenue to Public Facilities-Airport or Open Space. Verification comments: Prior to development approvals DARM X HAZ-5: Prohibit residential uses within Safety Zone 1 northwest of the Hawes Avenue and South Thorne Avenue intersection. Verification comments: Prior to development approvals DARM X HAZ-6: Establish an alternative Emergency Operations Center in the event the current Emergency Operations Center is under redevelopment or blocked. Verification comments: Prior to redevelopment of the current Emergency Operations Center Fresno Fire Department and Mayor/ City Manager’s Office X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 23 Hydrology and Water Quality HYD-1: The City shall develop and implement water conservation measures to reduce the per capita water use to 215 gallons per capita per day. Verification comments: Prior to water demand exceeding water supply Department of Public Utilities (DPU) X HYD-2: The City shall continue to be an active participant in the Kings Water Authority and the implementa tion of the Kings Basin IRWMP. Verification comments: Ongoing DPU X HYD-5.1: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan collection systems to less than significant. • Implement the existing Storm Drainage Master Plan (SDMP) for collection systems in drainage areas where the amount of imperviousness is unaffected by the change in land uses. (continued on next page) Prior to exceedance of capacity of existing stormwater drainage facilities Fresno Metropolitan Flood Control District (FMFCD), DARM, and PW X X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 24 Hydrology and Water Quality (continued): HYD-5.1 (continued from previous page) • Update the SDMP in those drainage areas where the amount of imperviousness increased due to the change in land uses to determine the changes in the collection systems that would need to occur to provide adequate capacity for the stormwater runoff from the increased imperviousness. • Implement the updated SDMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness. Require developments that increase site imperviousness to install, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 25 Hydrology and Water Quality (continued): HYD-5.2: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan retention basins to less than significant: Consult the SDMP to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include: • Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins. • Increase the size of the emergency relief pump capacity required to pump excess runoff volume out of the basin and into adjacent canal that convey the stormwater to a disposal facility for existing retention basins. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins. Verification comments: Prior to exceedance of capacity of existing retention basin facilities FMFCD, DARM, and PW X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 26 Hydrology and Water Quality (continued): HYD-5.3: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan urban detention (stormwater quality) basins to less than significant. Consult the SDMP to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include: • Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors. • Increase the size of the urban detention basin to increase residence time by purchasing more land. The existing detention basins are already at the adopted design depth. • Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins. Verification comments: Prior to exceedance of capacity of existing urban detention basin (stormwater quality) facilities FMFCD, DARM, and PW X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 27 Hydrology and Water Quality (continued): HYD-5.4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan pump disposal systems to less than significant. • Consult the SDMP to determine the extent and degree to which the capacity of the existing pump system will be exceeded. • Require new developments to install, operate, and maintain FMFCD design standard on-site detention facilities to reduce peak stormwater runoff rates to existing planned peak runoff rates. • Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDMP. Verification comments: Prior to exceedance of capacity of existing pump disposal systems FMFCD, DARM, and PW X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 28 Hydrology and Water Quality (continued): HYD-5.5: The City shall work with FMFCD to develop and adopt an update to the SDMP for the Southeast Development Area that would be adequately designed to collect, convey and dispose of runoff at the rates and volumes which would be generated by the planned land uses in that area. Verification comments: Prior to development approvals in the Southeast Development Area FMFCD, DARM, and PW X Public Services: PS-1: As future fire facilities are planned, the fire department shall evaluate if specific environmental effects would occur. Typical impacts from fire facilities include noise, traffic, and lighting. Typical mitigation to reduce these impacts includes: • Noise: Barriers and setbacks on the fire department sites. • Traffic: Traffic devices for circulation and a “keep clear zone” during emergency responses. • Lighting: Provision of hoods and deflectors on lighting fixtures on the fire department sites. Verification comments: During the planning process for future fire department facilities DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 29 Public Services (continued): PS-2: As future police facilities are planned, the police department shall evaluate if specific environmental effects would occur. Typical impacts from police facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from police department facilities includes: • Noise: Barriers and setbacks on the police department sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on lighting fixtures on the police department sites. Verification comments: During the planning process for future Police Department facilities DARM X PS-3: As future public and private school facilities are planned, school districts shall evaluate if specific environmental effects would occur with regard to public schools, and DARM shall evaluate other school facilities . Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from school facilities includes: (continued on next page) During the planning process for future school facilities DARM, local school districts, and the Division of the State Architect X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 30 Public Services (continued): PS-3 (continued from previous page) • Noise: Barriers and setbacks placed on school sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on lighting fixtures for stadium lights. Verification comments: [see previous page] [see previous page] PS-4: As future parks and recreational facilities are planned, the City shall evaluate if specific environmental effects would occur. Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from park and recreational facilities includes: • Noise: Barriers and setbacks placed on school sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on lighting fixtures for outdoor play area/field lights. Verification comments: During the planning process for future park and recreation facilities DARM X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 31 Public Services (continued): PS-5: As future detention, court, library, and hospital facilities are planned, the appropriate agencies shall evaluate if specific environmental effects would occur. Typical impacts from court, library, and hospital facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts includes: • Noise: Barriers and setbacks placed on school sites. • Traffic: Traffic devices for circulation. • Lighting: Provision of hoods and deflectors on outdoor lighting fixtures. Verification comments: During the planning process for future detention, court, library, and hospital facilities DARM, to the extent that agencies constructing these facilities are subject to City of Fresno regulation X Utilities and Service Systems USS-1: The City shall develop and implement a wastewater master plan update. Verification comments: Prior to wastewater conveyance and treatment demand exceeding capacity DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 32 Utilities and Service Systems (continued): USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements: • Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment and Reclamation Facility and obtain revised waste discharge permits as the generation of wastewater is increased. • Construct an approximately 0.49 MGD expa nsion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased . Verification comments: Prior to exceeding existing wastewater treatment capacity DPU X USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After (continued on next page) Prior to exceeding existing wastewater treatment capacity DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 33 Utilities and Service Systems (continued): USS-3 (continued from previous page) approximately the year 2025, the City shall construct the following improvements: • Construct an approximately 24 MGD wastewater treatment facility within the Southeast Development Area and obtain revised waste discharge requirements as the generation of wastewater is increased. • Construct an approximately 9.6 MGD expansion of th e Regional Wastewater Treatment and Reclamation Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Verification comments: [see previous page] [see previous page] USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented, subject to approval by the City (and Fresno County, when work is being done in unincorporated area roadways). The plan shall identify access and parking restrictions, pavement markings and signage, and hours of construction and for deliveries. It shall include haul routes, the notification plan, and coordination with emergency service providers and schools. Verification comments: Prior to construction of water and sewer facilities PW for work in the City; PW and Fresno County Public Works and Planning when unincorporated area roadways are involved X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 34 Utilities and Service Systems (continued): USS-5: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. • Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27 inches to 42 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07-REP. • Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33 inches to 60 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1-REP and CM2-REP. (continued on next page) Prior to exceeding capacity within the existing wastewater collection system facilities DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 35 Utilities and Service Systems (continued): USS-5 (continued from previous page) • North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48 inches to 66 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1. • Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24 inches to 36 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 36 Utilities and Service Systems (continued): USS-6: Prior to exceeding capacity within the existing 28 pipeline segments shown in Figures 1 and 2 in Appendix J-1, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. Verification comments: Prior to exceeding capacity within the existing 28 pipeline seg- ments shown in Figures 1 and 2 in Appendix J-1 of the MEIR DPU X USS-7: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. • Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update (2014 Metro Plan Update) Phase 2 Report, dated January 2012. (continued on next page) Prior to exceeding existing water supply capacity DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 37 Utilities and Service Systems (continued): USS-7 (continued from previous page) • Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Verification comments: [see previous page] [see previous page] USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided by approximately 2025. • Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. (continued on next page) Prior to exceeding capacity within the existing water conveyance facilities DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 38 Utilities and Service Systems (continued): USS-8 (continued from previous page) • Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9 -1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. • Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 39 Utilities and Service Systems (continued): USS-8 (continued from previous two pages) • Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch diameter, in accordance with Chapter 9 and Figure 9 -1 of the 2014 Metro Plan Update. • Construct 95.9 miles of 16-inch diameter transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Verification comments: [see Page 37] [see Page 37] USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. (continued on next page) Prior to exceeding capacity within the existing water conveyance facilities DPU X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 40 Utilities and Service Systems (continued): USS-9 (continued from previous page) • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. • Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. Verification comments: [see previous page] [see previous page] Utilities and Service Systems - Hydrology and Water Quality USS-10: In order to maintain Fresno Irrigation District canal operability, FMFCD shall maintain operational intermittent flows during the dry season, within defined channel capacity and downstream capture capabilities, for recharge. Verification comments: During the dry season Fresno Irrigation District (FID) X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 41 Utilities and Service Systems - Biological Resources: USS-11: When FMFCD proposes to provide drainage service outside of urbanized areas: (a) FMFCD shall conduct preliminary investigations on undeveloped lands outside of highly urbanized areas. These investigations shall examine wetland hydrology, vegetation and soil types. These preliminary investigations shall be the basis for making a determination on whether or not more in -depth wetland studies shall be necessary. If the proposed project site does not exhibit wetland hydrology, support a prevalence of wetland vegetation and wetland soil types then no further action is required. (b) Where proposed activities could have an impact on areas verified by the Corps as jurisdictional wetlands or waters of the U.S. (urban and rural streams, seasonal wetlands, and vernal pools), FMFCD shall obtain the necessary Clean Water Act, Section 404 permits for activities where fill material shall be placed in a wetland, obstruct the flow or circulation of waters of the United States, impair or reduce the reach of such waters. As part of FMFCD’s Memorandum of Understanding with CDFG, Section 404 and 401 permits would be obtained from the U.S. Army Corps of Engineers and from the (continued on next page) Prior to development approvals outside of highly urbanized areas California Regional Water Quality Control Board (RWQCB), and USACE X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 42 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous page) Regional Water Quality Control Board for any activity involving filling of jurisdictional waters). At a minimum, to meet “no net loss policy,” the permits shall require replacement of wetland habitat at a 1:1 ratio. (c) Where proposed activities could have an im pact on areas verified by the Corps as jurisdictional wetlands or waters of the U.S. (urban and rural streams, seasonal wetlands, and vernal pools), FMFCD shall submit and implement a wetland mitigation plan based on the wetland acreage verified by the U.S. Army Corps of Engineers. The wetland mitigation plan shall be prepared by a qualified biologist or wetland scientist experienced in wetland creation, and shall include the following or equally effective elements: i. Specific location, size, and existing hydrology and soils within the wetland creation area. ii. Wetland mitigation techniques, seed source, planting specifications, and required buffer setbacks. In addition, the mitigation plan shall ensure adequate water supply is provided to the created wetlands in order to maintain the proper (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 43 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous two pages) hydrologic regimes required by the different types of wetlands created. Provisions to ensure the wetland water supply is maintained in perpetuity shall be included in the plan. iii. A monitoring program for restored, enhanced, created, and preserved wetlands on the project site. A monitoring program is required to meet three objectives; 1) establish a wetland creation success criteria to be met; 2) to specify monitoring methodology; 3) to identify as far as is possible, specific remedial actions that will be required in order to achieve the success criteria; and 4) to document the degree of success achieved in establishing wetland vegetation. (d) A monitoring plan shall be developed and implemented by a qualified biologist to monitor results of any on-site wetland restoration and creation for five years. The monitoring plan shall include specific success criteria, frequency and timing of monitoring, and assessment of whether or not maintenance activities are being carried out and how these shall be adjusted if necessary. (continued on next page) [see Page 41] [see Page 41] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 44 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous three pages) If monitoring reveals that success criteria are not being met, remedial habitat creation or restoration should be designed and implemented by a qualified biologist and subject to five years of monitoring as described above. Or (e) In lieu of developing a mitigation plan that outlines the avoidance, purchase, or creation of wetlands, FMFCD could purchase mitigation credits through a Corps approved Mitigation Bank. Verification comments: [see Page 41] [see Page 41] USS-12: When FMFCD proposes to provide drainage service outside in areas that support seasonal wetlands or vernal pools: (a) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools, FMFCD shall conduct a preliminary rare plant assessment. The assessment will determine the likelihood on whether or not the project site could support rare plants. If it is determined that the project site would not support rare plants, then no further (continued on next page) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools California Department of Fish & Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 45 Utilities and Service Systems - Biological Resources (continued): USS-12 (continued from previous page) action is required. However, if the project site has the potential to support rare plants; then a rare plant survey shall be conducted. Rare plant surveys shall be conducted by qualified biologists in accordance with the most current CDFG/USFWS guidelines or protocols and shall be conducted at the time of year when the plants in question are identifiable. (b) Based on the results of the survey, prior to design approval, FMFCD shall coordinate with CDFG and/or implement a Section 7 consultation with USFWS, shall determine whether the project facility would result in a significant impact to any special status plant species. Evaluation of project impacts shall consider the following: • The status of the species in question (e.g., officially listed by the State or Federal Endangered Species Acts). • The relative density and distribution of the on-site occurrence versus typical occurrences of the species in question. (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 46 Utilities and Service Systems - Biological Resources (continued): USS-12 (continued from previous two pages) • The habitat quality of the on-site occurrence relative to historic, current or potential distribution of the population. (c) Prior to design approval, and in consultation with the CDFG and/or the USFWS, FMFCD shall prepare and implement a mitigation plan, in accordance with any applicable State and/or federal statutes or laws, that reduces impacts to a less than significant level. Verification comments: [see Page 44] [see Page 44] USS-13: When FMFCD proposes to provide drainage service outside in areas that support seasonal wetlands or vernal pools: (a) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools, FMFCD shall conduct a preliminary survey to determine the presence of listed vernal pool crustaceans. (continued on next page) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools CDFW and USFWS X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 47 Utilities and Service Systems - Biological Resources (continued): USS-13 (continued from previous page) (b) If potential habitat (vernal pools, seasonally inundated areas) or fairy shrimp exist within areas proposed to be disturbed, FMFCD shall complete the first and second phase of fairy shrimp presence or absence surveys. If an absence finding is determined and accepted by the USFWS, then no further mitigation shall be required for fairy shrimp. (c) If fairy shrimp are found to be present within vernal pools or other areas of inundation to be impacted by the implementation of storm drainage facilities, FMFCD shall mitigate impacts on fairy shrimp habitat in accordance with the USFWS requirements of the Programmatic Biological Opinion. This shall include on-site or off-site creation and/or preservation of fairy shrimp habitat at ratios ranging from 3:1 to 5:1 depending on the habitat impacted and the choice of on -site or off-site mitigation. Or mitigation shall be the purchase of mitigation credit through an accredited mitigation bank. Verification comments: [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 48 Utilities and Service Systems - Biological Resources (continued): USS-14: When FMFCD proposes to construct drainage facilities in an area where elderberry bushes may occur: (a) During facility design and prior to initiation of construction activities, FMFCD shall conduct a project- specific survey for all potential Valley Elderberry Longhorn Beetle (VELB) habitats (elderberry shrubs), including a stem count and an assessment of historic or current VELB habitat. (b) FMFCD shall avoid and protect all potential identified VELB habitat where feasible. (c) Where avoidance is infeasible, develop and implement a VELB mitigation plan in accordance with the most current USFWS mitigation guidelines for unavoidable take of VELB habitat pursuant to either Section 7 or Section 10(a) of the Federal Endangered Species Act. The mitigation plan shall include, but might not be limited to, relocation of elderberry shrubs, planting of elderberry shrubs, and monitoring of relocated and planted elderberry shrubs. Verification comments: During facility design and prior to initiation of construction activities CDFW and USFWS X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 49 Utilities and Service Systems - Biological Resources (continued): USS-15: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat, FMFCD shall conduct a survey of trees. If nests are found during the survey, a qualified biolog ist shall assess the nesting activity on the project site. If active nests are located, no construction activities shall be allowed within 250 feet of the nest until the young have fledged. If construction activities are planned during the no n-breeding period (August through February), a nest survey is not necessary. Verification comments: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat CDFW and USFWS X USS-16: When FMFCD proposes to construct drainage facilities in an area that supports bird nesting habitat: (a) FMFCD shall conduct a pre-construction breeding- season survey (approximately February 1 through August 31) of proposed project sites in suitable habitat (levee and canal berms, open grasslands with suitable burrows) during the same calendar year that construction is planned to begin. If phased construction procedures are planned for the proposed project, the results of the above survey shall be valid only for the season when it is conducted. (continued on next page) Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat CDFW and USFWS X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 50 Utilities and Service Systems - Biological Resources (continued): USS-16 (continued from previous page) (b) During the construction stage, FMFCD shall avoid all burrowing owl nest sites potentially disturbed by project construction during the breeding season while the nest is occupied with adults and/or young. The occupied nest site shall be monitored by a qualified biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a 160-foot diameter non-disturbance buffer zone around the nest site. Disturbance of any nest sites shall only occur outside of the breeding season and when the nests are unoccupied based on monitoring by a qualified biologist. The buffer zone shall be delineated by highly visible temporary construction fencing. Based on approval by CDFG, pre-construction and pre- breeding season exclusion measures may be implemented to preclude burrowing owl occupation of the project site prior to project-related disturbance. Burrowing owls can be passively excluded from potential nest sites in the construction area, either by closing the burrows or placing one-way doors in the burrows according to current CDFG protocol. Burrows shall be examined not more than 30 days before construction to ensure that no owls have recolonized the area of construction. (continued on next page) [see previous page] [see previous page] MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 51 Utilities and Service Systems - Biological Resources (continued): USS-16 (continued from previous two pages) For each burrow destroyed, a new burrow shall be created (by installing artificial burrows at a ratio of 2:1 on protected lands nearby. Verification comments: [see Page 49] [see Page 49] USS-17: When FMFCD proposes to construct drainage facilities in the San Joaquin River corridor: (a) FMFCD shall not conduct instream activities in the San Joaquin River between October 15 and April 15. If t his is not feasible, FMFCD shall consult with the National Marine Fisheries Service and CDFW on the appropriate measures to be implemented in order to protect listed salmonids in the San Joaquin River. (b) Riparian vegetation shading the main channel that is removed or damaged shall be replaced at a ratio and quantity sufficient to maintain the existing shading of the channel. The location of replacement trees on or within (continued on next page) During instream activities conducted between October 15 and April 15 National Marine Fisheries Service (NMFS), CDFW, and Central Valley Flood Protection Board (CVFPB) X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 52 Utilities and Service Systems / Biological Resources (continued): USS-17 (continued from previous page) FMFCD berms, detention ponds or river channels shall be approved by FMFCD and the Central Valley Flood Protection Board. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Recreation / Trails: USS-18: When FMFCD updates its District Service Plan: Prior to final design approval of all elements of the District Services Plan, FMFCD shall consult with Fresno County, City of Fresno, and City of Clovis to determine if any element would temporarily disrupt or permanently displace adopted existing or planned trails and associated recreational facilities as a result of the proposed District Services Plan. If the proposed project would not temporarily disrupt or permanently displace adopted existing or planned trails, no further mitigation is necessary. If the proposed project would have an effect on the trails and associated facilities, FMFCD shall implement the following: (continued on next page) Prior to final design approval of all elements of the District Services Plan DARM, PW, City of Clovis, and County of Fresno X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 53 Utilities and Service Systems – Recreation / Trails (continued): USS-18 (continued from previous page) (a) If short-term disruption of adopted existing or planned trails and associated recreational facilities occur, FMFCD shall consult and coordinate with Fresno County, City of Fresno, and City of Clovis to temporarily re-route the trails and associated facilities. (b) If permanent displacement of the adopted existing or planned trails and associated recreational facilities occur, the appropriate design modifications to prevent permanent displacement shall be implemented in the final project design or FMFCD shall replace these facilities. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Air Quality: USS-19: When District drainage facilities are constructed, FMFCD shall: (a) Minimize idling time of construction equipment vehicles to no more than ten minutes, or require that engines be shut off when not in use. (continued on next page) During storm water drainage facility construction activities Fresno Metropolitan Flood Control District and SJVAPCD X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 54 Utilities and Service Systems – Air Quality (continued): USS-19 (continued from previous page) (b) Construction shall be curtailed as much as possible when the Air Quality Index (AQI) is above 150. AQI forecasts can be found on the SJVAPCD web site. (c) Off-road trucks should be equipped with on-road engines if possible. (d) Construction equipment should have engines that meet the current off-road engine emission standard (as certified by CARB), or be re-powered with an engine that meets this standard. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Adequacy of Storm Water Drainage Facilities: USS-20: Prior to exceeding capacity within the existing storm water drainage facilities, the City shall coordinate with FMFCD to evaluate the storm water drainage system and shall not approve additional development that would convey additional storm water to a facility that would experience an exceedance of capacity until the necessary additional capacity is provided. Verification comments: Prior to exceeding capacity within the existing storm water drainage facilities FMFCD, PW, and DARM X X MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-05782 June 2020 MITIGATION MEASURE WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program B - Mitigated D - Responsible Agency Contacted F - Not Applicable Page 55 Utilities and Service Systems – Adequacy of Water Supply Capacity: USS-21: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development th at demand additional water until additional capacity is provided. By approximately the year 2025, the City shall construct an approximately 25,000 AF/year tertiary recycled water expansion to the Fresno- Clovis Regional Wastewater Reclamation Facility in accordance with the 2013 Recycled Water Master Plan and the 2014 City of Fresno Metropolitan Water Resources Management Plan update. Implementation of Mitigation Measure USS-5 is also required prior to approximately the year 2025. Verification comments: Prior to exceeding existing water supply capacity DPU and DARM X X Utilities and Service Systems – Adequacy of Landfill Capacity: USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Verification comments: Prior to exceeding landfill capacity DPU and DARM X THIS PAGE INTENTIONALLY LEFT BLANK. 2 of 3 Fresno City Hall, 2600 Fresno Street, Fresno 93721, is hereby fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the Council and be heard in relation thereto. 2. The Council elects to proceed under the provisions of Chapter 3, commencing with Section 8320, of the Public Streets, Highways, and Service Easements Vacation Law of the State of California (California Street and Highways Code Sections 8300 et seq.). 3. The Public Works Director of the City is directed to cause notices of the proposed vacation to be published and posted for the time and in the manner prescribed by the provisions of Sections 8322 and 8323 of the California Streets and Highways Code. 4. The Council preliminarily determines that the public street proposed to be vacated is not useful as a bicycle path or route under applicable general, specific, or community plans and policies. If the Council does not rescind such preliminary determination, based on evidence or public testimony presented to it, orally or in writing, at or before the May 13, 2021, hearing, the Council may proceed to make a final determination, at the public hearing, that the public street be vacated as provided herein. * * * * * * * * * * * * * * 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Kristi Costa Date Deputy City Attorney Attachments: Exhibits “A” through “C” PW File No. 12631 Easement to be Abandoned Legal Descriptions P:\214-0318\Site\Survey\Processed_Data\LLA\VPM Exhibit A.doc Blair, Church & Flynn Consulting Engineers The land referred to herein is situated in the City of Fresno, County of Fresno, State of California and described as follows: Those portions of Lots 78, 79, 80 and 81 of the Map of Tract No. 1552 “Campus Homes” according to the map recorded in Volume 18 of Plats at Page 76, Fresno County Records being more particularly described as follows: The West 20 feet of Lots 79 and 80. Together with the North 8 feet of Lots 78 and 79. Also together with the South 8 feet of Lots 80 and 81. EXHIBIT "A' EXHIBIT “C” VACATION CONDITION OF APPROVAL The following condition must be met before the vacation resolution can be recorded: 1. The Pacific Gas and Electric Company (PG&E) does not approve this proposed vacation. PG&E has existing facilities located within the subject public utility easement. This vacation cannot be recorded without their approval. A relocation plan must be approved by PG&E before an approval can be granted. The relocation area may require providing PG&E a utility easement. If you have any question regarding this condition, please contact Mike Galvan of PG&E at (559) 263-5649. 2. Comcast does not approve this proposed vacation. Comcast has existing facilities located within the subject public utility easement. This vacation cannot be recorded without their approval. A relocation plan must be approved by Comcast before an approval can be granted. The relocation area may require providing Comcast a utility easement. The proposed abandonment will cut services to several buildings on the Fresno Pacific University campus. Please contact Cory Sue of Comcast at (559) 455-4221. 3. The City of Fresno Planning and Development Services understands that this proposed vacation is for the purpose of facilitating a future project (Development Permit Number P19-05782), which proposes the development of a new auditorium and theater for Fresno Pacific University. An Environmental Assessment will be prepared for the purpose of the proposed project, and conditions related to the relocation of any utility services will be required in conjunction with project approvals. If this vacation occurs prior to project approval, an independent environmental analysis will be required. If you have any question regarding this condition, please contact Will Tackett at (559) 621- 8063. 4. The City of Fresno Engineering Services Division requires that any work within the public right of way for undergrounding of utilities, relocation of a public utility easement, or vacation of the public utility easement will need to be reviewed and approved by engineering services. If you have any question regarding this condition, please contact Francisco Magos at (559) 621-8679. 5. The proposed street vacation area lies within the Fresno Metropolitan Flood Control District's Drainage Area "A". There are no existing facilities or propose Master Plan facilities within the proposed vacation area. The District requires that the Master Plan drainage patterns remain as designed for the proposed vacation area. Any proposed revisions to existing District facilities must be reviewed and approved by the District prior to implementation. If you have any questions regarding this matter, please do not hesitate to contact Gary Chapman at (559) 456-3292. 6. The City of Fresno Department of Public Utilities has an existing 10-inch sewer main within the proposed area to be vacated. This sewer main will need to be relocated. Engineered utility improvement plans will need to be submitted and approved prior to approval. Please contact Kevin Gray at (559) 621-8553 for further details. PW File 12631 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-424,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION - Of Intention to Annex Final Tract Map No. 6266 as Annexation No. 123 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 13, 2021, at 10:05 am (territory surrounded by North Blythe, North Santa Fe, and West Sierra Avenues) (Council District 2) RECOMMENDATION Adopt Resolution of Intention to Annex Final Tract Map No. 6266 to City of Fresno Community Facilities District No. 11 (CFD No. 11). EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno to have Final Tract Map No. 6266 annexed to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. The cost for the Services for these improvements is $193.11 per lot annually for Fiscal Year 2020-2021. Final Tract Map No. 6266 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, May 13, 2021, at 10:05 am, and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND On November 15, 2005, the Council of the City of Fresno adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund public maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-424,Version:1 street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No. 6266 annexed to CFD No. 11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to the landscaping, trees and irrigation systems within the median in North Santa Fe Avenue, including the concrete curbs, gutters, valley gutters, major street median capping and maintenance band, sidewalks, and curb ramps, street name signage, street lighting, and local street paving associated with this subdivision. (See attached Location and Feature Maps.) Final Tract Map No. 6266 is not a phased map and is located entirely within City limits. The attached Resolution initiates the annexation process, sets the public hearing on this matter for Thursday, May 13, 2021, at 10:05 am, sets the Maximum Special Tax at $193.11 annually per residential lot for Fiscal Year 2020-2021 and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 11 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. LOCAL PREFERENCE Local preference was not implemented, as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the subject tract. Attachments: City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-424,Version:1 Location Map Feature Map Resolution of Intention City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-441,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:SCOTT TYLER, PE, Public Works Manager Public Works Department, Engineering Division SUBJECT Actions pertaining to the Rebid Armstrong and Lane Traffic Signal Project - Bid File No. 3769 (Council District 5) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15301, 15302, and 15303 of the California Environmental Quality Act guidelines 2. Award a construction contract in the amount of $385,100.00 to Lee Contractors and Consultants, Inc., of Nipomo, California RECOMMENDATIONS Staff recommends that the City Council adopt a finding of Categorical Exemption pursuant to Sections 15301, 15302, and 15303 of the California Environmental Quality Act (CEQA) guidelines and award of a construction contract to Lee Contractors and Consultants, Inc., in the amount of $385,100 as the lowest responsive and responsible bidder for the Armstrong and Lane Traffic Signal Project, and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno seeks to install a traffic signal at the intersection of Armstrong Avenue and Lane Avenue. The Scope of work includes installation of sidewalk, curb and gutter, accessible curb ramps, and traffic signal equipment. This project will enhance the vehicle and pedestrian operations at this intersection and will facilitate pedestrian traffic to and from nearby John S. Wash Elementary School. This project is funded by local funds provided by the Road Maintenance and Rehabilitation Program established by Senate Bill 1 (SB-1). BACKGROUND City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-441,Version:1 The City of Fresno Public Works Department identified a need for a traffic signal at the intersection of Armstrong Avenue and Lane Avenue. The design began following the Public Works Department approval of the consultant contract with Willdan Engineering on April 2, 2019. The preliminary engineering design took approximately one year and eight months to complete. The Notice Inviting Bids was advertised and published in the Business Journal on January 8, 2021, and posted on the City’s website. Six (6) building exchanges received the Notice Inviting Bids. The specifications were distributed to fourteen (14) prospective bidders. Three (3) sealed bid proposals were received and opened in a public bid opening on February 9, 2021, with the bids ranging from $385,100 to $711,420. Lee Contractors and Consultants, Inc., is deemed the lowest responsive and responsible bidder. The apparent low bid price was 7.3% below the Construction Allocation. The bids will expire 64 days after the bid opening on April 14, 2021. If the bids are rejected, the project will be rebid resulting in a delay of approximately 60 days. Staff is recommending award of a construction contract to Lee Contractors and Consultants, Inc., in the amount of $385,100 to construct the Armstrong and Lane Traffic Signal Project and to authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. The City Attorney’s office has reviewed and approved to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines, Sections 15301, 15302, and 15303 because the project consists of reconstruction of ADA ramps and installation of traffic signal facilities, crosswalks, signage and pavement striping without increasing capacity or relocating any existing structures or facilities. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local Preference was not implemented because bids received from local businesses exceeded the local preference amount pursuant to the Fresno Municipal Code Section 4-108(c). FISCAL IMPACT The Armstrong and Lane Traffic Signal Project is located in Council District 5. The overall cost of the project is $608,446 and is locally funded by SB1 Gas Tax. Of the overall budget of the project, $385,100 will be used for the construction contract award. The project will have no impact to the General Fund. Attachments: Bid Evaluation Fiscal Impact Statement Environmental Assessment No. P19-03641 Standardized Contract City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-441,Version:1 Vicinity Map City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P19-03641 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT(S): City of Fresno, Department of Public Works C/O John Honey, Professional Engineer 2600 Fresno Street, Room 4016 Fresno, California 93721-3604 PROJECT LOCATION: The intersection of South Armstrong Avenue and East Lane Avenue (See Exhibit A). PROJECT DESCRIPTION: Environmental Assessment Application No. P19-03641 pertains to 0.94 acres at the intersection of South Armstrong and East Lane Avenues and proposes traffic signal installations. The project also includes new ADA compliant curb ramps, sidewalks, curbs, and gutters, street lights, ITS equipment, signage, and striping. This project is exempt under Section 15301/Class 1, Section 15302/Class 2, and Section 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines as follows: Section 15301/Class 1 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 expan sion of existing use. The key consideration is whether the project involves negligible or no expansion of use. Examples include but are not limited to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other similar alterations that do not create additional automobile lanes. Section 15302/Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. Section 15303/Class3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to an other where only minor modifications are made in the exterior of the structure. Examples of this exemption include, but are not limited to, water main, sewage, electrical, gas, and other utility extensions, including street improvements of reasonable lengt h to serve such construction. The proposed project for a traffic signal installation with removal of flashing lights, and related improvements including new ADA compliant curbs ramps, sidewalk, curb and gutter, street lights, ITS equipment, as well as signage and striping involves negligible or no expansion of an existing use. The project will not add or remove travel lanes. Proposed modification, upgrades, and improvements are minor and made on the exterior of the existing structures and facilities. Modification, and upgrades as a result of this project will be located on the same site as the existing structures and facilities. The proposed installation of a new City of Fresno traffic signal at the intersection of Armstrong and Lane Avenues meets the criteria noted above. Based on staff analysis, it has been determined that no adverse environmental impacts will occur as a result of the proposed project. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. Date: August 21, 2019 Submitted by: ________________________________ Jared Dalley, Planner City of Fresno, Planning and Development Department (559) 621-8041 Exhibit A Project area - 1 - DPW-S 23.0 Formal PWI/07-30-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. - 2 - DPW-S 23.0 Formal PWI/07-30-18 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page. - 3 - DPW-S 23.0 Formal PWI/07-30-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy No signature of City Attorney required. Standard Document #DPW-S 23.0 has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Armstrong and Lane Traffic Signal Project N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00839 Council District: 5 Armstrong and Lane Traffic Signal Project City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-443,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:JESUS AVITIA, PE, Deputy City Engineer/Special Projects Program Manager Public Works Department, Special Projects Section SUBJECT Actions pertaining to the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project (Council Districts 1 and 7) 1. Approve Amendment No. 1 to Cooperative Project Agreement, Grade Separation Program (GSP), Blackstone & McKinley BNSF Grade Separation Project, in the amount of $2,119,938.00, with the Fresno County Transportation Authority 2. Approve a Consultant Services Agreement with AECOM Technical Services, Inc. for $6,483,786.23, with a $325,000.00 contingency, to obtain Professional Engineering services for design and construction support RECOMMENDATIONS Staff recommends that the City Council approve Amendment No. 1 to Cooperative Project Agreement, Grade Separation Program (GSP), Blackstone & McKinley BNSF Grade Separation Project, in the amount of $2,119,938.00, with the Fresno County Transportation Authority (FCTA), approve a Consultant Services Agreement with AECOM Technical Services, Inc. for $6,483,786.23, with a $325,000.00 contingency, to obtain Professional Engineering services for design and construction support for the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project and authorize the Public Works Director or designee to execute the agreements on behalf of the City of Fresno. EXECUTIVE SUMMARY The Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project will eliminate two existing at-grade crossings by grade separating North Blackstone Avenue and East McKinley Avenue under the BNSF Mainline Track. On June 25, 2020, the Fresno City Council authorized the City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-443,Version:1 under the BNSF Mainline Track. On June 25, 2020, the Fresno City Council authorized the Department of Public Works to enter into a Cooperative Project Agreement with FCTA to fund the Preliminary Engineering phase of the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project. In preparation to support the accelerated project schedule, Public Works Staff, with the support of FCTA, has determined an amendment to the Cooperative Project Agreement for $2,119,938.00 would be necessary to allow the Project team to begin preliminary right of way efforts while aggressively pursuing utility relocation design efforts. The proposed Professional Engineering services contract with AECOM Technical Services, Inc. in the amount of $6,483,786.23, with a $325,000.00 contingency, will facilitate the design and construction support services necessary to complete the project. BACKGROUND The City has long-planned for future grade separations at locations with high traffic volumes, such as the BNSF crossing at Shaw Avenue, which was grade-separated nearly 20 years ago. In the early 1970s, the City prepared a grade separation study, including many citywide locations, such as Blackstone Avenue and McKinley Avenue. In FY2020, staff completed an update of the Blackstone Avenue and McKinley Avenue Grade Separation Feasibility Study. The Blackstone Avenue and McKinley Avenue corridors serve as primary routes by the community, the City’s Bus Rapid Transit system, emergency vehicles, and is also part of the Blackstone Smart Mobility Plan providing Class IV protected bike lanes along Blackstone Avenue through the project area. The Blackstone Avenue and McKinley Avenue project location has experienced the highest traffic volumes and number of accidents of any at-grade crossing on the BNSF corridor. The City is now moving the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project forward from the feasibility planning stage into the preliminary engineering design stage. The 2006 Measure “C” Expenditure Plan included a percentage of the transportation sales tax revenue to be dedicated to Rail Consolidation, which was then converted by the FCTA Board to the Measure “C” Grade Separation Program in April 2020. At their April 22, 2020 meeting, the FCTA Board also selected the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project as the highest priority project and approved a Cooperative Project Agreement. The Cooperative Project Agreement was later approved by City Council on June 25, 2020. In preparation to support the accelerated project schedule, Public Works Staff, with the support of FCTA, has also determined an amendment to the Cooperative Project Agreement for $2,119,938.00 would be necessary to allow the Project team to begin preliminary right of way efforts while aggressively pursuing utility relocation design efforts. In accordance with Administrative Order (AO) 6-19, staff sent out Request for Qualifications (RFQ) for Professional Engineering services in July 2020 via Planet Bids, email and published in the Business Journal. At the closing of the advertisement period the RFQ received six responses. City staff evaluated each Statement of Qualifications (SOQ) and shortlisted 4 teams for interviews on September 3, 2020. At the conclusion of the evaluation period AECOM Technical Services, Inc. was selected as the most qualified consultant for this contract. Staff negotiated a fee of $6,483,786.23 for Professional Engineering services to perform for design and construction support for the Blackstone Avenue and McKinley Avenue BNSF Grade Separation Project. The agreement also includes an additional $325,000.00 contingency to be used for any additional work outside of the existing scope of services, and contingent on the director’s approval asCity of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-443,Version:1 additional work outside of the existing scope of services, and contingent on the director’s approval as set forth in the executed agreement. The City Attorney’s Office has reviewed and approved the agreements as to form. ENVIRONMENTAL FINDINGS This project is statutorily exempt per Sections 21080.13(a) of the California Public Resources Code, and 15282(g) of the California Environmental Quality Act (CEQA) Guidelines. LOCAL PREFERENCE Local preference was implemented; AECOM has a local office and has partnered with other Fresno firms. FISCAL IMPACT This request will have no impact to the General Fund. All project costs for the engineering design phase will be paid by Measure “C” Grade Separation Program funds. All funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. Attachments: Amendment No. 1 to Cooperative Project Agreement AECOM Consultant Agreement Vicinity Map City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ Page 1 AMENDMENT NO. 1 TO COOPERATIVE PROJECT AGREEMENT Grade Separation Program (GSP) Blackstone & McKinley BNSF Grade Separation Project This Amendment No. 1 to the Cooperative Agreement for the Blackstone & McKinley BNSF Grade Separation Project, is made and entered into the day of , 2021 by and between the Fresno County Transportation Authority ("Authority") and the City of Fresno (“Responsible Agency”). 1. PARTIES. The Authority and the City of Fresno are collectively referred to herein as "the Parties". 2. RECITALS. 2.1 WHEREAS, the Parties entered into the Cooperative Project Agreement for Blackstone & McKinley BNSF Grade Separation Project (“Agreement”), dated April 22,, 2020, for funding of a transportation improvement project (“Project”) in Fresno County pursuant to the Measure “C” Grade Separation Program (“GSP”), and the Measure “C” Expenditure Plan (“Expenditure Plan”), which was approved by the voters of Fresno County in November, 2006; and, WHEREAS, Authority is authorized to approve and revise Project funding for payment to Responsible Agency in accordance with the Agreement, the Measure “C” GSP, and the Expenditure Plan regarding the Blackstone & McKinley BNSF Grade Separation Project.; and, WHEREAS, the Agreement provided that Authority shall provide funding to Responsible Agency from the GSP for eligible Project costs in an amount “not to exceed” $6,000,000 of Measure “C” funding for Project Approval & Environmental Document (PA/ED) and Design Phases of the project (as applicable). 2.2 The Parties now desire to amend the statements defining and delineating the Project Scope, Project Schedule and Project Funding Program, as set forth in the original Agreement, based on the following: • Responsible Agency desires to proceed with Phase 2 Right of Way and requests partial allocation of an additional $2,119,938 which will increase the total cumulative funding allocated to this project to a “not-to-exceed” amount of $8,119,938. Such additional Measure “C” GSP funding will allow the project to proceed further toward completion of the Blackstone & McKinley BNSF Grade Separation Project, per the revised Exhibits as more thoroughly described in Section 3.1 of this Amendment No. 1. 3. TERMS. Page 2 3.1 Exhibit “A” (Project Scope), Exhibit “B” (Project Schedule) and Exhibit “C” (Project Funding Program), which hereinafter shall be referenced collectively the “Original Exhibits” as set forth in Section 1.1 of the original Agreement, and which were fully incorporated therein by the provisions of Section 3.23 thereof, shall be and are hereby replaced by Exhibit “A1” (Project Scope), Exhibit “B1” (Project Schedule), and Exhibit “C1” (Project Funding Program), which are attached hereto and incorporated herein by this reference, commencing upon the Effective Date of this Amendment No. 1 to the Agreement. 3.2 All work performed by the Responsible Agency under the Agreement prior to the Effective Date of this Amendment No. 1 shall be governed by and compensated pursuant to the Original Exhibits and pursuant to the terms of the original Agreement. All work performed commencing on or after the Effective Date of this Amendment No. 1 shall be performed and compensated pursuant to the attached Exhibits A1, B1, and C1, and the terms of the Agreement as modified by this Amendment No. 1. 3.3 Effective Date. The Effective Date of this Amendment No.1 to the Agreement shall be 12:01 a.m. of the day following the date upon which it is signed by the Parties. In the event this Amendment No. 1 to the Agreement is signed by the Parties on different dates, the Effective Date shall be 12:01 a.m. of the day following that date upon which it is signed by the second of the Parties. 3.4 All other terms and conditions contained in the Cooperative Project Agreement are unaffected by this Amendment No. 1 and shall remain in full force and effect. Measure “C” Grade Separation Program | Project Scope – Exhibit A1 EXHIBIT A1 – PROJECT SCOPE Blackstone McKinley BNSF Grade Separation Responsible Agency City of Fresno Project Limits The project limits East Mckinley Avenue from N. Glenn Avenue to N. Effie Street and North Blackstone Avenue from E. Pine Avenue to E. University Avenue. Project Phase (Choose the Project Phase(s) applicable to this Agreement) Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] Phase 2 - Right-of-Way Acquisition Phase 3 - Construction (Includes Project Construction & Construction Management) Project Phase(s) Scope (Provide detail to describe the Phase(s) that is the subject of this Agreement as checked above) The project will eliminate two existing at-grade crossings by grade separating N. Blackstone Avenue and E. McKinley Avenue under the BNSF Mainline Track. The project will require Right of Way acquisitions, utility relocations, will be compatible and complementary to the “Better Blackstone” Initiative and the South Blackstone Smart Mobility Strategy. The project will improve on-time service performance for the City’s Bus Rapid Transit Service and remedy traffic for Fresno City College located at the northwest quadrant of the Blackstone and McKinley intersection. Phase 1 includes preliminary design/engineering (PS&E) and environmental review and approval. This agreement encompasses Phase 1 and Phase 2 through Amendment No. 1. Complete Project Scope (Provide detail to describe all phases of the Project - It is important for the Authority to understand the scope of the entire Project; not just the Project phase(s) that is described above). Phase 1 will begin with the design consultant RFQ process in June 2020 with design starting in April 2021. Phase 1 includes preliminary design/engineering (PS&E) and environmental review and approval. Phase 2 includes ROW acquisition and will begin after approval of the preliminary environmental study (CEQA). Phase 3 will be initiated after completion of Phase 2 and relocation of existing utilities. Phase 3 involves construction of the Project, the associate traffic control operations and construction management activities. Project Purpose The purpose of this project is to provide for improved mobility by grade separating the existing at-grade crossings at N. Blackstone Ave and E. McKinley Ave. along the BNSF Mainline. Transportation Benefit The project will improve air quality, reduce blocking delays, traffic congestion, and eliminate Train/Pedestrian/Vehicle interaction thereby improving safety and travel time for motorists, transit services, bicyclists and pedestrians. Implications of Not Doing the Project The existing at-grade crossings create an average of 250 blocking delays per week, averaging over 2 minutes per delay event, creating unnecessary idle times for cars and commercial trucking. The Blackstone Avenue/McKinley Avenue intersection supports multiple FAX Bus routes including the Blackstone Ave. BRT Route. Without the grade separation, Train/Vehicle/Pedestrian interface will continue contributing to air pollution, decreased level of service and potential loss of life due to suicides or vehicle/train incidents. Community Engagement The project limits are within a moderately populated residential area. Residents, businesses, and property owners will be informed of the Project’s status and schedule through Project newsletters, public information meetings, the City’s website and local media. Construction Staging Construction phasing may be implemented due to the potential impacts on adjacent residences, businesses, schools, which use these streets to access their property. Detours During construction of this Project, which includes utility relocation, railroad shooflies, and grade separation construction , traffic will be encouraged to use north/south collectors Palm and First Avenues, and east/west arterial Shields Avenue. Access to residences, businesses, and schools will be provided and maintained throughout construction using alternative routes via Fresno, Clinton, and Weldon Avenues. Current Status Phase 1 has started with the City hiring AECOM to prepare PS&E documents and Phase 2 can begin as the comment period for the CEQA Notification filed on July 30, 2020 is over and therefore CEQA is complete. Phase 3 construction will be initiated after completion of Phase 2 and relocation of existing utilities. Contact For inquiries, you may contact Scott Mozier, P.E., Public Works Director, City of Fresno Public Works Dept. at (559) 621-8811. Measure “C” Grade Separation Program | Project Schedule – Exhibit B1 EXHIBIT B1 – PROJECT SCHEDULE Blackstone McKinley BNSF Grade Separation Replace information below with information for subject project phase Responsible Agency City of Fresno Project Limits The project limits East Mckinley Avenue from N. Glenn Avenue to N. Effie Street and North Blackstone Avenue from E. Pine Avenue to E. University Avenue. Project Phase (Choose all applicable to this Agreement) Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] Phase 2 - Right-of-Way Acquisition Phase 3 - Construction (Includes Project Construction & Construction Management) Contact For inquiries, you may contact Scott Mozier, P.E., Public Works Director, City of Fresno Public Works Dept. at (559) 621-8811. Project Schedule (Double click on Table below to complete for all Project phases – It is important for the Authority to understand the schedule for the entire Project; not just the Project phase(s) that is checked above and the subject of this Agreement. Revise Fiscal Years in table below to reflect schedule for all phases of the Project) PROJECT PHASE START END 2020/21 2021/22 2022/23 2023/24 2024/25 J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J Prelim. Eng.*1 Prior Prior 1. Prelim. Design 2. PS&E 3. Environ. Doc. Prior Prior 4. Other (Explain) 5. Other (Explain) Right-of-Way *2 2020/21 2022/23 1. Parcel Research 2. Appraisal 3. Acquisition 4. Other (Explain) 5. Other (Explain) Construction *3 2022/23 2025/26 1. Relocation of Utilities 2. Bid/Award Project 3. Construction 4. Project Closeout 5. Other (Explain) *1 Preliminary Engineering: Preliminary Design/Engineering (PS/E), Environmental *2 Right-of-Way Acquisition *3 Project Construction & Construction Management Measure “C” Grade Separation Program | Project Schedule – Exhibit C1 EXHIBIT C1 – PROJECT SCHEDULE Blackstone McKinley BNSF Grade Separation Replace information below with information for subject project phase Responsible Agency City of Fresno Project Limits The project limits East Mckinley Avenue from N. Glenn Avenue to N. Effie Street and North Blackstone Avenue from E. Pine Avenue to E. University Avenue. Project Phase (Choose all applicable to this Agreement – funding for the phase(s) must be fully funded at the time that the agreement is approved by the Authority and the Responsible Agency) Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] Phase 2 - Right-of-Way Acquisition Phase 3 - Construction (Includes Project Construction & Construction Management) Contact For inquiries, you may contact Scott Mozier, P.E., Public Works Director, City of Fresno Public Works Dept. at (559) 621-8650. Funding Program ($ in millions) (Double click on Table on the following page to complete for all Project phases – It is important for the Authority to understand the funding program for the entire Project; not just the Project phase(s) that is checked above and the subject of this Agreement). 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 Preliminary Engineering *1 2020/21 2022/23 $0.000 $6.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $6.000 FUNDING PROGRAM Measure "C" Original Program $0.000 Measure "C" Regional $0.000 RTMF $0.000 STIP $0.000 TCRP $0.000 Local Development Fees $0.000 Federal Aid $0.000 Other State - State Cash $0.000 Measure "C" GSP 2020/21 2022/23 $6.000 $6.000 Other Local (Specify)$0.000 Other Local (Specify)$0.000 TOTAL FUNDING PHASE 1:$0.000 $6.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $6.000 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 Right-of-Way *2 2020/21 2022/23 $0.000 $2.119 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $2.119 FUNDING PROGRAM Measure "C" Original Program $0.000 Measure "C" Regional $0.000 RTMF $0.000 STIP $0.000 TCRP $0.000 Local Development Fees $0.000 Federal Aid $0.000 Other State - State Cash $0.000 Measure "C" GSP 2021/22 2022/23 $2.119 $2.119 Other Local (Specify)$0.000 Other Local (Specify)$0.000 TOTAL FUNDING PHASE 2:$0.000 $2.119 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $2.119 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 Construction *3 2022/23 2025/26 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 FUNDING PROGRAM Measure "C" Original Program $0.000 Measure "C" Regional $0.000 RTMF $0.000 STIP $0.000 TCRP $0.000 Local Development Fees $0.000 Federal Aid $0.000 Other State - State Cash $0.000 Measure "C" GSP 2022/23 2025/26 $0.000 Other Local (Specify)$0.000 Other Local (Specify)$0.000 TOTAL FUNDING PHASE 3:$0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 TOTAL FUNDING ALL PHASES:$0.000 $8.119 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $0.000 $8.119 *1 Preliminary Engineering: Preliminary Design/Engineering (PS/E), Environmental *2 Right-of-Way Acquisition *3 Project Construction & Construction Management PROJECT PHASE START YEAR END YEAR PRIOR COST & FUNDING TOTAL COST & FUNDING PROJECT PHASE START YEAR END YEAR PRIOR COST & FUNDING TOTAL COST & FUNDING NEW ALLOCATION PROJECT PHASE START YEAR END YEAR PRIOR COST & FUNDING TOTAL COST & FUNDING NEW ALLOCATION SHORT-TERM PROGRAM FY 2020/21 - 2031/32 SHORT-TERM PROGRAM FY 2020/21 - 2031/32 NEW ALLOCATION SHORT-TERM PROGRAM FY 2020/21 - 2031/32 PW00937 BNSF Blackstone McKinley GS Design Contract -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the ____ day of April, 2021 by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and AECOM Technical Services, Inc. (hereinafter referred to as "CONSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional engineering services for the design of plans and general construction contract documents for BNSF Blackstone McKinley Grade Separation Project hereinafter referred to as the “Project;” and WHEREAS, CONSULTANT is engaged in the business of furnishing services as an engineering firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Public Works Department Director (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. A separate Notice to Proceed will be issued for each of the Deliverable Tasks. The term “Deliverable Task” used herein shall mean CONSULTANT’S work product developed for and provided to the CITY in the course of performing under the AGREEMENT or agreed to be provided to the CITY under the AGREEMENT by the CONSULTANT, its directors, officers, employees, agents, partners, affiliates, or subconsultants, as further defined to be any services, any and all concepts, drawings, maps, plans, diagrams, designs, estimates, pictures, data specification, reports, techniques, ideas, information, documentation and other materials, however recorded, developed or provided but not limited by the work product described in Exhibit A; resulting from the services that are provided by CONSULTANT to CITY during the course of CONSULTANT’S performance of the AGREEMENT. CITY may, at its discretion, issue concurrent Notice’s to Proceed, allowing CONSULTANT to perform concurrent Deliverable Tasks. By entry into this Agreement and upon CITY’S issuance of a written "Notice to Proceed," CITY contracts for the services in the first Deliverable Task. CONSULTANT shall not perform any other Deliverable Task of the Agreement, and this Agreement shall not be a contract for any other Deliverable Task, until further performance is authorized by CITY’S issuance of a written “Notice to Proceed.” It shall, however, remain CONSULTANT’S offer to perform all Deliverable Tasks described herein. In the event CONSULTANT performs services without CITY’S prior written authorization, CONSULTANT will not be entitled to compensation for such services. PW00937 BNSF Blackstone McKinley GS Design Contract -2- (a) The scope of work to be performed by the Consultant is defined in Exhibit A. Exhibit A also identifies those portions of the scope of work that shall be performed by the City. (b) CONSULTANT shall conduct studies and investigations as necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible CITY department/division that is available in CITY’S records and is required by CONSULTANT in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions and easements. CONSULTANT shall notify CITY if a topographic survey is required. (c) CONSULTANT shall provide a preliminary evaluation of the Project taking into consideration CITY’S estimate of the cost of construction (“Construction Budget”) of Forty Seven Million Five Hundred Seventy Seven Thousand Five Hundred Forty One Dollars ($47,577,541.000), including alternative approaches to design and construction of the Project. (d) Based upon the mutually agreed upon Project requirements and any adjustments authorized by CITY in the Construction Budget, CONSULTANT shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by CITY staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (e) CONSULTANT shall submit a preliminary estimate of construction cost for review and acceptance by CITY. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include CONSULTANT’S compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (h) CONSULTANT shall make as many submittals as may be necessary or desirable to obtain the acceptance by CITY and shall assist CITY in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY. (i) CONSULTANT may not rely upon any as-builts provided by CITY, but shall investigate the existing conditions and ascertain the adequacy of such as-builts for CONSULTANT'S design. CONSULTANT shall bring to CITY'S attention any discrepancies in the as-builts that are discovered by CONSULTANT. CITY makes no representations regarding any as-builts. PW00937 BNSF Blackstone McKinley GS Design Contract -3- (f) CONSULTANT shall submit a revised estimate of construction cost for review and acceptance by CITY. The revised estimates shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (g) In the event that the revised estimates of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which were identified in previous estimates as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the revised estimates and CONSULTANT shall, at no additional cost to CITY, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by CITY. CITY shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in CONSULTANT’S compensation. (j) CONSULTANT shall prepare from the accepted preliminary design documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. CONSULTANT shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by CITY. CONSULTANT shall cooperate with, assist and be responsive to CITY’S Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. CITY’S Standard Specifications must be used by CONSULTANT where possible. Final drawings shall be drawn, printed or reproduced by a process providing a permanent record in black onmylar. Bid, general conditions, contract and bond document forms or formats regularly used by CITY shall be used by CONSULTANT unless the Director determines they would be impractical for this Project. CONSULTANT shall be responsible for assuring that the special conditions, technical specifications and any other documents prepared by CONSULTANT are consistent with any documents regularly used by CITY that are used for this Project. (k) Upon request of CITY, CONSULTANT shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (l) CONSULTANT shall make as many submittals as may be necessary or desirable to obtain the acceptance by CITY and shall assist CITY in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY. PW00937 BNSF Blackstone McKinley GS Design Contract -4- (m) CONSULTANT shall provide CITY with sets of completed plans and sets of completed specifications for review and acceptance by CITY with each Deliverable Task as described in Exhibit A. Should the plans and specifications as submitted by CONSULTANT not be accepted by CITY, CONSULTANT shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to CITY. (n) After acceptance of final corrections, CONSULTANT shall provide CITY with one set of accepted reproducible tracings and bid documents for the Project. In addition, CONSULTANT shall provide CITY with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: AutoCAD 2018 for the Plans and Word 2016 . (o) CONSULTANT shall submit a final estimate of construction cost for review and acceptance by CITY. Such estimate shall be calculated as of the date all general construction contract documents are delivered to CITY in final form ready for reproduction and advertising. Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (p) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the previously accepted estimates as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the final estimate. If CITY elects to reject the final estimate, CONSULTANT shall at no additional cost to CITY, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by CITY. (q) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within the specified calendar days for each Deliverable Task described within Exhibit A from the issuance of a Notice to Proceed for each Deliverable Task unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within the specified calendar days in Exhibit A from receipt of CITY’S comments unless an extension of time is approved in writing by the Director. (r) CONSULTANT shall assist CITY in obtaining bids. CONSULTANT shall not communicate with potential bidders regarding this Project without the express prior written authorization of CITY’S Purchasing Manager. (s) CONSULTANT shall, within 7 calendar days of any request by CITY, expeditiously draft and promptly provide addendum as determined by CITY to be reasonable or necessary for the bidding process. PW00937 BNSF Blackstone McKinley GS Design Contract -5- (t) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by CITY, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, CONSULTANT shall, within 14 calendar days or as otherwise mutually agreed of any request by CITY, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to CITY provided such bid is received within 180 calendar days after completion of services in this Agreement. CONSULTANT shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to CITY Design Services for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to CONSULTANT from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more that 10%. (u) CONSULTANT shall attend the pre-bid and pre-construction conferences and, if called upon by CITY, act on CITY’S behalf in discussing the various aspects of the construction phase. (v) CONSULTANT shall review and recommend in writing to CITY acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for CONSULTANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by CITY, CONSULTANT and the general construction contractor. (w) CONSULTANT shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep CITY informed of the progress of the work. In the event that CONSULTANT’S visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, CONSULTANT shall immediately advise CITY and document, in writing, the work CONSULTANT deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on CONSULTANT’S best knowledge, information and belief, CONSULTANT shall provide CITY a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, CONSULTANT shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to CITY’S right to overrule CONSULTANT. (x) Upon written request by CITY, CONSULTANT shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (y) Upon written request by CITY, CONSULTANT shall render written recommendations on change orders, claims, disputes or other questions arising out of the general construction contract, in a timely manner. Recommendations by CONSULTANT in favor of a change order that is consequently accepted by CITY shall constitute approval by CONSULTANT who shall then approve the change order in writing. CONSULTANT PW00937 BNSF Blackstone McKinley GS Design Contract -6- shall not unreasonably withhold written approval in the event CITY accepts a change order that CONSULTANT recommended to be rejected. In the event of any technical disputes, CONSULTANT shall provide CITY with CONSULTANT’S written interpretation of the contract documents. The period for CONSULTANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by CITY, CONSULTANT and the general construction contractor. If CITY, CONSULTANT and the respective general construction contractor are unable to mutually agree on such period for CONSULTANT review, then CITY will make the determination and that determination will be final. (z) Upon written request by CITY, CONSULTANT shall provide such design and specification services as may be requested by CITY to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by CONSULTANT. (aa) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in CONSULTANT’S compensation. (bb) Upon written request of CITY, CONSULTANT shall assist CITY in the preparation of Progress Payment Estimates and other related construction reports. (cc) CONSULTANT shall provide CITY with two sets of original as-grade plans wet-stamped and signed by the CONSULTANT’S Engineer of Record for the Project submitted for final approval by the CITY’s Building and Safety Services Division of the Planning and Development Department on all projects located outside the Right of Way. (dd) CONSULTANT shall prepare Record Drawings by updating the accepted Final construction documents to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the CITY, (iii) CONSULTANT provided Request for Information responses, and (iv) any CONSULTANT bulletins, amendments or clarifications. CONSULTANT shall provide CITY with one set of Mylars Record Drawings for the Project within 90 calendar days from receipt of red- lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within 14 calendar days from receipt of CITY comments unless an extension of time is approved in writing by the Director. In addition, CONSULTANT shall provide CITY with one complete set of CAD/System disk files of Record Drawings in the following format: AutoCAD 2018 for the Plans and Word 2016. 2. CITY’S responsibilities. CITY will: (a) Provide the Scope of Services identified as City Provided (and or Responsibility) as defined in Exhibit A. It is mutually agreed that any delays in City Provided Services shall cause an adjustment to the Consultant time durations defined herein and in Exhibit A. PW00937 BNSF Blackstone McKinley GS Design Contract -7- (b) Provide, upon request and cooperation of CONSULTANT, access to, and make all provisions necessary to, enter upon public or private lands as required for CONSULTANT to perform such services and inspections as are required in development of the Project; provided, however, if CITY is unable to obtain access to enter upon public or private lands, CONSULTANT shall not be relieved from performing its services as to those public and private lands that are accessible. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITY. (f) Prepare all change orders during construction in cooperation with CONSULTANT. (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANT’S best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in CONSULTANT’S program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director. 3. Compensation. PW00937 BNSF Blackstone McKinley GS Design Contract -8- (a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Six Million Four Hundred Eighty Three Thousand Seven Hundred Eighty Six Dollars and Twenty Three Cents ($6,483,786.23), and a contingency amount not to exceed Three Hundred Twenty Five Thousand Dollars ($325,000) for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. Such statements shall be for an amount no greater than the cumulative budget attributable to all City authorized Deliverable Tasks as provided in Exhibit A. It is mutually agreed that the Consultant will not be limited to the budget assigned to each individual Deliverable Task, however, statements will not exceed the total cumulative budget for all Deliverables Tasks authorized to date. Statements shall provide a breakdown of costs by Deliverable Task. If funds need to be moved from one task to another it shall be with City’s concurrence and shall be noted on the statement when such a transfer occurs. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. PW00937 BNSF Blackstone McKinley GS Design Contract -9- (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence. (g) CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY’S option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or PW00937 BNSF Blackstone McKinley GS Design Contract -10- default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSULTANT will be at CITY’S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law including California Civil Code section 2782, CONSULTANT shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, CONSULTANT or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. CONSULTANT 'S obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If CONSULTANT should subcontract all or any portion of the work to be performed under this Contract, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. CONSULTANT is responsible for any and all insurance and indemnification required by BNSF. If CONSULTANT should subcontract all or any portion of the work performed under this Contract, CONSULTANT shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 8. Insurance. PW00937 BNSF Blackstone McKinley GS Design Contract -11- (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. PW00937 BNSF Blackstone McKinley GS Design Contract -12- During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY’S PW00937 BNSF Blackstone McKinley GS Design Contract -13- Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact CITY’S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. (b) Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) CONSULTANT’S services pursuant to this Agreement shall be provided under the supervision of Richard Stockton, and he/she shall not assign another to supervise CONSULTANT’S performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, PW00937 BNSF Blackstone McKinley GS Design Contract -14- ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. PW00937 BNSF Blackstone McKinley GS Design Contract -15- (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be PW00937 BNSF Blackstone McKinley GS Design Contract -16- waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be PW00937 BNSF Blackstone McKinley GS Design Contract -17- modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. / / / / / / / / / PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 1 of 54 AECOM Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (“City”) and AECOM Technical Services, Inc(“Consultant”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE SCOPE OF WORK (including Deliverables Tasks) Consultant Service Agreement between City of Fresno (“City”) and AECOM (“Consultant”) Engineering Services for Blackstone McKinley Burlington Northern Santa Fe (BNSF) Railroad Grade Separation Project The AECOM Team has prepared this Scope of Work based on the City of Fresno’s (City) Request for request for qualifications dated July 17, 2020, the AECOM statement of qualifications dated August 21, 2020, the AECOM presentation to the City’s interview panel on September 3, 2020, and a scoping meetings with City Public Works Department staff. This is a complex project involving evaluation of many alternatives for several functions/disciplines. Additionally, there are various identified optional services within this Scope of Work that may be necessary or desirable to complete the delivery process of this project. The variation of alternatives and optional services amount to a level of uncertainty in the fee to delivery this Scope of Work. In an effort to manage and control project development costs associated with this Scope of Work, a contingency budget has been established based on the fee to deliver the defined optional services noted herein, and to account for fees for services that will vary dependent upon alternatives evaluations or other unknown factors. Optional services would be provided upon negotiated scope and fee at the time of needed services. Variations to services due to unknown factors as may be experienced will be coordinated with the City as they materialize and funded through negotiations. Funding would be obtained from the contingency budget for such services and only upon negotiated fee and a separate notice to proceed from the City for each service. The Scope of Work will be authorized by the City in “Deliverable Task Orders” as described in the table below. Deliverable TASK ORDER NO. TASK DESCRIPTON (Deliverable tied to Duration) DURATION (Calendar Days from NTP) RESUBMITTAL (Calendar Days) TASK ORDER BUDGET TOTAL NTE BUDGET P1 PROJECT PRELIM STUDIES, REPORTS, & CONCEPTUAL DESIGN, DESIGN DECISION DOCUMENT 235 14 $1,450,158.52 $1,450,158.52 PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 2 of 54 (Draft Design Decision Document) U1 75% UTILITY PS&E PREP, SUBMITTAL & ACCEPTANCE (75% Utility Relocation PS&E) 310 21 $274,297.56 $1,724,456.08 GS1 30% GS PS&E PREP, SUBMITTAL & ACCEPTANCE (30% Grade Separation Plans) 150 28 $698,673.81 $2,423,129.89 U2 FINAL UTILITY PS&E SUBMITTAL & ACCEPTANCE (Final Utility Relocation PS&E) 100 21 $155,079.65 $2,578,209.54 GS2 60% GS PS&E PREP, SUBMITTAL & ACCEPTANCE (60% Grade Separation PS&E) 270 28 $1,757,737.16 $4,335,946.70 U3 UTILITY RELOCATION BIDDING, CONSTRUCTION SUPPORT, and CLOSEOUT (Overall Duration not controlled by Consultant) (RFI’s, Contractor Submittals, Addendum) - N/A - As Indicated in Construction Contract Specifications or Utility Agreements -N/A -N/A $202,126.90 $4,538,073.60 GS3 90% GS PS&E PREP, SUBMITTAL & ACCEPTANCE (90% Grade Separation PS&E) 160 28 $1,140,769.97 $5,678,843.57 GS4 FINAL PS&E PREP, SUBMITTAL & ACCEPTANCE (Final Grade Separation PS&E) 140 28 $342,761.86 $6,021,605.43 GS5 GS BIDDING, CONSTRUCTION SUPPORT, RECORD DRAWINGS, and PROJECT CLOSEOUT (Overall Duration not controlled by Consultant) (RFI’s, Contractor Submittals, Addendum) - N/A - As Indicated in Construction Contract Specifications -N/A -N/A $462,180.81 $6,483,786.23 PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 3 of 54 PHASES P1, U1, U2, U3, GS1, GS2, GS3, GS4, GS5 TASK 1 PROJECT MANAGEMENT Task 1.1 Project Management Plan (P1, U1, U2, U3, GS1, GS2, GS3, GS4 & GS5) Task 1.1.1 PDT Meetings (P1, U1, U3, GS1, GS2 & GS4) AECOM Team members will meet with the City and Project Development Team (PDT) members monthly throughout the project development to discuss project development progress, perform general project coordination across parties’ various interests, review the project Action Log and discuss resolutions. A total of 20 meetings are anticipated from notice to proceed to the completion of final design for meeting. Establish Project Development Team (PDT) / Stakeholder List AECOM will coordinate with the City to identify key stakeholders to coordinate with during project development. AECOM will establish a stakeholder contract list for use throughout project development. Task 1.1.2 Project Schedule (P1, U1, U3, GS1, GS2 & GS4) AECOM will develop a baseline project schedule showing each task, start and end dates, and task duration. This schedule will be updated and coordinated with the City as appropriate. AECOM will notify the City immediately of any problems that could adversely impact the project schedule. Task 1.1.3 Invoicing with Progress Reports (P1, U1, U3, GS1, GS2, GS4 & GS5) AECOM will prepare and submit Progress Summary Reports to the City each month. The progress summary reports will identify work completed to date, work anticipated for the next month, and action items necessary to keep the project on track and moving forward, in bullet point format. AECOM will also maintain the schedule to forecast workload on the project including design, environmental, right-of-way and permitting activities. AECOM will provide internal quality control on products submitted to the City. Quality control checkpoints will be shown on the project schedule. Task 1.1.4 Risk Management / Risk Register (P1, U1, U3, GS1, GS2 & GS4) AECOM will develop Risk Register to manage identified risks by various categories involving Design, Construction, Environmental, Funding, Geotechnical, Materials, Organizational, Project Management, Railroad, Right of Way, Stakeholders, Surveys, Traffic, and Utilities. Each risk under each category will include a risk response involving: Accept, Avoid, Enhance, Exploit, Share, Mitigate, or Transfer. These risks will be evaluated and managed throughout project development by an appropriately assigned risk owner who will be responsible to monitor and manage the risk to PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 4 of 54 resolution or retirement. This risk management operation is instrumental in establishing a budget contingency for construction. Task 1.1 Deliverables • Meeting agendas and notes • Progress Schedules (updated as needed) • PDT Stakeholder Contact List • Progress Reports with Invoices (monthly) Task 1.2 Project Development (P1, U1, U3, GS1, GS2, GS4 & GS5) Task 1.2.1 Field Review and Gather Data (P1) AECOM will coordinate an initial field review with the City’s Project Manager, and other project stakeholders to review the proposed project and to highlight and record significant project features. AECOM will conduct a visual on-site field investigation to identify existing conditions and establish preliminary design assumptions and parameters. AECOM will review any as-built information on file and will also confer with the City as necessary to confirm project assumptions and physical project limits of work. Task 1.2.2 Conduct Kick-Off Meeting (P1) AECOM will coordinate a kick-off meeting with the City, and any other project stakeholders that may be appropriate to thoroughly discuss the project background, verify scope, concepts, schedule, and management. This meeting will result in an understanding amongst the project stakeholders as to the project scope and schedule, and major project issues that have already been identified by project stakeholders will be shared at this meeting. The City will deliver any additional project information available to the AECOM Team at the kick-off meeting. Task 1.2.3 Coordination with City Departments and Other Agencies (P1, U1, U3, GS1, GS2 & GS4) The AECOM Team will coordinate with City Departments, the California Public Utilities Commission (CPUC), Burlington Northern Santa Fe Railroad (BNSF), Amtrak, Fresno Municipal Flood Control District (FMFCD), Fresno Irrigation District (FID), State Center Community College District (SCCCD), Fresno County Transportation Authority (FCTA), Fresno Council of Governments (FCOG), the City Fire Department, and other agencies throughout the project duration as described herein to obtain approval of the project. Task 1.2.4 Stakeholders/Community Outreach Plan Execution (P1, U1, U3, GS1, GS2, GS4 & GS5) Considering social distancing requirements due to COVID-19, the AECOM Team will be focusing on outreach strategies that can be completed in environments that will keep participants safe, while still providing the valuable input needed for the successful delivery of the Blackstone McKinley Burlington Northern Santa Fe Railroad (BNSF) Grade Separation Project (Project). The AECOM Public Outreach Team is composed of AECOM, and VRPA Technologies, Inc. (VRPA). The AECOM Team will use a combination of traditional in-person and online outreach strategies that have been PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 5 of 54 successfully adapted to a virtual environment. Should there be positive developments in the fight against COVID-19, and social distancing requirements are lifted, the AECOM Team has the flexibility to implement traditional in-person community engagement. All community engagement activities for the Project will be designed to be equitable for area residents, businesses, and other stakeholders. Additionally, VRPA is a Certified Trained PublicInput.com Partner and has the capability of deploying the software’s full circle public engagement (Meetings, Email, Social Media, Text or SMS Messaging, Online Forums, Surveys) to maximize the effectiveness of public engagement and education for the Project. Coordination with City Communications Office (P1, U1, U3, GS1, GS2 & GS4) The AECOM Team will meet with staff from the City’s Communications Office and Fresno County Transportation Authority (FCTA) to establish strong working relationships, expectations, and guidelines for project noticing, public meetings, and responses to public inquiries. The Team will work with the City and FCTA to provide for two-way communication opportunities for both the public and the media. Content for communications and public information will be coordinated and disseminated across many different channels including the City’s website, social media sites, e-notifications, print notifications, virtual or in-person meetings, and via local media reports. Public Information Meetings scheduled by the City’s Communications Office will be led by AECOM Team members in support of City and FCTA staff. In coordination with the City and FCTA, the AECOM Team will prepare content for Public Information Meeting exhibits, presentations, and documentation with AECOM responsible for design and graphic presentation for related meeting materials. Materials will be presented in multilingual formats and interpretation (American Sign Language, hard-of-hearing, language) services will be available upon request. Meetings to include:  City | FCTA Communications Kick-off Meeting  Construction Kick-off Meeting with the public hosted by the PIO Office  One (1) Construction PIO Meeting with the public hosted by the PIO Office  Up to six (6) Internal PIO Status Meetings  Optional: Six (6) Construction PIO Meetings with the public hosted by the PIO Office and up to twelve (12) Internal PIO Status Meetings Stakeholder Database (P1) The AECOM Team will coordinate with City of Fresno staff to compile a stakeholder database to be used during the Project’s planning process. The City may also be requested to provide resident and business address labels within the surrounding Project area, should direct notices/mailers be preferred. The database will contain the name of individuals or organizations, their physical and email addresses, telephone number(s), notes regarding their participation during outreach activities, and comments received. The listing will be expanded and updated as work on the Project progresses. The stakeholder database will be used to assist with the dissemination of Project information, materials, and noticing. With their knowledge and proximity to the Project area, Fresno Community College, local area businesses, advocacy groups, and Community-Based and Faith-Based PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 6 of 54 Organizations (CBOs/FBOs) will be important partners for the community outreach component. These stakeholders will be identified and highlighted in the database. The database will also be augmented with contact information provided by visitors of the Project webpage. Work Activities to Include:  Request and compile databases  Augment compiled database  Maintain database (assumes maximum of 12 hours per year)  Optional: Stakeholder Database maintenance to a maximum of 23 hours per year  Business and Key Stakeholder Coordination Meetings (P1, U1, U3, GS1, GS2, GS4 & GS5) The AECOM Team will work with City staff to schedule coordination meetings, as needed, with key stakeholders and businesses. Coordination meetings will afford the AECOM Team the opportunity to present critical Project information directly to businesses and key stakeholders. In addition to the community workshops, these coordination meetings will provide businesses and key stakeholders with additional opportunities to provide their input on the Project’s planning process. These meetings will also be used to establish relationships and request assistance with distribution of Project materials. VRPA Technologies will provide up to 2 hours of time per quarter to meet with the Business and key stakeholder groups. Meeting materials including presentations would be prepared as needed. Community Outreach Event Noticing (P1 & U1) Public noticing information prepared for the Project will be straightforward, factual, and designed to be appreciated by the non-technical audiences. Each communication tool will include contact information, the appropriate contact name(s), office phone and email address. The communication shall include the description of work, community outreach event date, time and other necessary information. Public noticing materials will be prepared and graphically developed by the AECOM Team, and provided to City staff for printing and posting to the Project webpage and social media accounts. A public notice/advertisement will be circulated through appropriate print media (Fresno Bee or other print media with wide distribution) or digital newspaper at least one week prior to a community outreach event. It is assumed that the costs of advertising the workshop notices will be the responsibility of the City. The AECOM Team will prepare and distribute multilingual community outreach event invites via email notification to the Project stakeholder database and other identified key stakeholders. A total of 2 email notifications will be completed prior to each event, which will include an initial notification two weeks prior to the scheduled workshop and 2 follow-up reminders. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 7 of 54 The AECOM Team will also coordinate with City staff to identify other potential noticing strategies that could be used to inform stakeholders and community residents of upcoming outreach activities. Potential noticing options include: • Banner Ads, Print Ads • Pole Banner Signs • Digital signage or message marquees of local agencies, businesses, or schools • Media release(s) to the TMC, speaker bureau kits, Public Service Announcements (PSA’s), or similar • Posting on the Project webpage Community Outreach Event #1 – Project Overview & Alternatives (P1) The AECOM Team will plan, schedule, and facilitate a second community outreach event so that stakeholders and the public can review the alternatives being considers during the Project design process. Roles and responsibilities will be the same as noted for community outreach event #1. The event will allow the Team to gather input from attendees on aesthetic treatments for the Project. Real-time polling and a charrette exercise will be utilized to assist stakeholders in providing feedback. All community outreach events will include visual and/or audio translation services to ensure broad participation and equity for all community stakeholders. The AECOM Team will also develop an event synopsis, summarizing results of polling and charrette exercises, documenting comments received from attendees, and identifying materials provided at the workshop. Community Outreach Event #2 – Selected Alternatives & Aesthetics (P2) Once a preferred design alternative has been identified, the AECOM Team will plan, schedule, and facilitate a third community outreach event. Roles and responsibilities will be the same as noted for events #1 and #2. The purpose of this event will be to ensure that the stakeholders and the public are aware of the preferred alternative and can provide additional input and insight on the alternative. The event will also give the Project Team an opportunity to discuss the duration of construction, traffic impacts, and how the City will be mitigating these Project impacts. All community outreach events will include audio and/or visual translation services to ensure broad participation and equity for all community stakeholders. The AECOM Team will also develop an event synopsis, documenting comments received from attendees and identifying materials provided at the workshop. Task 1.2.5 Bi-monthly Coordination Meetings with Utility Companies (P1, U1, U3, GS1, GS2 & GS4) AECOM will conduct monthly meetings with utility companies to collectively coordinate relocations planning and design activities. Due to COVID-19, these meetings are anticipated to be held virtually throughout 2021 and to involve up to 12 meetings. It is anticipated that in 2022, face to face meetings will resume and 9 meetings will finalize this coordination through final utility relocation design. A utility owner tracking log will be prepared and maintained to identify owner, track when communications occurred and with whom, assigned action items, type of facility, when ‘A’ letters were sent and response received, any comments, and prior rights from available record maps. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 8 of 54 Task 1.2.6 Bi-weekly Design Team Meetings (P1, U1, U3, GS1, GS2 & GS4) AECOM will conduct biweekly internal design progress meetings with the design team during the project design phase. These meetings will focus on overall schedule, progress of each team members design responsibilities, anticipated issues for proactive mitigation or resolution, action item development and resolution, and internal progress submittals for coordination and validation of design. A total of 40 meetings are anticipated through utility relocation design. A total of 20 additional meetings are anticipated beyond utility relocation design through final grade separation design. Task 1.2 Deliverables • Kick-Off meeting agenda and notes (8.5x11 pdf) • Public information meeting exhibits (24x36 pdf) • Public information meeting presentations (PowerPoint) • Stakeholder Database (8.5x11 pdf & hard copies (6)) • Webpage graphical layout and content (pdf, jpg or png images/data) • Project related materials for posting (pdf, jpg, or png images/data) • Public noticing materials (pdf, jpg, or png images/data) • Responses to public comments and questions (8.5x11 pdf & hard copies (6)) • Workshop synopsis (8.5x11 pdf & hard copies (6)) PHASE P1 – Preliminary Studies, Reports, Concept Design & Design Decision Document & PHASE U1 – 75% Utility Relocation Plans TASK 2 PRELIMINARY ENGINEERING Task 2.1 Preliminary Studies and Reports Task 2.1.1 Surveys / Basemap (By City) Horizontal and Vertical Control Horizontal and vertical project control will be established for the project area. The survey control will be tied into the North American Datum of 1983 (NAD83), California State Plane Coordinate System Zone 4, and the North American Vertical Datum of 1988 (NAVD88). Survey control monuments will be established outside of anticipated construction area, so these points may be used by the design team and future construction teams. GPS and Digital levels will be utilized to establish the horizontal and vertical components. Aerial targets will be set and tied to the project control network before the topographic surveys are conducted. Topographic Surveys Aerial mapping and conventional ground survey methods will be utilized to complete the topographic surveys of the grade separations at McKinley and Blackstone Avenues, the BNSF Railroad, and other areas of interest. This includes the location of underground utilities and potholing. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 9 of 54 The aerial mapping will capture the project limits as defined by the AECOM Team and City and will be tied into the horizontal and vertical control established for the project. Topographic “boots on the ground” field surveys will be performed the City of Fresno Survey Team. The ground surveys will typically include top of curb, flowline, lip of gutter, edge of pavement, front and back of walk, medians, parkway facilities, curb returns, driveways, poles, lamps, grade breaks, and surface visible indications of utilities within these defined limits. The aerial mapping and topographic data will be downloaded, processed, and tied to the horizontal and vertical control established for this project. The data will be plotted in CAD and a digital terrain model (DTM) created for the existing ground surface. As a separate cost, a digital orthophoto will be prepared over the extents of the aerial mapping defined above. The final deliverables will include the digital terrain model, topographic data plotted in MicroStation (or other City drafting platform), and an ASCII file of the topographic survey points. For this project, the City will perform all the topographic survey tasks including the location of utility markings but excluding the ground surveys for the BNSF Railroad. All “supplemental” topographic surveys will be collected using a total station for hard surface features. The City will process the data using Trimble Business Center software or similar. Land Net Mapping A centerline and land net survey will be performed by the City for the streets, alley ways offsite improvement area and the BNSF right-of-way within the project limits. Cadastral research will be performed with the County of Fresno, the City of Fresno, and Caltrans District 6 for available right-of-way maps, corner records, and centerline tie notes within the project limits. Centerline and other key monuments will be recovered and tied into the project controls. The centerlines of Blackstone and McKinley Avenues and the intersecting streets will be computed and mapped. The City will file two Records of Survey to meet the requirements of the California Professional Land Surveyors’ Act Section 8762. The first will be the pre-construction Record of Survey over the affected parcels and the second will depict the newly monumented right-of-way. Task 2.1.1 Deliverables by the City • Land net mapping file (Civil 3D) to AECOM • Legal descriptions and plats (8.5x11 pdf) to AECOM • Geo-referenced digital orthophoto aerial imagery (tiff & tfw) to AECOM • Topographic survey data (ASCII) to AECOM • Field notes (8.5x11 pdf) to AECOM • Topographic mapping of processed points (Civil 3D) to AECOM • Actual pothole locations (ASCII) to AECOM Task 2.1.2 Environmental (Optional) Lead Compliance Plan Elevated lead concentrations exist in soils along older roadways as a result of aerially deposited lead (ADL) from the historical use of leaded gasoline. The AECOM Team will PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 10 of 54 evaluate the presence, concentration, and distribution of lead in soil prior to grading/construction activities. The data will be used to evaluate soil within the proposed construction area to assess the potential for reuse on the project, or to evaluate disposal options for potentially lead-impacted soil, and to evaluate health and safety issues for future on-site workers. Boreholes will be advanced every 20 feet within the project limits along the road/rail right-of-way. Hand augers will be advanced to 1-foot below ground surface, soil sample collected from 1-foot bgs and analyzed for CAM 17 metals, including lead. A report will be prepared with conclusions and recommendations and analytical results. In the event that lead impacted soil is discovered in shallow soil beneath the site, Soar Environmental will prepare a site-specific work, and health and safety plan, provide project management and coordination, advance shallow borings, collect appropriate soil samples, submit to an accredited laboratory, prepare a report of our findings, and communicate with the Department of Toxic Substances Control (DTSC) to potentially reuse lead impacted soil on the Project, similar to the Soil Management Agreement DTSC has established with Caltrans. If elevated lead concentrations are discovered in the Project footprint, Soar Environmental will prepare a Lead Compliance Plan to describe the Best Management Practices implemented to prevent/reduce Project activities from emitting airborne lead, the health and safety of construction workers and the public, administrative controls, monitoring, sampling, reporting, and record keeping. Phase I Environmental Site Assessment (ESA) The AECOM Team will research to estimate the potential for hazardous substances or petroleum product impacts (i.e., levels warranting regulatory cleanup action) to the Site. For the purposes of this Phase I ESA, the “vicinity” of the Site is defined as by the 29 Parcels located within ¼ mile of the Site. The scope of services for the Phase I ESA will include: • Reconnaissance of the Site to assess for the presence or make visual observations of indicators of the potential existing presence, of hazardous materials, hazardous wastes, or soil and/or groundwater impacts on the Site. These indicators may include 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls (PCBs), and areas conspicuously absent of vegetation. If access is unavailable to any portions of the Site, our ability to complete the assessment described herein may be hindered. Wetlands delineation, asbestos and lead- containing paint surveys, and testing for lead in drinking water, radon, and methane gas are not included in the Phase I ESA scope of services. • Performing a visual survey of adjacent properties from the Site and from public thoroughfares to observe general types of land use surrounding the Site. • Reviewing the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527-13 and 40 CFR Part 312 to obtain information regarding the potential presence of hazardous substances/petroleum hydrocarbons on the Site or on properties located within the approximate minimum search distance specified for each source. The records searched will include registries or publicly available lists of recorded engineering and institutional controls, and recorded land use restrictions for properties/facilities with the potential to impact or have impacted the Site. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 11 of 54 • Reviewing reasonably ascertainable regulatory agency files for the Site and/or properties in the vicinity of the Site with environmental conditions that could potentially impact the Site. The sources for these files could include Fresno County Environmental Health, the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control. • Contacting local public agencies by telephone or in writing to obtain readily ascertainable information regarding underground storage tank permits, agriculture-related permits and violations, air emission permits and violations, and electrical transformers. The information would be obtained for the Site and adjacent properties. The agencies contacted may include the building department, the local air pollution control agency, the agricultural commissioner’s office, and gas and/or electric utility companies. • Reviewing pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the Site. • Reviewing EDR Sanborn, Inc. Fire Insurance Maps for the Site and vicinity (if available to obtain information concerning the historical uses of the Site and the potential presence of underground storage tanks on the Site. • Reviewing and interpreting reasonably ascertainable historical aerial photographs to obtain information concerning the historical use of the Site and adjacent properties. • Reviewing United States Geological Survey (USGS) topographic maps to obtain information relative to the topography of the Site, as well as previous development and uses of the Site and properties located in the vicinity of the Site. • Reviewing documents provided by the Client, at their discretion. Potentially useful documents may include geotechnical, geologic, and environmental reports, site plans, plot plans, and correspondence with regulatory agencies. • Reviewing California Department of Conservation, Geologic Energy Management Division (CalGEM) records to obtain information regarding the locations of potential oil and gas wells on the Site and site vicinity. • Reviewing recorded land title records for the Site in accordance with the requirements identified in 40 CFR Part 312, if requested. The purpose of obtaining a chain-of-title report is to assess whether any requirements regarding engineering and institutional controls have been recorded for the Site, and whether any land use restrictions and/or environmental cleanup liens are associated with the Site. As an alternative, we can order an environmental lien report for the Site for an additional fee. • conducting interviews by telephone or in writing with present and past tenants/owners of the Site to evaluate if present or past occupants have used, generated, stored, or disposed of hazardous materials/wastes onsite. • preparing a report summarizing the findings of the Phase I ESA and qualitatively describing the potential for environmental impairment of the Site. If necessary, we will also provide recommendations for additional environmental services in the report. Project Screening: Regulatory Agency and Other Records Review – The AECOM Team will review reasonably ascertainable records that will help identify Recognized Environmental Conditions (RECs) in connection with the Site. These records include federal and state regulatory agency lists of hazardous waste generators, leaking underground storage tanks (USTs), landfills, military reservations, contaminated surface waters, and Superfund sites. These lists, as well as reasonably ascertainable existing documentation as cited below, will be reviewed to assess whether there were prior investigations or events and conditions, or institutional or engineering controls on the PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 12 of 54 property and in the immediate vicinity, relating to spills, discharges, or other activities resulting in contamination or presence of hazardous materials. Kleinfelder will review previously conducted environmental assessments of the subject site (as provided by the client) and standard environmental record sources, which include published lists of regulatory agency investigations and/or enforcement actions, for facilities located near the Site. The AECOM Team will enhance and supplement the standard environmental record sources with local and/or additional state or tribal records when, in our judgment, such additional records are readily ascertainable, sufficiently useful, accurate, and complete in light of the record review objective, and are generally obtained, pursuant to local good commercial or customary practice, in ISAs in the type of commercial real estate transaction involved. Sources of such records may include the local department of health/environmental division, fire department, planning department, building permit/inspection department, local regional pollution control agency, local/regional water control agency, and local electric utility company. Physical Setting Review – The physical setting review is required by the Standard Practice to include a current United States Geological Survey (USGS) 7.5 Minute Topographic Map. The review may also include discretionary physical setting sources, e.g. for geologic and hydrogeologic information. This information may provide insight to the significance of offsite sources of contamination in relation to the Site. When discretionary hydrogeologic information is available and reviewed, where possible we will estimate the regional direction of groundwater flow and discuss how this might affect the potential for identified offsite sources of contamination to impact the Site. Specific sources of physical setting information may include: • United States Geological Survey reports and maps; • Information provided by public agencies (e.g., state department of water resources, local flood control district, local or county water agency); • Information from previous Kleinfelder experience in the area; and • Information provided by the Client (e.g., previous investigation or soils reports). Historical Land Use Review – The AECOM Team will research historical information sources to develop a history of general types of previous uses of the Site and surrounding area (e.g., office, retail, residential, industrial, and manufacturing). Obvious uses of the Site will be identified from the present back to the Site’s first developed use, or back to 1940, whichever is earlier. The review will include as many standard historical sources as are necessary and both reasonably ascertainable and likely to be useful. For the purpose of this review, “developed use” includes agricultural use and placement of fill dirt. The review will include documentation of gaps in the history of use. Uses of the area surrounding the Site will be identified only to the extent that this information is revealed in the course of researching the Site itself. The following information sources may be used, as necessary, to research the Site history: • Aerial photographs; • USGS topographic maps; • Fire insurance maps (e.g., The Sanborn Library, LLC Fire Insurance Maps); PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 13 of 54 • Local street directories; • Property tax files; • Recorded land title records; • Building department records; and • Zoning/land use records. Site Reconnaissance – The AECOM Team will perform a reconnaissance of the Site by driving along the project corridor. Where appropriate and safe, The AECOM Team will perform additional Site reconnaissance on foot. It is assumed that no structures are included in the project area and interior observations of structures are not included. The AECOM Team will observe the property and its current use with the unaided eye, and thereby obtain information indicating the likelihood of identifying evidence of RECs in connection of the Site. The Site property located on the Site will be observed to the extent not obstructed by bodies of water, adjacent buildings, or other obstacles. The periphery of the Site will be viewed from all adjacent public thoroughfares. If roads or paths with no apparent outlet are observed on the Site, the use of the road or path will be identified to assess whether it was likely used as an avenue for disposal of hazardous substances or petroleum products. During the site inspection, the AECOM Team will photographically document conditions at the time of the Site visit. Vicinity Survey – The AECOM Team will perform a reconnaissance of immediately adjoining properties to observe the properties’ current use and past use(s) to the extent that past uses are discernible. This survey will be performed to note facilities that have an obvious potential to affect the environmental conditions at the Site. However, these properties may be observed without physical access. Interviews – The AECOM Team will interview past and present owners and occupants, with the objective of obtaining information indicating RECs in connection with the Site. The interviews should include a “Key Site Manager,” a person with good knowledge of the uses and physical characteristics of the property. The Client will be responsible for supplying the contact information, including name and telephone number, of the Key Site Manager. If reasonably possible, Kleinfelder will attempt to interview the Key Site Manager at the time of the Site visit. The AECOM Team will also make a reasonable attempt to interview at least one staff member of the local fire department that serves the property, the local/regional office of the health agency that serves the area, the local/regional agency having jurisdiction over hazardous waste disposal, or the local/regional agency responsible for the issuance of building permits or groundwater use permits. Report and ISA Determination – The AECOM Team will provide a final report that will include an evaluation of the information obtained from the ISA. The report will include findings, opinions, and conclusions. The report will include illustrations and pertinent regulatory agency documentation regarding the Site. The report will also include the ISA Checklist and “Yes or No” Determination from Caltrans Project Development Procedures manual (07/01/99), Appendix DD-Hazardous Waste. Phase II Environmental Site Assessment (ESA) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 14 of 54 The Phase II ESA scope will be determined after completion of the Phase I ESA(s). For simplicity at this stage of the project, we are assuming every parcel will require a Phase II ESA. The following is general description of the Phase II ESA for the 29 parcels. The AECOM Team will mark the ground with white paint and call Underground Service Alert to notify utility subscribers to identify the location of their utilities. The AECOM Team will retain Ground Penetrating Radar Services for utility clearance of each planned boring location. The AECOM Team will advance direct-push borings at parcel to observe subsurface conditions to maximum depth of 20 feet and to collect soil samples. In each boring we will collect a soil core by pushing clean, stainless-steel, hollow rods fitted with 4-foot- long clear acetate liners to a maximum depth of 6 feet. As the push rods are driven downward, the acetate liners fill with soil (the soil core). Following removal of the soil cores from the drive rods, the soil types in the cores will be logged in accordance with the Unified Soil Classification System by our field geologist working under the supervision of a California Professional Geologist. Any visual evidence of contamination or fill will be noted on the log and readings from the photoionization detector. Soil samples will then be collected from the soil cores at the desired depths by cutting 6- inch-long sections from the core and capping them with Teflon® sheets and polyethylene end caps. Soil samples will be collected at one-foot-depth intervals starting at one foot below ground surface and continuing to the termination depth. Each sample will be labeled with a unique sample ID, date and time of collection, sampler’s initials, and the project name and number then will be placed in a cooler with ice for transport to the laboratory under chain- of-custody. Borings will be backfilled as described in City of Fresno specifications. The AECOM Team will retain Torrent Laboratory of Milpitas, California for laboratory chemical analysis of soil samples. Contaminants of Concern (COCs) will be determined upon completion of the Phase I ESA. The following is a summary of anticipated COCs and corresponding analysis: • Residential Parcels (5): CAM 17 metals, organochlorine pesticides • Current and Former Automotive Industrial Parcels (21): Total Petroleum Hydrocarbons – gasoline, diesel, and motor oil, oil and grease, volatile organic compounds, and CAM 17 metals • Industrial Parcels with Manufacturing (1): Total Petroleum Hydrocarbons – gasoline, diesel, and motor oil, oil and grease, volatile organic compounds, CAM 17 metals, and polychlorinated biphenyls • FMFCD Basin and Vacant Parcel (2): Total Petroleum Hydrocarbons – gasoline, diesel, and motor oil, oil and grease, volatile organic compounds, CAM 17 metals, and polycyclic aromatic hydrocarbons. • The AECOM Team will prepare a Phase II ESA report for describing the field investigation, laboratory analysis of samples and presenting our findings. The reports will include: o Project description including the purpose and objectives; o Description of field activities; o Description of observed soil conditions; PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 15 of 54 o Summary of soil and groundwater sample laboratory analysis results; o Appendices including soil boring permits, boring logs, and laboratory reports; o Vicinity Map and Site Plan showing the boring locations; and, o Site photographs. The scope of the Phase II ESA does not include an asbestos, lead-containing paint, or universal waste survey performed our California Department of Occupational Safety and Health (Cal/OSHA) certified asbestos consultants (CAC), and Certified Lead Paint Inspectors/Assessors/Project Monitors with the California Department of Public Health (DPH). This can be included for an additional cost. Work Plan for Site Demolition This service will be provided by the City. The AECOM Team can provide this service if desired by the City. This AECOM additional service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task 2.1.2 Deliverables • None, Task 2.1.2 is Optional Task 2.1.3 Hydrology / Hydraulic AECOM will research existing drainage facilities currently tributary to the project area to determine existing flow paths and tributary watersheds. Proposed roadway inlet locations and tributary areas will be based on preliminary geometrics. Rational Method Calculations will be prepared using input from the FMFCD for existing watersheds. Roadway inlet flows will be calculated based on City of Fresno requirements for a 100- year return frequency (Note 100 year return selected due to sump risk). Allowable outflow to FMFCD collection systems will be calculated based on a 2-year return frequency. The required pump station capacity and storage volume will be determined based on the difference between the two flow rates. A conceptual level evaluation of three pump station alternatives will be conducted utilizing the calculated flows. • Pump to existing 30” FMFCD pipeline in McKinley Avenue • Pump to existing 30” FMFCD pipeline in Blackstone Avenue • Pump through a new pipeline to existing FMFCD Basin CC, with pumping to FID Dry Creek Concept layouts of facility improvements and concept-level construction and operations and maintenance cost estimates will be developed for comparison of alternatives. Additional easement or right-of-way needs will be identified. The advantages and disadvantages of each pump station alternative will be determined and evaluated. The results of the above analysis will be summarized in a draft Hydrology and Hydraulics Study. Upon review and receipt of comments from the City of Fresno and the FMFCD, the recommended alternative will be described in a final Hydrology and Hydraulics Study. Task 2.1.3 Deliverables • Concept pump station facility layouts (11x17 pdf & hard copies (6)) • Concept-level construction and O&M cost estimates (8.5x11 pdf & hard copies (6)) • Hydrology and Hydraulics Study – draft & final (Word & 8.5x11 pdf & hard copies (6)) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 16 of 54 Task 2.1.4 Traffic Analyses Construction Traffic Impact Analyses (by City) The AECOM Team will provide a request to the City for traffic modeling to be performed by the City for construction detour influences on traffic circulation in the project area. The City will provide AECOM the results of model runs for AECOM to evaluate and prepare construction and traffic control strategies that will allow for the movement of all travel modes through the construction area per the city’s specifications. Capacity analysis will be conducted for roadways by the City where the number of travel lanes are reduced and consideration will be given to providing roadway improvements on alternate routes. Examples of roadway improvements that will be considered include: • Addition of turn lanes or through lanes • Modification of traffic signal phasing • Modification of signal timing • Signing changes • Intelligent transportation systems (ITS) improvements It is assumed that this analysis will be conducted for three construction phases and that up to 12 intersections will be included. Although there will be many more phases of construction, many will be similar from the point of view of traffic and three critical phases will be selected. It is also assumed that the traffic analysis for the construction area and alternate routes will consist of 12 intersections and 12 roadway segments. If it is decided to provide roadway improvements on alternate routes, the AECOM Team can provide the traffic engineering design for the improvements (traffic signal design, signing, and striping) as an optional task. This additional service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. This task will include the following detailed steps: • The City will prepare the transportation analysis scoping to identify the detailed methodology for the study • Identify study area • The City will obtain traffic counts. • Existing traffic signal timing from the City of Fresno will be provided. • The City will conduct capacity analysis using the Synchro traffic signal timing program or equivalent intersection capacity analysis software • The City will provide AECOM the traffic analyses results. • AECOM will assess the traffic analyses results and make recommended roadway improvements and/or modifications to the construction process to provide for facilitated multimodal transportation movements • Document the results of the analysis describe above in a technical memorandum • Participate in up to 8 virtual project meetings to discuss the study Parking Study of Construction Impacts to College Access (Optional) For each major phase of construction, the AECOM Team will conduct an analysis to determine the potential impacts of the construction on parking and parking access to Fresno City College. In addition, PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 17 of 54 VRPA will make recommendations on how construction plan might be modified to minimize any potential effects to parking and parking access. The following will be included for each phase: • Determination of the number of off street and on street parking spaces in the college area that would be lost due to construction (if any) • Analysis of potential delays in access parking areas, including identification of any roadway segments or intersections that would be expected to operate at level of service E or F during the construction phase • Analysis of any changes in access to bicyclists/pedestrians/transit riders • For the above, recommendations will be made for any improvements which could be made. This scope of work assumes that up to three construction phases will be analyzed. Task 2.1.4 Deliverables • Traffic Analyses Technical Memorandum (By City)– draft & final (Word & 8.5x11 pdf & hard copies (6)) Task 2.1.5 Geotechnical Geotechnical Design & Materials Report A Preliminary Geotechnical Design & Materials Report (PGDR) will be prepared and will address the intersection improvements at Blackstone and McKinley Avenues extending approximately 650 feet west, 375 feet east, 350 feet north, and 850 feet south of the intersection. Improvements will also include E. Home Avenue extending approximately 280 feet west of Blackstone Avenue. The PGDR will generally include roadway corridor improvements, temporary shoring, excavation, earthwork, new pavements, retaining walls, underground utilities, various signs, and lighting. The 42-inch RTM within McKinley avenue will utilize a combination of traditional cut and cover installation except for a possible jack and bore installation for one alternative alignment being considered beneath the BNSF railroad at E. Home Avenue. The PGDR will address the following: • Research and Data Collection: Review of readily available geologic and soil literature in the vicinity of the site. • Permits/USA Clearances: We will comply with local permit requirements. Borings are assumed to be performed within the City of Fresno right-of way and private property, which will require City of Fresno Encroachment Permit and Well Construction Permits to complete the proposed investigation. We assume permit fees for the City of Fresno Encroachment and Well Construction permits will be waved. It is assumed that the City of Fresno will allow borings to be performed within daylight hours between 7AM and 4PM. If the City requires the work to be performed at night due to traffic congestion concerns, additional costs will be incurred due to traffic control and wages that would require budget augmentation from the contingency fund. • Field locate the borings, call for Underground Service Alert (USA), and use ground penetrating radar (GPR) for clearance of utilities at boring locations. We also assume that the City of Fresno or AECOM will provide Kleinfelder and our subcontractors access to the private properties to perform select borings primarily near the railroad property. • Field Exploration: We will perform the borings and for both the roadway widening and bridges concurrently. The boring program for the borings associated with the roadway improvements is provided in the table below. Project Element Number of Explorations1 Approximat e Depths PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 18 of 54 Blackstone Avenue 8 Auger Borings 15 to 50’ McKinley Avenue 4 Auger Borings 15-50’ Home Avenue 1 Auger Boring 25’ Note: 1) Borings will be performed outside the BNSF Railroad right-of-way within approved City and private properties. • Optional Utility Borings: Home Avenue, Calaveras Street, and Effie Street for utilities and jack and bore crossing planned at the BNSF Railroad and Home Avenue Alignment. Project Element Number of Explorations1 Approximat e Depths Calaveras Street 8 Auger Borings 15’ Home Avenue and BNSF 4 Auger Boring 15 to 25’ Effie Street 2 Auger Borings 15’ Note: 1) Borings will be performed outside the BNSF Railroad right-of-way within approved City and private properties. • The explorations will provide an evaluation of pavement structural section and subsurface conditions for the proposed roadway portion of the project. The boring locations will depend upon the available access and any boring data from previous studies. We anticipate using a truck mounted drill rig for our work. • Classify and continuously log subsurface soil conditions encountered in each test boring at the time of exploration. Obtain "relatively undisturbed" and bulk samples of substrata from test borings. The borings will be drilled and backfilled with soil cuttings (boring depths < 10 feet) or cement grout (boring depths > 10 feet) to within 5 feet of the ground surface followed by soil cuttings to the surface, unless directed otherwise by the City of Fresno. Borings performed with the pave right-of-way will be patched with rapid set concrete died black or within unpaved areas, the ground surface at the boring location will be raked smooth to approximately match the ground surface conditions in the vicinity of the boring. • Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, direct shear, gradation analyses, R-value, maximum density/optimum moisture, corrosion, and Plasticity Index tests, as necessary. Based on engineering evaluation and analysis of the field and laboratory data a PGDR will be prepared. The PGDR will summarize the field and laboratory programs and provide comments and preliminary recommendations to support the 30% Submittal and will follow Caltrans guidelines. The PGDR will be updated as necessary to produce the final GDR for support of the final design of the roadway. It is anticipated the GDR will include: • A description of the proposed project, including a site vicinity map showing the location of the project alignment and a site plan showing the approximate locations of the exploration points for this study; • General description and characteristics of the subsurface materials along the roadway and retaining wall alignments, including boring logs; • A summary of the field exploration and laboratory testing programs; PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 19 of 54 • Discussion of regional and local geology, including faults and seismicity; • Comments and recommendations for site preparation and earthwork grading; • Recommendations for temporary and permanent slopes; • Recommendations for temporary shoring considering soldier pile and lagging, sheet piles, and secant pile alternatives; • Recommendations for pole foundations for signs, lighting, and signals; • Recommendations for foundation design of retaining walls supported on spread footings; • Recommendations for full depth and multi-layer HMA pavements. Recommendations will be given for overlay and use of Full depth Reclamation (FDR), if appropriate; • Recommendations for the design and construction of buried utilities and below grade structures and vaults; • Recommendations for jack and bore crossings at the BNSF railroad at McKinley and Home Avenue alignments; and • Comments on the general corrosion potential of on-site soils to buried metal and concrete. Corrosion tests to include resistivity, pH, Soluble Chloride, Soluble Sulfate, sulfides, redox, and bicarbonates. The PGDR will be updated as necessary to produce a final GDR for support of the final design of the roadway. Bridge Foundation Report(s) Following is a task breakdown for the proposed bridge crossings at Blackstone/McKinley Avenue BNSF Grade Separations. The Foundation Reports may be subject to review by the City of Fresno and BNSF and will follow AREMA Manual for Railway Engineering (MRE), AASHTO, LRFD Bridge Design Specifications latest edition, and Caltrans guidelines and formats. It is assumed there will be a type selection meeting with the design team. • Research and Data Collection: Review of readily available geologic and soil literature in the vicinity of the site including review of any as-built drawings and existing LOTB. • Permits/USA Clearances: We will comply with local permit requirements. Borings are assumed to be performed within the City of Fresno right-of way and private property, which will require City of Fresno Encroachment Permit and Well Construction Permits to complete the proposed investigation. We assume permit fees for the City of Fresno Encroachment and Well Construction permits will be waved. It is assumed that the City of Fresno will allow borings to be performed within daylight hours between 7AM and 4PM. If the City requires the work to be performed at night due to traffic congestion concerns, additional costs will be incurred due to traffic control and wages. • We will field locate the borings, call for Underground Service Alert (USA), and use GPR for clearance of utilities at boring locations. We also assume that the City of Fresno or AECOM will provide Kleinfelder and our subcontractors access to the private properties to perform select borings primarily near the railroad property. • Field Exploration: Because of high costs associated with performing field borings we plan on performing the borings for both the project structures at the same time PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 20 of 54 as the borings for the GDR. The boring program for the FR is provided in the table below. Project Structure Number of Explorations1 Approximate Depths Blackstone Grade Sep 3 Auger/Rotary Borings Abutments - 2 borings to 110’ Bent - 1 Boring to 150’ McKinley Grade Sep 3 Auger/Rotary Borings Abutments - 2 borings to 110’ Bent - 1 Boring to 150’ Note: 1) Borings will be performed outside the BNSF Railroad right-of-way within approved City and private properties. • Classify and continuously log subsurface soil conditions encountered in the test borings at the time of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings. The borings will be drilled and backfilled with neat cement grout. Borings performed with the paved right-of-way will be patched with rapid set concrete died black or within unpaved areas, the ground surface at the boring location will be raked smooth to approximately match the ground surface conditions in the vicinity of the boring. • Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, direct shear, gradation analyses, corrosion tests and Plasticity Index test, as necessary. • Allowance has been made to attend four team meetings or conference calls for type selection and design purposes. Based on engineering evaluation and analysis of the field and laboratory data, a Preliminary Foundation Report (PFR) will be prepared for both bridge structures. A final Foundation Report (FR) will be prepared for both structures once the bridge and foundation geometry and loads have been finalized and all review comments have been received. The report will follow basic Caltrans LRFD guidelines and the current AREMA Manual for Railway Engineering (MRE), AASHTO Bridge Design Specifications and Caltrans Amendments. The FR will present final comments and recommendations to aid in design of the bridge. It is anticipated that the following specific items will be included in the FR: • A description of the proposed project; • Discussion of the field and laboratory testing programs; • Comments on the regional geology and site engineering seismology, including the potential for liquefaction and seismically induced settlement; • Recommended peak ground acceleration and ARS curve based on Caltrans Seismic Design Criteria 2.0; PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 21 of 54 • Recommended parameters for use in design of the selected foundation type. Pile Data Table would be provided for CIDH piles per Caltrans Memo to Designers (MTD) 3-1; • Recommendations for design of laterally loaded piles by the bridge designer, including LPILE profile; • Comments on soil stiffness and ultimate equivalent lateral pressure for resisting dynamic loading of abutment walls; • Comments on the corrosion potential of foundation soil; and • Log of Test Boring drawings suitable for inclusion into the contract drawings. Task 2.1.5 Deliverables • Preliminary Geotechnical Design and Materials Report (8.5x11 pdf & hard copies (6)) • Final Geotechnical Design and Materials Report (8.5x11 pdf & hard copies (6)) • Foundation Reports – draft & final (8.5x11 pdf & hard copies (6)) Task 2.1.6 CPUC / BNSF Field Diagnostic Meeting Following the concept design submittal to BNSF, the AECOM Team will organize and lead the field diagnostic meeting with BNSF, the CPUC, the City, other public agency stakeholders and the design team. The AECOM Team will prepare and provide the necessary materials for this meeting as well as the agenda. Meeting notes will be prepared and distributed to the meeting attendees, incorporating all comments, input and action items identified. Task 2.1.6 Deliverables • Meeting agenda (8.5x11 pdf & hard copies (6)) • Meeting notes (8.5x11 pdf & hard copies (6)) Task 2.1.7 Intersection Signal Analyses – Blackstone / University (Optional) This task would analyze the potential for installing a traffic signal at the Blackstone Avenue/University Avenue intersection as part of the construction process to improve multimodal transportation conditions following construction. This would include estimation of traffic counts after construction as well as analysis of bicycle and pedestrian counts if available. The analysis would include consideration of the peak hour signal warrant as well as any other signal warrants for which data is available. Additional quantitative and qualitative analysis would be conducted to describe all other potential advantages and disadvantages of installing a traffic signal at this intersection. Task 2.1.7 Deliverables • Intersection Signal Analyses Technical Memorandum – draft & final (Word & 8.5x11 pdf) Task 2.1.8 Traffic Signal Phasing Analysis (Optional) This task would analyze the potential for improved traffic signal phasing to support pedestrians, bicycle travel, and transit vehicles in the vicinity of the construction site. For this scope of work, it is assumed that six (6) traffic signals will be included in the analysis. This would include the following tasks: • Select a predominant construction phase that will be used as the basis for the traffic signal phasing analysis PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 22 of 54 • Gather existing traffic signal timing from the City of Fresno • Estimate AM peak hour, mid-day peak hour, and PM peak hour vehicle turning movements for the intersections to be included in the study area • Estimate AM peak hour, mid-day peak hour, and PM peak hour pedestrian, and bicycle counts for the intersections to be included in the study area • Analyze alternative traffic signal phasing using the Synchro traffic signal timing program • Make recommendations for improved traffic signal phasing and any associated hardware improvements necessary to implement the recommended phasing • Consider other construction phases to determine whether the improved traffic signal phasing would be appropriate for implementation. Task 2.2 Conceptual Design Task 2.2.1 Utility Coordination - Utility A Letters To verify the existence of utility facilities, the results of the Utility ‘A’ Letters previously sent out by the City will be reviewed involving: BNSF Signal, Sprint, Level 3, AT&T, Comcast, City of Fresno ITS, City of Fresno (Water/Sewer), Fresno Metropolitan Flood Control District, PG&E (Gas Distribution/Gas Transmission/Electric Distribution). The nominal budget for this task will provide for up to 2 additional ‘A’ Letters that may have been missed by the City and need to be sent. A record map search will be performed as another measure to identify/verify the existence of utilities. Task 2.2.2 Design Criteria Memorandum The AECOM Team will prepare a design criteria memorandum that will summarize in detail what the controlling criteria will be to design this project. This memorandum will include criteria and design standards for: • Structures design, • Roadway design, • Stormwater system, • Sewer system, and • Railroad design. This memorandum will be submitted to the City for review and comments. Once finalized, the AECOM Design Team will use this memorandum as a guide throughout design. Task 2.2.3 Alternatives Analyses (Conceptual Plans) This task involves alternatives analyses for various disciplines involving – Utility Relocations, Shoofly Alignments, Roadway Profiles, Roadway Cross Sections, Traffic Handling Scenarios, Stormwater Pump Station Outfalls Options, Bridge and Retaining Wall Types, and Aesthetic Themes. Workshops with the City and Key Stakeholders will be held to evaluate the alternatives. These alternatives will be evaluated collectively or individually as needed. Design and contract plans will be developed utilizing AutoCAD Civil 3D 2016 for its capability with filesharing across the AECOM Team. Utility Relocation Corridors PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 23 of 54 Six concept-level alternative alignment corridors have been identified for the realigning utilities located within the project area. We will coordinate with the City to determine final corridors to consider for alternatives analyses. The AECOM Team will study up to 6 corridors for utility relocation in and round the construction area of the grade separation construction limits. The study to relocate utilities will be performed at a concept level (10% design) as is needed to inform the alternatives analyses and alternatives selection. This concept design will include plan and profiles for up to 3 corridors for each of the utility types. Wet utilities to be relocated include water mains (grid mains and the Regional Transmission Main (RTM)), sewer mains, telecommunication, gas, and electrical/power within Blackstone Avenue, McKinley Avenue, and Home Avenue. The study will include recommendations for locating a possible sewer pump station. The AECOM Team study will consider feasibility of the realignment within the defined corridors, constructability, engineering, and overall cost. Sewer realignment will consider gravity flow alignments as well as an alignment within the depressed roadway which will require a sewer pump station. This study will consider initial analyses of a sewer pump station. Dry utilities will be considered for relocation in the alternative alignment corridors. This study will reflect coordination with owners of each utility and will involve the following: Potholing – The initial phase of utility potholing will occur during this study phase to initially locate utilities in critical locations that will influence concept design. It is assumed that approximately 10 potholes and 20 electronic detections (e-detects) for this study. Surveying of potholes will be performed by the City. This will need to be verified during the study phase and adjusted if needed. If more potholing and e- detects are required, additional funding could be obtained from the contingency budget. Hydraulic Modeling – Hydraulic modeling will be performed for the potential alternate alignments for water and sewer mains to assist and determining the feasibility of relocation concepts. Hydraulic modeling will be completed for appropriate corridors and will alternatives with and without a sewer pump station. The modeling results will be summarized into a technical memorandum. Pump Station – The AECOM Team will recommend locations for the sewer pump station and will prepare concept layouts for consideration by the City. The AECOM Team will meet with the City to review the SCADA system requirements and quantify the desired remote monitoring and control signal features to be implemented at the local level and at the SCADA HMI. This meeting will involve identifying the hardware and software preferences and options, as well as potential system pitfalls, and challenges. This meeting will culminate in a technical memorandum summarizing this coordination. Utility Relocation Corridor Alternatives Analyses Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Roadway Realignments AECOM will consider temporary realignments of Blackstone Avenue and McKinley Avenue into adjacent properties planned to be acquired with this project. Consideration of these temporary realignments will be centered on maintaining traffic on these PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 24 of 54 Avenues during construction. The required depressed roadway profile will influence the viability of this analysis. Roadway Alignment Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Roadway Profiles AECOM will evaluate vertical profiles for Blackstone Avenue involving a design speed of40 mph given that the Mobility Strategy describes the City’s plan to reduce the posted speed to 30 mph. McKinley Avenue will be evaluated for the design speed of 45 mph given the posted speed of 45 mph which will be maintained. These various design speeds will be applied to vertical profiles to evaluate the various impacts of each design speed. Vertical clearance requirements of the bridge underpasses will influence this evaluation which is dictated by bridge superstructure type or existing vertical clearances along the roadway corridor at the nearby freeways. Consideration will also be given to the possible benefits of reducing the roadway depression by raising the railroad track profile and lessen the extent of roadway conform limits. Each alternative will involve concept plan and profile. Roadway Profiles Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Roadway Cross Sections The AECOM Team will coordinate with City Departments to fully understand the goals and objectives of the City’s Southern Blackstone Avenue Smart Mobility Strategy (Mobility Strategy) as it relates to the development of this project. Consideration will be given to minimize or avoid throwaway costs from constructing near-term features that would be reconstructed in the long-term implementation of this Mobility Strategy. This will involve designing a roadway that considers: • Mobility strategy near-term (2 lanes + parking + bike lanes) • AECOM near-term (3 lanes + Bike Lanes) • Mobility strategy long-term (2 lanes + BRT + cycle track) One typical section for each alternative on each road at the critical location of the BNSF underpass will be developed for each road. Roadway Cross Sections Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Traffic Handling / Detours The AECOM Team will coordinate with City Departments to evaluate a design that considers short-term and long-term roadway closures. The duration of roadway closures will define construction staging and traffic handling design and will influence construction duration and construction cost. The short-term closure will limit roadway closures to three-weeks for McKinley and Blackstone Avenues for the construction of the grade separation. This 3-week period would need to occur during the City College Christmas Break. This will require detailed PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 25 of 54 staging and traffic handling planning to accommodate maintaining two lanes of traffic in each direction on Blackstone Avenue and one lane in each direction on McKinley Avenue. The long-term closure durations could be 9 to 15-months for McKinley and Blackstone Avenues simultaneously or 6 to 12-months for the Avenues independently. This could result in shorter duration of overall construction of the grade separations and reduced construction cost. This will also require detailed staging and traffic handling planning. One concept layout will be prepared for each of the short-term and long-term alternatives. Traffic Handling / Detours Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Bridge and Retaining Wall Types AECOM will provide a Type Selection Memo in accordance with Caltrans MTD 1-29 for both bridges and the retaining walls alternatives. A General Plan and General Plan Estimate for up to two different bridge alternatives and three retaining wall alternatives will be included each report. The report will summarize how each alternative is impacted by the geotechnical recommendations, right-of-way, roadway alignment, railroad clearances, aesthetics, environmental constraints, seismic impacts, constructability, stakeholder requirements, schedule, and cost. General Plan Estimates will be prepared in accordance with Caltrans Bridge Design Aids (BDA) 11-4. A draft copy of each Type Selection Memo including General Plan sheets, cost estimate, Design Memo, and Preliminary Foundation Report (by others) will be submitted to the City, PDT members and key stakeholders for review. AECOM will develop conceptual structures alternative designs consistent with Caltrans Information and Procedures Guide Section 4-2. The Type Selection Memo will include the following structures: Bridge Structures (total 4): 1. Blackstone (Bridges 1 & 2) – a two-span underpass separation structure composed of 2 – 120-foot +/- single span, single track, 30-degree skew, ballasted, steel through plate girders (TPG) with bolted splice flanges, approximately 240 feet long. That will be constructed in two stages to facilitate continuity of rail operations. 2. McKinley (Bridges 3 & 4) – a two-span underpass separation structure composed of 2 single span, single track, 30-degree skew, ballasted, steel deck plate girders (DPG); 1 – 65-foot span and 1– 90-foot span. That will be constructed in two stages to facilitate continuity of rail operations. 3. Retaining Walls (RW), Locations A thru T (20 walls, with combined total length of approximately 7,268 feet +/-. The walls type for consideration include: Secant Pile Walls, Soil Nail Walls, Tie-Back, Grounded Anchor Walls, Cantilevered Soldier Pile Walls, CIP/RC Cantilevered Walls, or some combination of these types, to be determined during the type selection phase of the work. The Type Selection Memo will include the following: • General Description of the Project PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 26 of 54 • Structure Type Selection and Support Location Considerations for each structure • Design and Constructability Issues • Foundation Issues • Speed of Construction • Staged Construction of the Structures • Preliminary Aesthetics • Advance Planning Studies • Construction Costs A single alterative type selection study including the 4 bridge structures and the 20 retaining walls will be prepared in accordance with the requirements of the Caltrans’ Memo to Designers (MTD) 1-29 and any applicable AREMA or BNSF Railway Guidelines. The work includes the Advanced Planning Studies, Preliminary Foundation Reports. Both structural and visual design criteria will be used in developing General Plan details. This includes performing preliminary analysis to aid development of structural elements such as depth and type of the superstructure, size and shape of column members, footing sizes, and abutment types. The analysis will be consistent with the preliminary nature of design. The Type Selection Memo will include discussions noted above and will consist of a type selection memo, and a vicinity map, General Plans, construction cost estimates, for each of the structures. AECOM will be prepared to discuss and provide information on foundation requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost and other pertinent information that is needed to determine the proper structure type. This is the “Structure Type Selection” process and no further design work will be performed until written approval of the structure type is received from the City. Bridge and Retaining Wall Types Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternatives for further design. Shoofly Alignments The AECOM Team will support the processing of encroachment permits with BNSF for performance of the design team’s site investigations. The AECOM Team will perform a site visit to observe existing conditions and review project goals and objectives with the project team. Detailed photo contact sheets will be prepared. Based on input from the City and project team, site investigations performed by others (survey, geotechnical and utility data) and applicable standards, we will prepare up to 3 alternatives for achieving the shoofly necessary for construction of the underpass. The shoofly designs will be prepared as high-level concepts on a scroll print with profiles shown based on the topographic data provided. Preparation of separate drawing sheets for the shooflies is not included. Where appropriate, we will include a separate plan and profile drawing for the final condition, where the track restoration profile or alignment will be different from the existing condition. Each shoofly alternative PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 27 of 54 will involve one sheet of typical section(s), conceptual layout of the temporary at-grade crossings, and a description of construction phasing. Variances of BNSF or other standards will be identified and discussed with the City for their merits and strategy to be pursued with BNSF. Shoofly conceptual design will be evaluated with the structures, roadways and utilities. Evaluation of additional alternatives, including consideration of a jack-and-bore or push box alternative, and preparation of additional exhibits can be provided for an additional fee, if beneficial. This additional service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Three concept layouts and profiles will be prepared for 3 shoo-fly alternatives. Shoofly Alignments Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Stormwater Pump Station Outfall Three options for stormwater outfall have been identified. The AECOM Team will evaluate the three options which involve: the 30-inch storm pipe in McKinley Avenue, the 30-inch storm pipe in Blackstone Avenue, and to the Fresno Metropolitan Flood Control District (FMFCD) Drainage Area Basin CC directly and bypass existing conveyance systems. Three primary criteria will influence the study of these options. The FMFCD limits the amount of flow into their conveyance system to 2-year event. The City requires that roadway projects convey a 50-year event. The balance between the 2-year event and the 50-year event will require a large sump to attenuate this volume of stormwater. When considering the outfall to Basin CC, this basin is at capacity and currently pumps into nearby Dry Creek, but the flow is restricted to 24 cfs per the Fresno Irrigation District (FID). The AECOM Team will coordinate with FMFCD, the City, and FID when analyzing these options. Once a stormwater pump station site and the required stormwater pump station flow rate are determined, we will develop a concept site plan for the stormwater pump station locations. It is assumed that the alternative will be to discharge to Basin CC. Design will account for temporary bypass pumping which will be designed by the contactor. Three alternatives will be studied that include development of concept plans and profiles for the outfall to the 30-inch storm pipe in McKinley Avenue, the 30-inch storm pipe in Blackstone Avenue, and to the Fresno Metropolitan Flood Control District (FMFCD) Drainage Area Basin CC directly and bypass existing conveyance systems. Stormwater Pump Station Outfall Options Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternative for further design. Aesthetic Themes The AECOM Team will meet with the City to review examples of aesthetic treatments and themes and discuss the landscape and aesthetics and understand any concerns that will affect the design approach, schedule and budget. Conduct a site visit to photograph the site, review existing conditions, and analyze areas where future improvements are anticipated. This information shall be formulated into an PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 28 of 54 existing conditions / site analysis diagram for use during public workshops. Photographs will be keyed into the drawings and will be available for use throughout the design process. Participate / assist facilitating 1 stakeholder meeting to discuss aesthetic opportunities for the project. We will use this meeting to learn about the unique aspects that might influence the development of 3 theme alternatives. Three aesthetic concept themes will be developed for the landscape and aesthetics based on information from City and stakeholders. The alternatives will identify the types of landscape and aesthetics site improvements with a description about concept. Each alternative will be distinct and offer a different approach to how site materials will be used. Elements that will be explored include but are not limited to: • Bridge and retaining wall treatments/ patterns • Design of public spaces/ plazas • Pedestrian paving materials, seating materials, site furnishings imagery to support theming • Plant materials / opportunities for art, landforms The concept themes will include concept plans and three main entrance perspective sketches. Aesthetic Themes Workshop – The AECOM Team will conduct a workshop with City departments to collectively evaluate the alternatives and for the City to select the alternatives for further design. Once the concepts have been vetted with key stakeholders, the concepts will be shared with the community as part of the planned community meetings. Conceptual-Level Construction Cost Estimates Each the above 7 discipline alternatives analyses will include a conceptual-level cost estimate to inform the alternatives evaluation and selections. Estimates will be based on industry standard practices for developing engineer’s construction estimates utilizing Caltrans cost data, RSmeans and Saylor, bid results from recent similar projects, and by obtaining material costs from suppliers. Task 2.2.4 City / PDT / Stakeholder Reviews The results of the alternatives evaluation will be provided to the City, PDT members, and stakeholders for review and comment. Task 2.2.5 Right-of-Way Needs Maps AECOM will develop a right of way needs map for the City’s use in developing the Appraisal Map including the following: ♦ Acquisitions and easements needed for utility contract ♦ Acquisitions and easements needed for grade separation contract The City will be responsible for all Boundary Surveys and Research. Task 2.2 Deliverables • Utility ‘A’ Letters (8.5x11 pdf) by City, AECOM up to 2 additional • Design Criteria Memorandum – draft & final (Word & 8.5x11 pdf & hard copies (6)) • Alternatives concept plans (plans, profiles, details & typical sections as appropriate) for each alternative analysis (11x17 pdf & hard copies (6)) • Bridge and Wall Type Selection Memorandum- draft and final (8.5 x 11 pdf & hard copies (6)) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 29 of 54 • Water/Sewer Modeling Technical Memorandum – draft & final (Word & 8.5x11 pdf & hard copies (6)) • Concept-Level Construction Cost Estimates (8.5x11 pdf & hard copies (6)) • Right of Way Needs Map (11x17 pdf) • Pothole Locations Report (8.5x11 pdf) by City to AECOM Task 2.3 Design Decision Document & Preliminary Engineering Task 2.3.1 Design Decision Document The results of the alternatives analyses will be summarized in a Design Decision Document that describes the processes exercised to evaluate the alternatives, the actions taken to develop the project to key decision points, the alternative selections, and the basis for the alternative selections. During the development of the Design Decision Document, design will be advance the concept grade separation and utility relocations to 20% for the grade separation and 50% for the utility relocation. Task 2.3.2 20% Grade Separation Plans & 50% Utility Relocation (and Site Demolition – by City) Plans This task involves advancing the selected alternatives further into preliminary design. This scope assumes that the utility relocation and property acquisition/site demolition will occur in advance of completing the grade separation design to clear the project area in preparation for the grade separation construction. It is assumed that the grade separation concept design and 50% utility relocation design will be performed concurrently, and that utility relocation will begin during the 60% Grade Separation PS&E task. 50% Regional Transmission Main & Water Main Designs (U1) Design will generally include the following sheets: cover sheets, legend/note sheets, survey control sheets, utility crossing information sheets, plan and profile sheets, topographic and site plans, pump station layouts, mechanical sheets, structural sheets, civil details, corrosion protection details, and traffic control plans. The AECOM Team has identified 2 possible alignment alternatives for realigning the RTM pipeline in McKinley Avenue – one that would realign the RTM around the grade separation site, and another within the grade separation site. It is assumed that the RTM will be relocated to the south side of McKinley Avenue within the depressed roadway. The RTM will be designed consistent with the previous and recent RTM design of the same facility – cement-mortar lined and tape-coated welded steel pipe of the same size, including corrosion protection. Plan and profile sheets will be developed for the selected alignment option, as will various construction and civil details. Water grid mains will be included in this plan set as well and will be designed to be the same size and of the same materials as the existing mains. 50% design plans for the small diameter water main relocations located within Blackstone and McKinley Avenues will be developed. 50% Sewer Mains Design (U1) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 30 of 54 The AECOM Team has identified 2 possible alignment alternatives for realigning the gravity sewer main pipeline in Blackstone Avenue – one that would realign the sewer around the grade separation site, and another within the grade separation site. It is assumed that the sewer will be relocated near the current alignment in Blackstone Avenue within the depressed roadway. This will involve a sewer pump station. The sewer mains will be designed to be constructed of Polyvinyl Chloride (PVC) pipe and will be a comparable size to the existing mains (sizes may vary based on materials and peak flows). The profile design will consider existing utilities and the slope to follow the depressed roadway profile. Design will account for temporary bypass pumping which will be designed by the contactor. The AECOM Team will design relocation of the gravity sewer main in Home Avenue and will consider options for the existing 8-inch pipeline west of Blackstone Avenue. 50% Sewer Pump Station Design (U1) The AECOM Team will design the sewer pump station based on the selected alternative alignment. The pump station will be designed for a flowrate of approximately 2,400 gallons per minute (gpm) and will consist of one below-grade circular concrete wet well with submersible non-clog pumps and below-grade concrete vaults for all valves, meters, pig launching stations and other required infrastructure. The wet well will be up to 12’ in diameter with a flat concrete lid and aluminum access hatch. The wet well will be designed to have 2 to 3 pumps that are each capable of pumping at peak flowrate. All electrical infrastructure, including but not limited to Variable Frequency Drives (VFDs), Motor Control Center, SCADA facilities, and automatic transfer switch, will be installed outdoors within weatherproof cabinets. No above-ground structures are required. The pump station will also include a back-up generator with a sound- attenuating enclosure. Odor control facilities will be designed to include factory assembled and skid mounted above-ground carbon canister odor control units and bioxide chemical storage tanks and feed pumps. An odor control study has been deemed not necessary for this project. It is not expected that emergency below-grade storage tanks are required to house wastewater in the event of a pump failure; the pump station will have full redundancy and will also include inlets and outlets to connect to a temporary trailer-mounted pump. The pump station plans will be included in the 50% sewer utilities plans, and will include a topographic and demolition plan, a site grading plan, a site layout plan, mechanical drawings, structural drawings, pump station details, electrical and control design drawings and specifications. A SCADA system block diagram will be prepared showing the proposed Instrument Control Panel interface with existing SCADA computer configuration, identifying hardware, and networking requirements. The latest generation of Programmable Logic Controller (PLC) will be utilized at the time of project bidding. A list of SCADA system hardware will be prepared summarizing the recommended PLC, Operator Interface, Telemetry, and networking hardware to be utilized. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 31 of 54 New 480V electric service from PG&E to supply normal power will need to be established. AECOM will: • Coordination with local utility company (PG&E) for new low voltage service connection • New service application form completion and submittal • Service Connection Design and Construction Documents The utility coordination will be for both the stormwater and sewer lift station. The sewer lift station is anticipated to be located along Blackstone Avenue near the new BNSF Underpass. The lift station will transfer sewerage from as sump back to the existing sewer main in Blackstone Avenue south of the Underpass. Its estimated capacity is 2,400 gpm. It is expected that there will be 2 - 480V pumps in the lift station that will be equipped with Variable Frequency Drives (VFD) and tied into the City’s SCADA network. The electrical and control design deliverables for the sewer lift station are comparable to the stormwater pump station. The sewer lift station may be avoided by rerouting sewer around the project site. However, the AECOM team is prepared to design the lift station and this system is assumed for this scope of work. 50% Dry Utilities Design (Optional) (U1) It is customary for dry utility companies to perform their own design for their utilities. AECOM has design contracts with various dry utility companies and this experience is relevant to this project. This experience involves telecommunications, gas mains, and power/electric. Consequently, as an optional service, AECOM can perform the design of the relocation of the dry utilities to appropriate standards for the various utility companies to approve. This is offered as an optional service as a schedule risk mitigation strategy to deliver the project on time. This service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. 50% Utility Relocation Technical Specifications (U1) Technical specifications will be prepared for each bid set and will be provided in CSI format. 50% Site Demolition (by City) (U1) This service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. 20% Grade Separation Plans After the alternatives’ evaluations for the roads and bridges, comments will be addressed, and the concept design refined to present in the Design Decision Document. 20% Grade Separation & 50% Utility Relocation Design Construction Cost Estimates A concept-level grade separation construction cost estimate will be prepared to the same level of detail for each alternative to support the alternatives evaluation. 50% PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 32 of 54 utility relocation construction estimates will be updated for the selected alternative’s advanced design. Estimates will be based on industry standard practices for developing engineer’s construction estimates utilizing Caltrans cost data, RSmeans and Saylor, bid results from recent similar projects, and by obtaining material costs from suppliers. Task 2.3.3 Identify Long Lead Items and Strategies: As long-lead items can influence project schedules, the AECOM Team will identify such items and manage each related item for timely resolution. Such items include: • Utility relocations • BNSF coordination • Other agency coordination as needed • Right-of-way needs • Environmental impacts / permits • Hazardous materials • Special materials/equipment for construction – traffic/RR signals, controllers, cabinets, poles, vaults, etc. (for ordering materials) Task 2.3.4 Legal Descriptions, Plats and Appraisal Map (by City) Legal Descriptions, Plats and Appraisal Map Legal descriptions and plats will be prepared to support the appraisal, acquisition of additional street right of way, easements, and temporary construction easements required for the project. It is estimated that the City will prepare 9 plats and legal descriptions for partial right of way takes. A plat and legal will not be prepared for full takes. An additional 17 plats and legal descriptions is assumed for BNSF access and utility/retaining wall easements. TCEs or other maintenance needs to be determined during the design process. The scope also includes up to 9 “show me stakes” for properties during the acquisition phase. Approximately 27 preliminary title reports will be necessary to prepare the land net and to properly identify the limits of the affected parcels. From these title reports, the City will plot existing easements within the proposed project design limits. The City will perform a post-construction Record of Survey over the memorialized revised right-of-way boundary and set new monuments for the revised right-of-way. Task 2.3.5 City / PDT / Stakeholder Reviews The Design Decision Document and the results of the 20% grade separation design, and the 50% utility relocation design will be provided to the City, PDT members, and stakeholders for review and comment. Task 2.3.6 Meet with City to Present Design Progress & Design Decision Document Following the City, PDT, and stakeholder review period, we will meet with the City to present the design progress and Design Decision Document. Task 2.3 Deliverables • Design Decision Document (Word & 8.5x11 w/ 11x17 pdf & hard copies (6)) • 50% Plans for Sewer Relocation (11x17 pdf & hard copies (6)) • 50% Plans for Water Relocation (11x17 pdf & hard copies (6)) • 50% Technical Specifications (Word & 8.5x11 pdf & hard copies (6)) • Concept-Level Construction Cost Estimates (8.5x11 pdf & hard copies (6)) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 33 of 54 • Right of Way Appraisal Map (11x17 pdf) by City to AECOM • Plats and Legal Descriptions (8.5x11 pdf) by City to AECOM • “Show me stakes” by City Task 2.3 Milestones  Alternatives Selection  BNSF Concept Design Report PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 34 of 54 PHASE GS1 – 30% Grade Separation Plans and Acceptance & PHASE U1 – 75% Utility Relocation Plans TASK 3 FINAL ENGINEERING Upon selection of the alternatives for the various disciplines, final design will begin as described below. Task 3.1 Finalize Studies and Reports Task 3.1.1 Supplemental Ground Surveys (by City) The City will provide supplemental ground surveys within BNSF right of way. All hard tie-in features such as top of rail, utility inverts, edges of buildings, building finished floor elevations and similar features shall be collected by ground survey methods. The scope of supplemental ground survey includes the following: • Existing tracks: survey a minimum of 1,000 feet of track beyond all proposed tie-in locations and 1,000 feet on either side of roadway crossings, including: • Elevations at the centerline top of single rail, or both rails in perpendicular pairs. • Elevations of both rails in perpendicular pairs where superelevation is present. • Maximum point spacing shall be 100 feet on tangent and 25 feet in curves or spirals, with a minimum of 5 points per curve. • All switches and derails with point of frog, point of switch and switch stand location, and turnout last longest tie. • Top and toe of ballast. • Top and toe of embankment and ditches. • Existing buildings: survey all buildings within 25 feet of the proposed track improvements and buildings that abut the railroad right of way. Include building corners, edges of foundation, finished floor elevation, building overhangs, docks, stairs, downspouts, and any other similar projecting features. • Existing bridges: inside face of bridge parapet (top and bottom), railing, sidewalk, bridge abutments, piers, and bridge soffit elevations. • Existing at-grade crossings: gate arm locations, signal cabinets, edges of crossing panels, lane striping, and roadway signage. • Existing drainage features: watercourses, surface drainage ditches and swales, existing culverts (size and invert elevation), existing detention/retention ponds, and other similar features. • Existing surface features: driveways, edges of existing paving/gravel, fence lines and gates, top and toe of slopes, existing roads, existing trees, and other similar features. • Existing surface utilities: utility manholes, valves, fire hydrants, light poles, guy wires, communication pull boxes, and other similar features. • Existing overhead utilities: elevation of overhead lines at the sag point. • Existing structures to be demolished: building corners, finished floor elevation, equipment foundations and surface utilities serving the building. Task 3.1.2 Stormwater Prevention Pollution Plan (by City) Projects that disturb one or more acres of soil are required to obtain coverage under the Construction General Permit (CGP) for discharges of stormwater associated with PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 35 of 54 construction activity. Activities such as clearing, grading, stockpiling and excavation are examples of ground disturbance activities requiring coverage under this permit. The CGP requires the development of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP describes requirements for monitoring the site prior to, during, and after rain events, implementing Best Management Practices (BMPs) to reduce the potential for non-stormwater discharging offsite, managing stormwater run-on and run-off, and for erosion and sediment control BMPs. The City will develop the SWPPP, provide weekly SWPPP inspections, perform required stormwater monitoring, make recommendations for BMP implementation, collect stormwater samples, prepare reports of SWPPP activities, and, if requested, enter project related documents into the Regional Water Quality Control Board (RWQCB) data portal, the Stormwater Multiple Application and Report Tracking System (SMARTS) in accordance with conditions of the CGP. Task 3.1.3 Phase 2 Utility Detection and Potholing (U1) Once the final corridor for utility relocation is selected, it is assumed that approximately 20 potholes and 40 e-detect locations will be performed for final design of the utility relocation, roadway and grade separation. Surveying of potholes will be performed by the City. If more potholing and e-detects are required, additional funding could be obtained from the contingency budget. Task 3.1 Deliverables • Property line and easement data (AutoCAD, Civil 3D) by City to AECOM • Survey control information (AutoCAD, Civil 3D) by City to AECOM • Survey legend and abbreviations (AutoCAD, Civil 3D) by City to AECOM • Existing contours at 1-foot intervals (AutoCAD, Civil 3D) by City to AECOM • Top of rail survey and other hard tie-in points (AutoCAD, Civil 3D) by City to AECOM • Base survey map – signed and stamped (11x17 pdf & hard copies (2)) by City to AECOM • Spot elevations (ASCII, PNEZD) by City to AECOM • 3D breakline data/DTM (AutoCAD, Civil 3D) by City to AECOM • SWPPP – draft & final (Word & 8.5x11 pdf) by City to AECOM • Pothole location report (8.5x11 pdf & hard copies (6)) by City Task 3.2 Right-of-Way Acquisition (by City) Appraisals, acquisitions, and escrow services will be provided by the City. The AECOM Team can provide this service if desired by the City. This AECOM additional service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task 3.2 Milestones  Right-of-Way Certification Task 3.3 Obtain Permits Task 3.3.1 Regulatory Permits Incidental Take Permit (Optional) An Incidental Take Permit (ITP) may be required for the project. In compliance with the California Department of Fish and Wildlife (CDFW) regulations, the ITP would allow for PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 36 of 54 any incidental observations of sensitive species or habitat to be handled with appropriate mitigation measures on the project site. Historically, Fresno had suitable habitat for several species that are listed as “threatened” or “endangered” on the California Endangered Species Act (CESA) such as the San Joaquin kit fox, Fresno kangaroo rat, and tricolored blackbird. Due to urban sprawl, the habitat that was viable for most species has been decimated and the sightings of sensitive species have been few and far between. However, with places like Woodrow and Roeding Parks and surrounding agricultural lands in Fresno County, endangered species populations such as the tricolor blackbird are thought to be present. Protected species may traverse the City of Fresno to travel to suitable habitat surrounding the City. If protected species are observed within, or proximal, to the Project footprint, an ITP may serve to protect the City and/or Contractor from liability if these species are harmed during construction. Should it become necessary, the AECOM Team will prepare an ITP application and communicate with CDFW to ensure agency compliance and species protection. Task 3.3.2 Local Permits The AECOM Team will work with the City to prepare a General Construction Permit following City guidelines. Task 3.3 Deliverables • Permit applications (8.5 x11 pdf & hard copies (6)) Task 3.4 30% Grade Separation & 75% Utility Relocation (& Site Demolition – by City) Task 3.4.1 Utility Coordination - Utility B Letters (U1) Once utilities have been generally identified by responses to ‘A’ Letters, field surveys and record searches, the information gathered will be incorporated into the project basemap and utility conflicts will be mapped. Following this action, Utility ‘B’ Letters will be issued to utility companies requesting conflict resolution plans. Task 3.4.2 30% Grade Separation Plans Roadway The roadway design will proceed based on the selected alternatives for the Blackstone Avenue profile and cross sections. The Title Sheet will include the appropriate City and federal funding project identification, as well as a sheet schedule, a vicinity map, the project legend, general notes, and the project control points. The roadway Typical Section Sheet will include the roadway structural section as designed, based on a City supplied Traffic Index (TI) and the recommendations of the Geotechnical Report indicating the R-value. Plan and Profile sheets will be produced. The plan view will delineate the general roadway improvements and pavement dimensions. Geometric information tied to the project control points will be shown to sufficiently describe both the horizontal and vertical alignments. Drainage plans will be prepared including plans and profiles 30%, 60%, 90%, 100% and Final phases in accordance with City submittal requirements. Prepare drainage item bid quantities for each submittal. Prepare drainage specifications for each submittal. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 37 of 54 Necessary approach roadway Construction Details will be initiated at appropriate scales. Utility locations, grading limits and geometric details will be shown. Specific improvement details may also be shown on any Construction Details. Traffic handling details will be shown on relevant sheets. The plan will show route signage to be used during construction. Advisory and construction area signs (CAS) will be shown on a Construction Area Signs Sheet. A signing, striping, and pavement marking plan will be developed utilizing City standard details and current Caltrans Traffic Manual, Sign Specifications, and Standard Plans, as applicable. Existing as well as new sign locations will be shown. Sign panels will be shown for new nonstandard signs. Standard signs will be designated by appropriate Caltrans standard sign numbers. Temporary signing and striping, portable delineators, temporary crash cushion arrays and temporary railing (Type K) will be shown, as necessary, on this plan. AECOM staff will work closely with the City staff to incorporate applicable requirements into the bridge plans. Signal and Lighting, Streetlighting and Temporary Signal Preparation of signal and lighting plans will include mapping of existing signal equipment based on as-built records, and preliminary proposed location of poles and major equipment including controller cabinet and service equipment enclosure based on 30% geometric design. Preparation of streetlighting plans will include mapping of existing streetlights, and preliminary proposed streetlight locations. Bridges & Retaining Walls Upon selection of the structure alternative types, design will be advanced from the Advance Planning Study stage to the General Plan stage where Preliminary Construction Structure Quantity and Cost Estimates will be developed. The list of items of work will be prepared based upon Caltrans’ Standard Items of Work and adding items as may be necessary to incorporate BNSF standard practices. The cost estimate will identify construction work items, quantities, unit costs, and summarize the estimated total structures cost, including allowances for supplemental work, owner furnished materials, expenses, mobilization and contingencies. AECOM will furnish the City with appropriate copies of the General Plans. These will be distributed by the City for comments and comments received will be forwarded to AECOM. Shoofly The AECOM Team will advance the selected alternative to the 30% design level. The design submittal will include the required elements and meet applicable BNSF standards, including: • Submittal checklist • Shoofly plans and profiles • Preliminary grading and drainage plans, including access roads • Preliminary temporary at-grade crossing plans and profiles (2) • Typical sections • Cross sections – 100’ stations • Preliminary details PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 38 of 54 • Construction phasing and staging exhibit(s) • Preliminary utility matrix of impact utilities within BNSF’s ROW • Geotechnical report • Preliminary bridge plans and Type Selection Memo • BNSF-centric basis of design narrative BNSF will require one or more access roads to access their signal, track and other facilities. Access road will be illustrated on the grading and drainage sheets within the limits of the shoofly and BNSF’s right-of-way. The AECOM Team will provide a 30% submittal to BNSF for their review and comment. Up to 6 video conference calls with BNSF and the project team are anticipated during this 30% submittal process. The purpose of these meetings is to focus on identifying and resolving variances that may be required, identification of stakeholders, constraints and design challenges associated with the project, and developing specific solutions of mutual acceptability. Stormwater Pump Station The stormwater pump station is anticipated to be located along Blackstone Avenue near the new BNSF Underpass. The pump station will transfer stormwater to the FMFCD Basin CC. Its estimated capacity is 20,000 gpm. It is expected then that there will be 3 - 480V pumps in the pump station that will be equipped with Variable Frequency Drives (VFD) and tied into the City’s SCADA network. Preliminary design of the stormwater pump station will further evaluate the selected alternative and finalize any recommendations for final design. The preliminary electrical design package will include: • One Line Diagram • Electrical Site Plan Aesthetic Preliminary Design Based on the aesthetic alternative selected, the AECOM Team will address comments on concept plans and further develop the alternative to develop an overall site / grading plan for hardscape materials plaza areas, landscape areas, etc. associated with landscape improvements and where they interface with structures and roadways. Prepare a landscape plan that identifies the location of trees, shrub massing, groundcover and planters will be prepared. This will be used to help establish irrigation requirements. Enlarged plans at each main intersection, and perspective sketches at key locations highlighting the main design features. Constructability Review At the completion of the 30% Submittal, a constructability review will be performed by a qualified construction specialist with expertise in similar projects. Comments from this review will be used to refine the plans for the submittal. We will perform this review at this stage rather than the 90% stage as Constructability Reviews are more effective early in the plans development to avoid potential redesign work. Biddability is more important at the 90% stage as this is when the contract document is essentially complete and able to be reviewed for completeness, consistency, and thus biddability. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 39 of 54 Task 3.4.3 30% Grade Separation Specifications Items List The AECOM Team will provide a specifications items list which will serve as the basis for the construction estimate contract items list. Task 3.4.4 30% Grade Separation Construction Cost Estimate The AECOM Team will provide update the preliminary construction cost estimate. Unit prices will be applied to each contract item resulting in the Engineer’s Construction Cost Estimate (ECCE). Estimates will be based on industry standard practices for developing engineer’s construction estimates utilizing Caltrans cost data, RSmeans and Saylor, bid results from recent similar projects, and by obtaining material costs from suppliers, reflecting the location of the project and the quantity of each item. Task 3.4.5 75% Utility Relocation PS&E (U1) Wet Utility Relocation Address 50% submittal comments and update to 75%. Provide additional detail sheets as needed. Update technical specifications, and updated Construction Cost Estimates. Dry Utility Relocation (Optional) This service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task 3.4.6 75% Site Demolition PS&E (by City) This service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task 3.4.7 Meet with City to Present Design Progress (U1) The AECOM Team will meet with the City to present the progress of the 30% grade separation design and 75% utility relocation design. Task 3.4.8 Draft BNSF Construction and Maintenance Agreement (by City) Following BNSF’s approval of the 30% plans, we will support the City’s initiation of the construction and maintenance agreement. The AECOM Team will assist with coordination with BNSF stakeholders, providing technical design and railroad process counsel to the City and reviewing and providing comments on the draft agreement. The City and its attorneys will prepare all legal agreements and are responsible for execution of the ultimate agreement. Task 3.4 Deliverables • Utility ‘B’ Letters (8.5x11 pdf & hard copies (6)) • 30% Grade Separation Plans (8.5x11 pdf & hard copies (6)) • Aesthetic Site Plan, Main Entrance Plans (3 total) (11x17 pdf & hard copies (6)) • Aesthetic perspective sketches (3 total) (11x17 pdf & hard copies (6)) • 30% Grade Separation Specifications Items List (8.5x11 pdf & hard copies (6)) • 30% Grade Separation Engineers Construction Cost Estimate (8.5x11 pdf & hard copies (6)) • 30% Grade Separation Independent Construction Cost Estimate (8.5x11 pdf & hard copies (6)) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 40 of 54 • 75% Water and Sewer Relocation Plans (11x17 pdf & hard copies (6)) • 75% Water and Sewer Technical Specifications (8.5x11 pdf & hard copies (6)) • 75% Water and Sewer Cost Estimates (8.5x11 pdf & hard copies (6)) • Draft BNSF Construction and Maintenance Agreement (Word & 8.5x11 pdf) by City to AECOM • PHASE GS2 – 60% Grade Separation Plans and Acceptance & PHASE U2 – Final Utility Relocation Plans & PHASE U3 – Utility Relocation Bidding, Construction Support & Closeout • Task 3.5 60% Grade Separation & Final Utility Relocation (& Site Demolition – by City) Task 3.5.1 Utility Coordination – Utility C Letters (U2) z Once conflict resolution plans have been received from utility companies, Utility ‘C’ Letters will be sent to the companies requesting conflict resolution by a certain date and will confirm liability for the resolution. Task 3.5.2 60% Grade Separation Plans The AECOM Team will address 30% plan comments and update to 60% status. Roadway Additional plan sheets will be incorporated including drainage plans and profiles that will maintain the existing drainage flow patterns. Water pollution control and erosion control/channel plans that will identify the required temporary and permanent BMP’s to safeguard the creek from storm water run-off and erosion. The roadway design will be in accordance with the following standards: • City of Fresno, Public Works Department, Standard Drawings, November 2011 • AASHTO, Geometric Design of Highways and Streets, 2018, 7th Edition • Caltrans, Highway Design Manual, 7th Edition. Signal and Lighting, Streetlighting and Temporary Signal Signal and lighting plans will be revised based on 60% geometric design and updated to include underground conduit locations without conductor details and detection zones. Streetlighting plans will be revised based 60% geometric design and updated to include approximate service equipment enclosure location and conduit runs. Preparation of temporary signal plans for two stages with preliminary proposed location of poles and major equipment based on 60% stage construction layout. Bridges & Retaining Walls Upon approval of the Type Selection Memo and selection of structure alternatives, AECOM will proceed with the design of the underpass and retaining wall structures, creating design calculations, details and construction documents according to procedures and the design criteria decided upon at the project onset. The bridge and non-standard retaining wall plans, specifications and estimate will be prepared in accordance with the current edition of the following manuals: PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 41 of 54 • AREMA (current version) • BNSF Bridge Design Standards • AASHTO LRFD Bridge Design Specifications, 8th Edition with Caltrans Amendments • Memo to Designers • Bridge Design Aids • Bridge Design Details • Seismic Design Criteria (currently version 2.0) • Standard Plans • Standard Specifications • Caltrans PS&E Guide A standard set of Caltrans unedited contract structure specifications utilizing English units of measure will be prepared with standard structure special provisions utilized to the extent possible. Contract bid item list with quantities and unit prices updated from the Type Selection Memo will be developed. A copy of the complete 65% PS&E package will be submitted for review and comment from Caltrans and other reviewing agencies. The Geotechnical Engineer will review the structure plans prior to the 60% Plan Submittal for compliance with the geotechnical recommendations. Shoofly The AECOM Team will coordinate with BNSF for submittal of the 60% plans for their review and comment. Up to 12 video conference calls with BNSF and the project team are anticipated during this 60% submittal design process. The purpose of these meetings is to focus on reviewing design progress and identifying and resolving any key issues. Following BNSF’s approval of the 60% submittal, we will draft and file the GO-88B with the CPUC. In addition to preparing the appropriate exhibits, we will engage the stakeholders to obtain their letters of concurrence or identifying any comments to be addressed for such concurrence. Additional design as may be required to obtain stakeholder concurrence shall be provided by the appropriate design team member. Stormwater Pump Station The pump station design will be advanced to include additional structural, mechanical, electrical and controls details. To support the electrical design, the following studies will be carried out using SKM PowerTools: • Short circuit • Protective Coordination Study • Arc Flash • Electrical Load Calc and Generator Sizing (non-SKM) Aesthetic Design PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 42 of 54 The preliminary design will be advanced to enhance the site / grading plan for hardscape materials plaza areas, landscape areas, etc. and irrigation plans with landscaping/hardscaping details incorporated. Constructability Review At the completion of the 60% Submittal, a constructability review will be performed that will build off the previous 30% review to consider results of implementing 30% comments and advanced design. This review will be performed by a qualified construction specialist with expertise in similar projects. Comments from this review will be used to refine the plans for the submittal. Task 3.5.3 60% Grade Separation Technical Specifications Prior to the 60% PS&E Submittal, the plans will be reviewed by AECOM certified technical reviewers for each discipline and an updated contract items list will be produced. The technical specifications will then be compiled using the items list to collect and edit the latest Caltrans Standard Special Provisions (SSP’s). The basis of the specifications will be the latest Caltrans Standard Specifications. Required mitigation measures and permitting requirements from the environmental permits will be included in the specifications. Task 3.5.4 60% Grade Separation Construction Cost Estimate The ECCE will be updated and differences will be further reconciled for maintaining a right sized project that is in line with the project budget. An independent construction cost estimate (ICCE) performed by a qualified construction specialist with expertise in similar projects will be prepared commensurate to a 60% estimate. This estimate will be prepared based on construction resource and equipment loading. This ICCE and ECCE will be compared for differences reconciled for establishing a higher probability of construction costs for budgeting purposes and right sizing the project. Task 3.5.5 Final Utility Relocation PS&E (U2) Wet Utility Relocation Address 75% submittal comments and update to Final. Provide additional detail sheets as needed. Update technical specifications, and updated construction cost estimates. Final Anticipated Plan Sheet List • Water Utility Plans o Title Sheet o Sheet Index o Legend o Notes o Survey Control o Utility Crossing Information o Plan and Profile Sheets  RTM Pipeline (4)  Water Mains (McKinley) (4)  Water Mains (Blackstone) (5) o Civil Detail Sheets (8) o Corrosion Protection Sheets (4) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 43 of 54 • Sewer Utility Plans o Title Sheet o Index Sheet o Legend o Notes o Survey Control o Utility Crossing Information o Plan and Profiles  Sewer in McKinley (4)  Sewer in Blackstone (5)  Sewer in Home Street o Civil Details (6) o Sewer Pump Station Sheets  Site Plan  Topo/Demo Plan (2)  Grading Plan  Piping Plan  Force Main Plan and Profile Sheets (4)  Piping Sections  Wet Well Sections  Valve Vault Details (2)  Odor Control Units Details (4)  Construction Details (9)  Communication Block Diagram  Piping and Instrument Diagram  Control Panel Schematics  Motor Control Schematics  CCTV Camera Site Plan  Instrumentation Details 1  Instrumentation Details 2  Conduit and Conductor Schedule  Panel Schedule  Details No. 1 through 4  Electrical Site Plan  Single Line Diagram  Conduit Plan  Electrical Details  Switchboard and Motor Control Center Elevations  Electrical Wiring Diagrams  Conduit and Wire Schedule  Site Lighting  Electrical Equipment List  Dry Utility Relocation (Optional) This service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task 3.5.6 Final Site Demolition PS&E (by City) This service would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task 3.5.7 Utility Relocation (and Site Demolition – by City) Bidding/Construction Support (U3) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 44 of 54 Bidding Support The AECOM Team will assist the City with bidding services that will include attending pre-bid meeting, responding to bidder questions/requests for information (RFIs), issuing addenda as may be needed, and assisting the City with bidder evaluations. Construction Support The AECOM Team will assist the City with construction services that will include attending pre-construction meeting, responding to contractor RFIs, review shop drawings and product information, and attend monthly construction meetings. Task 3.5.8 Meet with City to Present Grade Separation Design Progress The AECOM Team will meet with the City to present the progress of the 60% grade separation design and Final utility relocation design and to support the City in entering the utility relocation construction phase. Task 3.5.9 60% BNSF Design Review Meeting The AECOM Team will organize and lead up to 2 in-person review meetings with BNSF to walkthrough the plans and calculations of all project elements requiring their review and approval. Task 3.5 Milestones  Utility Relocation  Site Demolition  Draft General Order 88-B Task 3.5 Deliverables • Utility ‘C’ Letters (8.5x11 pdf & hard copies (6)) • 60% Grade Separation Plans (8.5x11 pdf & hard copies (6)) • 60% Aesthetic Plans (11x17 pdf & hard copies (6)) • 60% Grade Separation Technical Specifications (8.5x11 pdf & hard copies (6)) • 60% Grade Separation Engineers Construction Cost Estimate (8.5x11 pdf & hard copies (6)) • 60% Grade Separation Independent Construction Cost Estimate (8.5x11 pdf & hard copies (6)) • Final Water and Sewer Relocation Plans (11x17 pdf & hard copies (6)) • Final Water and Sewer Technical Specifications (8.5x11 pdf & hard copies (6)) • Final Water and Sewer Cost Estimates (8.5x11 pdf & hard copies (6)) • BNSF meeting agenda & notes (8.5x11 pdf & hard copies (6)) • PHASE GS3 – 90% Grade Separation Plans and Acceptance • Task 3.6 90% Grade Separation Plans Specifications and Estimate Task 3.6.1 90% Plans The AECOM Team will address 60% PS&E comments and update to 90% status for the following discipline areas: Roadway Signal and Lighting, Streetlighting and Temporary Signal Bridge and Retaining Wall Design Check PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 45 of 54 AECOM will independently check the Unchecked Details prepared for the 60% submittal in accordance with the procedures implemented at Caltrans' Division of Structures. A registered civil engineer will develop his own calculations, computer runs, etc., to check the bridge layout and structural integrity. A plan set will be marked up in two colors, yellow indicating approved items and red indicating questions or deficiencies. The checker and designer will then work jointly to reconcile the comments and the needed plan changes will be made resulting in the Checked Details. Shoofly Stormwater Pump Station Aesthetic Design Biddability Review A constructability review was performed by a qualified construction specialist with expertise in similar projects at the completion of the 30% Submittal for the benefits previously noted. A biddability review will be performed by a qualified construction specialist with expertise in similar projects at this point that checks, plans against the specifications for bid items, specifications against the quantities for measurement and payment, and the estimate against the quantities for appropriate unit cost determinations when items are measured and paid for as another item of work or fully compensated into another item. The purpose of this task is to review for completeness, consistency, and thus biddability. Task 3.6.2 90% Specifications Prior to the 90% PS&E Submittal, the plans will be reviewed by AECOM certified technical reviewers for each discipline and an updated contract items list will be produced. AECOM will update the technical specifications prepared during the 90% phase as needed. The technical special provisions will then be compiled with City supplied boilerplate specifications, including Section 4, order of work, time of completion, etc. It is assumed that the City will prepare the “boiler plate” documents, including the notice to bidders, proposal, bond forms, and agreement. Required mitigation measures and permitting requirements from the environmental permits will be confirmed as included. Task 3.6.3 90% Construction Cost Estimate Two independent sets of bridge and retaining wall quantity calculations will be prepared by individuals experienced in this work. The quantity calculations will be organized and detailed for use by field inspectors during construction. Standard Caltrans summary sheets will be used for bridge and road quantity calculations, aiding in facilitating the review process and use by the construction personnel. Bridge and retaining wall quantity estimators must agree within tolerances prescribed in Chapter 11 of the Caltrans Bridge Design Aids Manual. Any deviations will be resolved, and the Marginal Estimate sheet will be prepared. The ECCE will be updated. Task 3.6.4 Primary Task Construction Schedule PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 46 of 54 The AECOM Team will prepare a construction schedule based on primary tasks and by a qualified construction specialist with expertise in similar projects. This schedule will be prepared by Primavera 6 (P6). Task 3.6.5 Meet with City to Present Design Progress The AECOM Team will meet with the City to present the progress of the 90% grade separation design. Task 3.6 Deliverables • 90% Grade Separation Plans (11x17 pdf & hard copies (6)) • 90% Grade Separation Specifications (8.5x11 pdf & hard copies (6)) • 90% Grade Separation Engineers Construction Cost Estimate (8.5x11 pdf & hard copies (6)) • 90% Grade Separation Independent Construction Cost Estimate (8.5x11 pdf & hard copies (6)) • PHASE GS4 - Final Grade Separation Plans and Acceptance • Task 3.7 Final Grade Separation Construction Documentation Address 100% plan comments and update to Final (Ready to Advertise) status. Task 3.7.1 Final Plans Preparation of the final construction documents will include, addressing the Draft Final Review Comments, final QA/QC, signed technical specifications and a construction cost estimate. This Final PS&E will be submitted to the City for Council Approval to advertise for construction. Final Approximate Plan Sheet List • Title Sheet • Roadway Plans o Typical Sections o Horizontal and Vertical Control (2) o Key Map o Layouts (9) o Construction Details- Intersections (6) o Construction Details -Miscellaneous (6) Drainage Plans (9) o Drainage Profiles (6) o Drainage Details (4) o Temporary Water Pollution Control Plans (20) o Temporary Water Pollution Control Details (4) o Erosion Control Plans and Details (5) o Utility Plans (included in layouts) o Stage Construction (20) o Construction Area Signs o Traffic Handling Plans (36) o Traffic Handling Sections (8) o Traffic Handling Details (4) o Detour Plans (4) o Construction Area Signs o Pavement Delineation Plans (9) o Pavement Details (3) PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 47 of 54 o Signs Plans (9) o Sign Details (1) o Retaining Wall Plans/Elevations- Standard A, D thru H, J thru L, N & O (15) o Retaining Wall Details (5) o Surface Treatment Plans and Details (8) o Site Furnishing Plans and Details (4) o Electrical Plans o Landscaping Plans o Irrigation Plans o Irrigation Schedule o Plant List and Specifications o Planting Plans o Irrigation Enlargements o Planting Enlargements • Bridge Plans- Blackstone Avenue Underpass o General Plans and Elevations o Index to Plans & General Notes o Structure Plan 1- Stage 1 & 2 o Deck Contours o Foundation Plan- Stage 1 & 2 (2) o Abutment 1 & 3 Layouts (2) o Abutment Details No. 1 & 2 (2) o Bent 2 Layout o Bent 2 - Details (2) o Typical Section o Framing Plan o Girder Elevations (2) o Girder Sections & Details (4) o Walkway & Ballast Plate Plan & Details (2) o Miscellaneous Girder Details (3) o TPG Bearing Details o End Floor Beam Bearing Details o Bridge Deck Waterproofing Layout & Details o Miscellaneous Details (2) o Approach Slab Layout & Details o Typical Drainage Details o Architectural Details No. (6) o Log of Test Borings (2) • Bridge Plans – McKinley Avenue Underpass o General Plans and Elevations o Index to Plans & General Notes o Structure Plan o Deck Contours o Foundation Plan - Stage 1 & 2 (2) o Abutment 1 & 3 Layouts (2) o Abutment Details No. 1 & 2 (2) o Bent 2 Layout o Bent 2 Details (2) o Typical Section o Miscellaneous Typical Sections o Framing Plan o Girder Elevations (2) o Girder Sections & Details (4) o Walkway & Ballast Plate Plan & Details (2) o Miscellaneous Girder Details o DPG Bearing Details PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 48 of 54 o End Floor Beam Bearing Details o Bridge Deck Waterproofing Layout & Details o Miscellaneous Details (2) o Approach Slab Layout & Details o Typical Deck Drainage Details o Architectural Details No. (6) o Log of Test Borings (2) • Retaining Wall Plans – Special o Retaining Wall Layouts – Special – B, C, I, M, P thru T (31) o Retaining Wall Details – Secant Pile Walls (4) o Retaining Wall Details – Grounded Anchor Walls (4) o Retaining Wall Details – CIP/RC Cantilevered Walls (4) o Retaining Wall Drainage Details (2) o Retaining Wall Miscellaneous Drainage Details (2) o Architectural Details No. (2) o Log of Test Borings (8) • Stormwater Pump Station Plans o Title Sheet o Sheet Index o Notes o Survey Control o Utility Crossing Information o Force Main Plan and Profile Sheets (4) o Site Plan o Topo/Demo Plan (2) o Grading Plan o Piping Plan o Piping Sections o Wet Well Sections o Valve Vault Details o Construction Details (9) o Switchboard and Motor Control Center Elevations o Legend and Symbol Sheet o Communication Block Diagram o Piping and Instrument Diagram o Control Panel Schematics o Motor Control Schematics o CCTV Camera Site Plan o Instrumentation Details 1 o Instrumentation Details 2 o Conduit and Conductor Schedule o Panel Schedule o Details No. 1 through 4 o Electrical Legend, Abbreviations, and Symbols o Electrical Site Plan o Single Line Diagram o Conduit Plan o Electrical Details o Electrical Wiring Diagrams o Conduit and Wire Schedule o Site Lighting o Switchboard and Motor Control Center Elevations o Electrical Equipment List • Railroad Plans PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 49 of 54 o Submittal checklist o Shoofly plans and profiles o Grading and drainage plans, including access roads o Typical sections o Cross sections – 100’ stations o Track and civil details o Drainage report o Restoration plans and profiles o Temporary at-grade crossing plans (2) o Construction phasing and staging exhibit(s) o Demolition plans o Utility matrix o Geotechnical report (coordinated with AECOM) o Bridge plans and calculations (coordinated with AECOM) o Details of any significant shoring, falsework and erection, as known o BNSF-centric basis of design narrative (coordinated with AECOM) Task 3.7.2 Final Technical Specifications AECOM will update the technical specifications prepared during the 100% phase as needed. The technical special provisions will then be compiled with City supplied updated boilerplate specifications, including Section 4, order of work, time of completion, etc. It is assumed that the City will prepare the “boiler plate” documents, including the notice to bidders, proposal, bond forms, and agreement. Required mitigation measures and permitting requirements from the environmental permits will be confirmed as included. Task 3.7.3 Final Construction Cost Estimate The ECCE will be updated, and differences will be further reconciled for maintaining a right sized project that is in line with the project budget. Task 3.7 Milestones  Grade Separation PS&E Certification  BNSF Plan Approval  Approved General Order GO 88-B Task 3.7 Deliverables • Final Grade Separation Plans (11x17 pdf & hard copies (6)) • Final Grade Separation Plans (full-size vellum) • Final Grade Separation Technical Specifications (8.5x11 pdf & hard copies (6)) • Final Grade Separation Construction Cost Estimate (8.5x11 pdf & hard copies (6)) TASK 4 CONSTRUCTION SUPPORT Given the uncertain nature of construction, these construction support services are approximately budgeted and will be revisited with the City upon the project’s development through Task 3 and renegotiated if necessary. These construction support services may include the following tasks: PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 50 of 54 • PHASE GS5 – Grade Separation Bidding Support, Construction Support, Record Drawings & Close Out • Task 4. 1 Bidding and Award Services AECOM will provide bidding assistance to the City. This will include consultation and interpretation of the contract documents and assisting the City in preparing addenda to the PS&E and attending pre-bid or construction meetings and bid openings. The Project Team will be available to aid the City, as required, during bidding of the project. This could include answering questions from perspective bidders, assisting the City in the preparation of addenda to the PS&E during the advertisement period, and providing consultation and interpretation of the construction documents. Since the City is the primary point of contact and response, we have assumed an on-call role for this task. Upon authorization from the City, following Scope-of-Work and Budget allocations, the Team will provide any engineering services the City may need during bidding and award phase. Bidding and Award Services could be summarized as follows: Task 4.1.1 Respond to requests for information (RFI’s) Task 4.1.2 Prepare Addenda Task 4.1.3 Attend Bid Opening and Assist City with Bid Analysis Task 4.1 Deliverables • Response to RFI’s • Addenda as needed PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 51 of 54 NOTICE TO PROCEED 5 – CONSTRUCTION SUPPORT Task 4.2 Construction Support Construction support during construction is considered an Construction Engineering (CE) Phase with FHWA and Caltrans and requires a separate scope and contract following the Preliminary Engineering (PE) Phase The Project Team can provide engineering assistance to the City, on an on-call as-needed basis during construction phase of the project. Construction Support could include: Task 4.2.1 Attend Preconstruction, Kick-off and Partnering Meeting Task 4.2.2 Review Shop Drawings and Schedules Task 4.2.3 Respond to RFI’s Task 4.2.4 Review Contract Change Orders Task 4.2.5 Prepare Record Drawings Task 4.2.6 Project Close Out Task 4.2 Deliverables • Response to RFI’s • Shop Drawing review response (8.5x11 pdf) • Record Drawings (AutoCAD and Full Size Mylar) Task 4 Milestones  Bid and Award Construction  Project Close Out TASK X OPTIONAL SERVICES These services would be provided upon negotiation of additional scope and fee and upon separate notice to proceed. Funding could be obtained from the contingency budget for this service. Task X.1 Dry Utility Relocation Design Task X.2 Site Demolition Services Task X.3 Sewer/Water Distribution System Modeling Task X.4 Parking Study for Construction Impacts to College Access Task X.5 Intersection Signal Analyses – Blackstone/University Task X.6 Traffic Signal Phasing Analysis Task X.7 Signal and Lighting at Blackstone/University (30%/60%/90%/100%/Final) Task X.8 Two Pedestrian Signals with RRFB (30%/60%/90%/100%/Final) Task X.9 Sewer Main Flow Monitoring Task X.10 Outreach Synopsis Report PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 52 of 54 SCOPE OF WORK ASSUMPTIONS 1. One stormwater pump station is required. 2. The survey data will be tied to the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAVD88). 3. Cost of City right-of-way encroachment permit will be waived. 4. The City will obtain “Permit to Enter/Survey” for all parcels affected by this project. 5. A “Flag Person” will be required to work within the BNSF Right-of-way. The coordination and cost will be borne by the City. 6. The City will prepare legal descriptions and plats in support of right-of-way acquisitions. 7. The City will provide the title reports required for the project to support the compilation of the land net and plotting easements of record. 8. The City Survey Team will perform all topographic and boundary surveying. 9. The City Survey Team are certified to work within the BNSF right-of-way. If not, the AECOM Team can perform those services as additional services. 10. Project duration through Final Grade Separation Construction Documentation (ready to advertise) is anticipated to be up to 34 months. 11. No design exceptions are expected. If required, the design exceptions will be provided as additional services. 12. City will provide as-built drawings, reports, and or studies as exist for projects within the vicinity or this project including geotechnical data, initial site assessments (Phase 1 and Phase 2), design plans, maintenance reports, hydraulic studies, etc. 13. City Encroachment and Well Construction Permit fees will be waived. 14. Borings will be allowed to be performed within daylight hours between 7AM and 4PM. 15. Borings will not be necessary within the railroad right-of-way to avoid obtaining a BNSF Railroad Access Agreement. 16. Near site benchmarks or other temporary reference elevations will be provided by the City. 17. Environmental liens search will not be conducted for the project Site. 18. The Optional ISA does not include an assessment for asbestos-containing building materials, radon, lead-based paints, lead in drinking water, molds and mildews, indoor air quality, cultural and historic resources, ecological resources, wetlands, threatened or endangered species, industrial hygiene, health and safety, and other Standard Practice non-scope considerations. 19. The project is Statutorily Exempt Pursuant to Article 18 of the State of CEQA Guidelines and Section 21080.13 of the California Public Resources Code and no additional environmental studies are required. 20. Traffic analysis is only necessary for estimating construction related traffic circulation impacts and identifying potential mitigation strategies. 21. No streetlighting analysis of spacing required. Streetlighting spacing will follow the placement guidance of the City of Fresno Public Works Department Standard Drawings. 22. The removal and modification of the existing railroad crossing signals will be prepared by BNSF. Designer of signal and lighting, permanent and temporary, will coordinate with the railroad company PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 53 of 54 for railroad pre-emption, signal phasing and depicting design by the railroad company on the grade separation submittal as construction by others. 23. Review comments from City staff on deliverables will be consolidated with any conflicts resolved prior to issuing to AECOM and one round of reviews will occur for each deliverable. 24. Storm Drain System Modeling will be performed by the Fresno Municipal Flood Control District with hydrologic and hydraulic data provided by AECOM. 25. The actual Task costs may differ from task to task from that proposed in the fee proposal, but the overall fee will not be exceeded unless additional work is requested and approved by the City. Any additional work scope and fee will be negotiated with the City prior to such work being performed. 26. Construction Cross Sections and staking notes are not included. 27. Construction staking is not included. 28. Roundabout design and realigned college access road not included. 29. Approximately 20 pothole locations and 40 e-detects for alternatives evaluation will be provided to the City Survey Team for staking. The City will utilize the survey data for processing and updating the topographic drawings. 30. Approximately 40 potholes and 80 e-detect location will be provided for the final utility corridor selection. The City will utilize the survey data for processing and updating the topographic drawings. 31. The utility relocation and property acquisition/site demolition will occur in advance of completing the grade separation design to clear the project area in preparation for the grade separation construction. 32. The grade separation concept design and 50% utility relocation design will be performed concurrently, and that utility relocation will begin during the 60% Grade Separation PS&E task. 33. The RTM will be relocated to the south side of McKinley Avenue within the depressed roadway. 34. The sewer will be relocated near the current alignment in Blackstone Avenue within the depressed roadway. This will involve a sewer pump station. 35. An odor control study is not included. 36. Emergency below-grade storage tanks are not required to house wastewater in the event of a pump failure; the pump station will have full redundancy and will also include inlets and outlets to connect to a temporary trailer-mounted pump. 37. Stormwater pump station will discharge to FMFCD basin CC, approximately ¼ mile to the southeast of the project site. 38. Design will consider temporary bypass pumping of sewer and water that will be designed by the contactor. 39. AECOM will provide the City with Technical Specifications. The City will prepare the font-end/boiler plate specs with technical input from AECOM. 40. Combined construction contract documents will be prepared for the water and sewer relocation. 41. Attendance at bid opening will not be required. 42. Construction inspection services are excluded. 43. Construction materials testing is excluded. 44. Railroad signal design shall be by BNSF. 45. Traffic signal preemption design shall be by City or others. 46. Payment of all plan check, permit and filing fees will be paid by City. 47. The City will provide Assessor’s Parcel Number or physical site address. PW00937 BNSF Blackstone McKinley GS Design Contract Ex. A Page 54 of 54 48. Regarding the Optional Phase I ESA, water well information other than location and identification is not included. 49. Civil 3D Modeling not submitted. 50. Roadway realignment will be studied but not designed. 51. 8.5 x 11 and 11x17 prints for public outreach related events will be by the City. AECOM will provide electronic document to City for printing. 52. Industry spur and siding are out of service and will not influence shoofly design. 1 Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below, and any such insurance required by BNSF. However, insurance limits available to CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $2,000,000 per occurrence for bodily injury and property damage; (ii) $2,000,000 per occurrence for personal and advertising injury; (iii) $4,000,000 aggregate for products and completed operations; and, 2 (iv) $4,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $5,000,000 per claim/occurrence; and, (ii) $10,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self- insured retentions. 3 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended 4 reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required 5 side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no side agreement is required, CONSULTANT shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and any such insurance and indemnification as may be required by BNSF and CONSULTANT shall ensure that CITY, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with CONSULTANT, and CITY, prior to commencement of any work by the subcontractor. 6 Exhibit B-1 JMA Civil Side Agreement AGREEMENT THIS AGREEMENT (Agreement) made and entered into as of this ____ day of April 2021, entered into between the City of Fresno, a municipal corporation (City), and JMA Civil (Contractor). RECITALS City and AECOM Technical Services., (Consultant) entered into a Consultant Services Agreement, (Agreement) on or about April 9, 2021, which requires Consultant to provide certain insurance and indemnity to the City; and This Agreement requires the Contractor to provide insurance indemnify, hold harmless, and defend City; and The City and Contractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the Agreement with the Consultant. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Contractor is responsible for any and all insurance and indemnification required by BNSF. If Contractor should subcontract all or any portion of the work 7 performed under this Contract, Contractor shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 2. Contractor shall comply with the insurance requirements as described in Attachment A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. City: City of Fresno, A California municipal corporation By: Thomas Esqueda, City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy Contractor: [Contractor name and business entity type] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Attachment A 1 ATTACHMENT A INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 5. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 6. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 7. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 8. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 4. COMMERCIAL GENERAL LIABILITY: (v) $1,000,000 per occurrence for bodily injury and property damage; (vi) $1,000,000 per occurrence for personal and advertising injury; (vii) $2,000,000 aggregate for products and completed operations; and, (viii) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 5. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 6. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 7. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (iii) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (iv) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 4. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad 3 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 5. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 6. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 6. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 7. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 8. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 9. A copy of the claims reporting requirements must be submitted to CITY for review. 10. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY 4 under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 5 Exhibit B-2 Blair, Church & Flynn Side Agreement AGREEMENT THIS AGREEMENT (Agreement) made and entered into as of this ____ day of April 2021, entered into between the City of Fresno, a municipal corporation (City), and Blair, Church & Flynn (Contractor). RECITALS City and AECOM Technical Services., (Consultant) entered into a Consultant Services Agreement, (Agreement) on or about April 9, 2021, which requires Consultant to provide certain insurance and indemnity to the City; and This Agreement requires the Contractor to provide insurance indemnify, hold harmless, and defend City; and The City and Contractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the Agreement with the Consultant. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Contractor is responsible for any and all insurance and indemnification required by BNSF. If Contractor should subcontract all or any portion of the work 6 performed under this Contract, Contractor shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 2. Contractor shall comply with the insurance requirements as described in Attachment A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. City: City of Fresno, A California municipal corporation By: Thomas Esqueda, City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy Contractor: [Contractor name and business entity type] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Attachment A 1 ATTACHMENT A INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 9. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 10. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 11. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 12. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 8. COMMERCIAL GENERAL LIABILITY: (ix) $1,000,000 per occurrence for bodily injury and property damage; (x) $1,000,000 per occurrence for personal and advertising injury; (xi) $2,000,000 aggregate for products and completed operations; and, (xii) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 9. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 10. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 11. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (v) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (vi) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 7. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad 3 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 8. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 9. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 11. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 12. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 13. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 14. A copy of the claims reporting requirements must be submitted to CITY for review. 15. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY 4 under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 5 Exhibit B-3 Kleinfelder Side Agreement AGREEMENT THIS AGREEMENT (Agreement) made and entered into as of this ____ day of April 2021, entered into between the City of Fresno, a municipal corporation (City), and Kleinfelder (Contractor). RECITALS City and AECOM Technical Services., (Consultant) entered into a Consultant Services Agreement, (Agreement) on or about April 9, 2021, which requires Consultant to provide certain insurance and indemnity to the City; and This Agreement requires the Contractor to provide insurance indemnify, hold harmless, and defend City; and The City and Contractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the Agreement with the Consultant. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Contractor is responsible for any and all insurance and indemnification required by BNSF. If Contractor should subcontract all or any portion of the work 6 performed under this Contract, Contractor shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 2. Contractor shall comply with the insurance requirements as described in Attachment A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. City: City of Fresno, A California municipal corporation By: Thomas Esqueda, City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy Contractor: [Contractor name and business entity type] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Attachment A 1 ATTACHMENT A INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 13. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 14. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 15. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 16. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 12. COMMERCIAL GENERAL LIABILITY: (xiii) $1,000,000 per occurrence for bodily injury and property damage; (xiv) $1,000,000 per occurrence for personal and advertising injury; (xv) $2,000,000 aggregate for products and completed operations; and, (xvi) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 13. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 14. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 15. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (vii) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (viii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 10. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad 3 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 11. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 12. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 16. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 17. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 18. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 19. A copy of the claims reporting requirements must be submitted to CITY for review. 20. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY 4 under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 5 Exhibit B-4 V&G Side Agreement AGREEMENT THIS AGREEMENT (Agreement) made and entered into as of this ____ day of April 2021, entered into between the City of Fresno, a municipal corporation (City), and V&G Builders (Contractor). RECITALS City and AECOM Technical Services., (Consultant) entered into a Consultant Services Agreement, (Agreement) on or about April 9, 2021, which requires Consultant to provide certain insurance and indemnity to the City; and This Agreement requires the Contractor to provide insurance indemnify, hold harmless, and defend City; and The City and Contractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the Agreement with the Consultant. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Contractor is responsible for any and all insurance and indemnification required by BNSF. If Contractor should subcontract all or any portion of the work 6 performed under this Contract, Contractor shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 2. Contractor shall comply with the insurance requirements as described in Attachment A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. City: City of Fresno, A California municipal corporation By: Thomas Esqueda, City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy Contractor: [Contractor name and business entity type] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Attachment A 1 ATTACHMENT A INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 17. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 18. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 19. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 20. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 16. COMMERCIAL GENERAL LIABILITY: (xvii) $1,000,000 per occurrence for bodily injury and property damage; (xviii) $1,000,000 per occurrence for personal and advertising injury; (xix) $2,000,000 aggregate for products and completed operations; and, (xx) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 17. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 18. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 19. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (ix) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (x) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 13. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad 3 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 14. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 15. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 21. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 22. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 23. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 24. A copy of the claims reporting requirements must be submitted to CITY for review. 25. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY 4 under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 5 Exhibit B-5 Design Workshop Side Agreement AGREEMENT THIS AGREEMENT (Agreement) made and entered into as of this ____ day of April 2021, entered into between the City of Fresno, a municipal corporation (City), and Design Workshop (Contractor). RECITALS City and AECOM Technical Services., (Consultant) entered into a Consultant Services Agreement, (Agreement) on or about April 9, 2021, which requires Consultant to provide certain insurance and indemnity to the City; and This Agreement requires the Contractor to provide insurance indemnify, hold harmless, and defend City; and The City and Contractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the Agreement with the Consultant. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Contractor is responsible for any and all insurance and indemnification required by BNSF. If Contractor should subcontract all or any portion of the work 6 performed under this Contract, Contractor shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 2. Contractor shall comply with the insurance requirements as described in Attachment A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. City: City of Fresno, A California municipal corporation By: Thomas Esqueda, City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy Contractor: [Contractor name and business entity type] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Attachment A 1 ATTACHMENT A INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 21. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 22. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 23. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 24. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 20. COMMERCIAL GENERAL LIABILITY: (xxi) $1,000,000 per occurrence for bodily injury and property damage; (xxii) $1,000,000 per occurrence for personal and advertising injury; (xxiii) $2,000,000 aggregate for products and completed operations; and, (xxiv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 21. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 22. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 23. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (xi) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (xii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 16. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad 3 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 17. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 18. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 26. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 27. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 28. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 29. A copy of the claims reporting requirements must be submitted to CITY for review. 30. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY 4 under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 5 Exhibit B-6 VRPA Side Agreement AGREEMENT THIS AGREEMENT (Agreement) made and entered into as of this ____ day of April 2021, entered into between the City of Fresno, a municipal corporation (City), and VRPA (Contractor). RECITALS City and AECOM Technical Services., (Consultant) entered into a Consultant Services Agreement, (Agreement) on or about April 9, 2021, which requires Consultant to provide certain insurance and indemnity to the City; and This Agreement requires the Contractor to provide insurance indemnify, hold harmless, and defend City; and The City and Contractor desire to enter into this Agreement to comply with any and all insurance requirements as dictated in the Agreement with the Consultant. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend CITY, Fresno County Transportation Authority (FCTA) and each of their officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY or FCTA, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY, Fresno County Transportation Authority or any of their officers, officials, employees, agents and volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend CITY, Fresno County Transportation Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. Contractor is responsible for any and all insurance and indemnification required by BNSF. If Contractor should subcontract all or any portion of the work 6 performed under this Contract, Contractor shall require subcontractor meet any and all insurance and indemnification required by BNSF. This section shall survive termination or expiration of this Contract. 2. Contractor shall comply with the insurance requirements as described in Attachment A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. City: City of Fresno, A California municipal corporation By: Thomas Esqueda, City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Kristi M. Costa Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy Contractor: [Contractor name and business entity type] By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachment: Attachment A 1 ATTACHMENT A INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (“CITY”) and AECOM Technical Services, Inc. (“CONSULTANT”) BNSF Blackstone McKinley Grade Separation PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 25. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 26. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 27. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 28. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 24. COMMERCIAL GENERAL LIABILITY: (xxv) $1,000,000 per occurrence for bodily injury and property damage; (xxvi) $1,000,000 per occurrence for personal and advertising injury; (xxvii) $2,000,000 aggregate for products and completed operations; and, (xxviii) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 25. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 26. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 27. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager or designee. At the option of the CITY’s Risk Manager or designee, either: (xiii) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (xiv) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 19. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad 3 as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. 20. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 21. For any claims relating to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of CONSULTANT’s insurance and shall not contribute with it. CONSULTANT shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 31. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 32. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 33. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 34. A copy of the claims reporting requirements must be submitted to CITY for review. 35. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY 4 under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. Should any of the required policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by any defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. Exhibit C DISCLOSURE OF CONFLICT OF INTEREST BNSF Blacktsone McKinley Grade Separation PROJECT TITLE YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (name) (company) (address) Additional page(s) attached. (city state zip) BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN ENGINEERING SERVICES DIVISION DISTRICT 1 BNSF - E. MCKINLEY AVE. AND N. BLACKSTONE AVE. DISTRICT 7 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-444,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:WILLIAM C. HERR, Assistant Director Public Works Department, Construction Management and Facilities Divisions BY:BRIAN KUJAWSKI, Senior Engineering Inspector Public Works Department, Construction Management Division SUBJECT Approve Contract Change Order No. 05 in the amount of $155,555 to Avison Construction, Inc., for the Veterans Boulevard South Extension, Project ID PW00883 (Council District 2) RECOMMENDATIONS Staff recommends that City Council approve Contract Change Order No. 05 with Avison Construction, Inc., of Madera, California, for a total increase in contract amount of $155,555 for the Veterans Boulevard South Extension Project. EXECUTIVE SUMMARY Staff recommends City Council approval of Contract Change Order No. 05 for the Veterans Boulevard South Extension Project to meet Buy America requirements of the Surface Transportation Assistance Act of 1982 (section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) sections 1041(a) and 1048(a) and the regulations adopted pursuant thereto on all steel and iron materials incorporated into the work. This Change Order will ensure that all manufacturing processes for steel and iron materials furnished for incorporation into the work occurred in the United States of America. City Council approval of Contract Change Order No. 05 allows for payment to Avison Construction, Inc., to furnish American steel and iron materials in lieu of non-domestic materials for incorporation into the work. The project is funded by State Local Partnership Program grant, Local Measure “C”, and Developer Fee funding. BACKGROUND City of Fresno Printed on 4/2/2021Page 1 of 2 powered by Legistar™ File #:ID 21-444,Version:1 On August 27, 2020, a Contract was awarded in the amount of $6,563,662 to Avison Construction, Inc., for the Veterans Boulevard South Extension project. The Notice to Proceed was issued with a starting date of November 23, 2020, and completion date of October 7, 2021. There have been four Contract Change Orders executed to date for a total amount of $125,000 and a net change of 1.9% of the original contract price. During the course of the work, it was determined that Buy America provisions are needed for implementation on this phase of the Veterans Boulevard Project. Buy America provisions are required for integration into this construction contract per Article 18 of U.S. Department of Transportation General Terms and Conditions Under the Fiscal Year 2019 BUILD Transportation Grants Program. Although this phase of the Veterans Boulevard Project is not allocated BUILD grant money, it is subject to the aforementioned Article since it is encompassed in the overall Veterans Boulevard NEPA footprint. Contract Change Order No. 05 will provide payment to Avison Construction, Inc., to furnish domestic steel and iron materials in lieu of non-domestic materials for incorporation into the work which was not included in the original scope work. Staff recommends that City Council approve Contract Change Order No. 05 on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS This is not a project for the purposes of CEQA pursuant to CEQA guidelines section 15378(b)(5), as it is an administrative action that will not result in direct or indirect changes to the environment. LOCAL PREFERENCE Local Preference was not considered because this action does not include a bid or an award of a City construction contract. FISCAL IMPACT This Contract Change Order has no impact to the General Fund and will be completely funded with contingency funds already included in the approved project budget. The project is funded by State Local Partnership Program grant, Local Measure “C”, and Developer Fee funding. Attachment: Contract Change Order No. 05 City of Fresno Printed on 4/2/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-445,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:R. SCOTT BEYELIA, Supervising Real Estate Agent Public Works Department, Real Estate and Lease Services SUBJECT Approve the Agreement for Purchase and Sale of a 1,183 square foot permanent easement from a portion of 3936 North Polk Avenue (APN: 511-012-01), owned by Maria D. Meraz for $80,100 in compensation (Council District 1) RECOMMENDATION Staff recommends the City Council approve the acquisition of a permanent street easement and escrow instruction for the acquisition of a 1,183 square foot permanent street easement at 3936 North Polk Avenue (APN: 511-012-01) from Maria D. Meraz in the amount of $80,100 and authorize the Public Works Director or his designee to sign all documents necessary to complete the subject acquisition. EXECUTIVE SUMMARY The conditions of approval of Vesting Tentative Map No. 6215 imposed the requirement to install a traffic signal at the corner of North Polk Avenue and West Ashlan Avenue. The Subdivider has executed the Subdivision Agreement with an addendum that provides for the City to negotiate and/or exercise its power of eminent domain, to acquire the necessary rights of way easements. All right-of- way acquisition expenses are being paid for by the developer. BACKGROUND The Fresno City Planning Commission on June 19, 2019, approved Vesting Tentative Map No. 6215 (Tentative Map) for a 98-lot single-family residential subdivision on 17.35 acres. The Tentative Map City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-445,Version:1 (Tentative Map) for a 98-lot single-family residential subdivision on 17.35 acres. The Tentative Map was approved consistent with the Fresno General Plan and the West Area Community Plan to comply with the provisions of the Subdivision Map Act. The Final Map of Tract No. 6215 and the Subdivision Agreement of the Final Map of Tract No. 6215 including Addendum to Subdivision Agreement for Right of Way Acquisition was approved and recorded on June 5, 2020. The right of way at 3936 North Polk Avenue (APN: 511-012-01), owned by Maria D. Meraz, is one of four parcels required pursuant to the conditions of approval of Vesting Tentative Map No. 6215. The right of way is required in order to install a traffic signal to accommodate the additional traffic generated by the subdivision. The Subdivider posted an initial deposit in the amount of $211,000 for the estimated acquisitions and legal costs. An appraisal was conducted by Joshua J. Palmer with James G. Palmer Appraisals, Inc., with a total appraised value of $80,100. Maria D. Meraz is the owner of the property and has agreed to accept the appraised value as full compensation. The City Attorney’s Office has approved the Agreement for Purchase and Sale of a Street Easement and Escrow Instructions and the Deed of Easement as to form. ENVIRONMENTAL FINDINGS A Mitigated Negative Declaration (Environmental Assessment No. T-6215/UGM) was prepared for vesting Tentative Tract Map No. 6215. The installation of a traffic signal at Ashlan and Polk was identified as a traffic impact mitigation measure and was included in the CEQA analysis. LOCAL PREFERENCE Local preference does not apply because approval of the Purchase and Sale Agreement does not include a bid or award of a construction or service contract. FISCAL IMPACT The acquisition is located in Council District 1. There will be no impact to the City’s General Fund. Aggregate funds in the amount of $211,000 for acquisition costs have been provided by the developer. All funding necessary for the subject acquisition was included in the current fiscal year adopted City budget. Attachments: Agreement for Purchase and Sale Deed of Easement Location Map Vicinity Map City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-445,Version:1 City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ Copyright nearmap 2015 LOCATION MAPN 0 0.008 0.0160.004 Miles DEPARTMENT OFPUBLIC WORKS APN: 511-012-01 North Polk Avenue and West Ashlan Avenue Traffic Signal Project Maria D. Meraz Project ID: PW00936 Council District: 1 APN: 511-012-01 W. Ashlan Ave.N. Polk Ave. Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS VICINITY MAP City Limits APN: 511-012-01North Polk Avenue and West Ashlan AvenueTraffic Signal ProjectMaria D. MerazProject ID: PW00936Council District: 1 Council District 1 APN: 511-012-01 j City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-447,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION - Of Intention to Annex Final Parcel Map No. 2020-09 as Annexation No. 51 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, May 13, 2021, at 10:05 am (territory located west of North Chestnut Avenue between East Herndon and Fir Avenues) (Council District 6) RECOMMENDATION Adopt Resolution of Intention to Annex Final Parcel Map No. 2020-09 as Annexation No. 51 to the City of Fresno Community Facilities District No. 9 (CFD No. 9) and to Authorize the Levy of Special Taxes. EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno (City) to have Final Parcel Map No. 2020-09 annexed to CFD No. 9 to provide funding for the Services (as hereinafter defined) pertaining to certain above ground public improvements associated with this subdivision. The cost for these Services for the public improvements totals $6,763 annually for Fiscal Year 2020-2021. Annexation No. 51 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, May 13, 2021, at 10:05 am, and defines the steps required to complete the annexation. (Reference attached Location Map.) BACKGROUND New commercial, industrial, and multi-family subdivisions and parcel maps have different needs and standards than those of a standard single-family residential subdivision. Commercial, industrial and multi-family subdivisions are traditionally self-maintained with different proprietary requirements for landscaping, signage, and general designs. CFD No. 9 is designed to accommodate these requirements by providing funding for services for certain required public improvements along the perimeters of these developments. On December 16, 2008, the Council of the City of Fresno City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-447,Version:1 perimeters of these developments. On December 16, 2008, the Council of the City of Fresno adopted Council Resolution No. 2008-351, forming CFD No. 9 to provide funding for the Services for certain public improvements located within and adjacent to public streets on the perimeter of commercial, industrial, and multi-family subdivisions as described and permitted pursuant the Goals and Policies for CFD No. 9 and the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code). The landowner has petitioned the City to have Final Parcel Map No. 2020-09 annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (Services) pertaining to certain above ground public improvements located within public street and trail easements. These improvements may include landscaping, trees, and irrigation systems; concrete curbs, gutters, sidewalks and trail, expressway barrier fence, street lighting, and local street paving as associated with this subdivision. (Reference attached Location Map.) Final Parcel Map No. 2020-09 is located entirely within City limits. The attached Resolution of Intention initiates the annexation process, sets the public hearing for Thursday, May 13, 2021, at 10:05 am, sets the Maximum Special Tax at a total of $6,7636 to be apportioned proportionately for each assessor’s parcel within Annexation No. 51 annually for fiscal year 2020-2021, and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 9 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. LOCAL PREFERENCE Local preference was not implemented, as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-447,Version:1 No City funds will be involved. All costs will be borne by the landowner as set forth in Exhibit D of the Resolution of Intention attached herein. Attachments: Location Map Resolution of Intention City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ 2 of 6 petitioned the City to annex Final Parcel Map No. 2020-09 to CFD No. 9, and the area proposed for annexation to CFD No. 9 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the types of Services provided in the existing CFD No. 9 (Services) are specified in the document attached hereto as Exhibit C, Page C-1 and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 51 are specified in the document attached hereto as Exhibit C, Pages C-2 and C-3 and incorporated herein by this reference; and WHEREAS, CFD No. 9 and Annexation No. 51 will share costs proportionately for Services provided by the City; and WHEREAS, Final Parcel Map No. 2020-09, Annexation No. 51 is located entirely within City limits. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The forgoing recitals are true and correct. 2. Proposed Annexation No. 51 Boundaries. The proposed boundaries of Annexation No. 51 are as shown on the map (attached as Exhibit B) on file in the Office of the City Clerk of the City of Fresno (City Clerk). The boundaries, shown in Annexation Map No. 51, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 51, or cause it to be recorded, in the Office of the Recorder, Fresno County, California within ten days after the adoption date of this resolution. 3 of 6 3. Services. The Services proposed to be financed in Annexation No. 51 are listed on Pages C-2 and C-3 of Exhibit C, which is attached to and made part of this resolution. 4. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 9 to pay for the Services in Annexation No. 51, a special tax sufficient to pay the costs (Special Tax) thereof, secured by recording a continuing lien against all nonexempt real property in Annexation No. 51, will be levied annually within Annexation No. 51, and collected in the same manner as ordinary ad valorem property taxes, or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed Rate and Method of Apportionment of the Special Tax among the real property parcels within Annexation No. 51, in sufficient detail for each landowner within Annexation No. 51 to estimate the maximum amount each owner will have to pay, are described in Exhibit D, attached and incorporated herein by reference. 5. District Annexation Report. The Director of Public Works Department, as the officer having charge and control of the services in and for CFD No. 9, or his designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the City Clerk a report of the study for Annexation No. 51 in writing (District Report) presenting the following: a. A description of the Services required to adequately meet the needs of CFD No. 9, Annexation No. 51. b. An estimate of the fair and reasonable cost of the Services including the cost of acquiring land, rights-of-way and easements, costs of any physical 4 of 6 services required in conjunction therewith, and incidental expenses in connection therewith. c. Describe any plan for Services that will be provided in common with the existing district and/or any territory that may be annexed. d. If the Special Tax levied within the territory proposed to be annexed is higher or lower than the existing CFD No. 9, identify the extent and reasons why the costs to provide Services in that territory are higher or lower than those provided in the existing CFD No. 9. Specify any alteration in the Special Tax rate levied within the existing community facilities district because of the proposed annexation. e. The District Report shall be made a part of the record of the public hearing specified below. 6. Single Ballot. The propositions to set the appropriations limit and to approve the levy of the Special Tax shall be combined into a single ballot and submitted to the voters pursuant to City Law. 7. Annexation Hearing. Thursday, May 13, 2021, at 10:05 a.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that this Council, the legislative body for CFD No. 9, will conduct a public hearing on the annexation of Final Parcel Map No. 2020-09 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 8. Public Notice. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation published 5 of 6 in the area of CFD No. 9. The publication shall be complete at least seven days before the hearing date set herein. The notice shall be in the form specified by Sections 53339.4 and 53322 of Chapter 2.5 of the California Government Code. Attachments: Exhibit A: Original Boundaries of CFD No. 9 Exhibit B: Annexation Map No. 51 Exhibit C: Description of Services Exhibit D: Rate and Method of Apportionment of Special Tax * * * * * * * * * * * * * * 6 of 6 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Senior Deputy City Attorney BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen ·|}þ41 CITY OF FRESNOMAINTENANCECFD9 ANNEXATION ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ99 ·|}þ99 ·|}þ180 Legend State Routes Rail Road Street Centerline CFD9 City Boundary Limits µ Exhibit A Date: 3/13/2015 EXHIBIT C C-1 CITY OF FRESNO Community Facilities District No. 9 Formation Description of Services currently financed by Community Facilities District No. 9 The services and operations (Services) that are to be financed by Community Facilities District No. 9 (CFD No. 9) are described below and are permitted by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all landscaping facilities (including reserves), including stamped concrete paving in medians and landscaped areas in public street rights- of-way, public trails, and, in instances where a required sound wall abuts a local City street and public landscape easements are officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; repairing and replacing stamped concrete paving and removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructures (including reserves) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees, street signage and street furniture. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. All Services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 9 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 9 and the availability of sufficient proceeds of special taxes within the District. EXHIBIT C C-2 CITY OF FRESNO Community Facilities District No. 9 Annexation No.51 Description of Services to be Financed by Community Facilities District No. 9 For (Final Parcel Map No. 2020-09) The services and operations described below (Services) to be financed by Community Facilities District No. 9 (CFD No. 9) for Final Parcel Map No. 2020-09, Annexation No. 51 are generally as described below and herewith Exhibit C, page C-3. The Services that are to be financed will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all landscaping facilities (including reserves), including landscaped areas in public street rights-of-way, public trails, and public landscape easements officially dedicated for public use and street trees. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; and removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within the public street rights-of-way associated with Final Parcel Map No. 2020-09. Such facilities include, without limitation, concrete curbs, gutters, and sidewalks, street lighting, trail pathway and amenities, and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. All Services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 9 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation 51 to CFD No. 9 and the availability of sufficient proceeds of Special Taxes within CFD No. 9. EXHIBIT D D-1 CITY OF FRESNO Community Facilities District No. 9 Annexation No. 51 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s Service for FY 2020-2021 for Final Parcel Map No. 2020-09. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $4,475.00 2 Other Operational Costs $40.00 3 Reserve for Replacement $2,188.00 4 Incidental Expenses $60.00 Total $6,763.00 Subdivision or Development Appropriation Limit Final Parcel Map No. Total Maximum Special Tax for Services Appropriation Limit Landowner 2020-09 $6,763.00 $500,000.00 Herndon Fir Properties, LLC EXHIBIT D D-2 City of Fresno Community Facilities District No. 9 Annexation No. 51 Rate and Method of Apportionment of Special Tax A special tax applicable to each assessor’s parcel in Community Facilities District No. 9 (CFD No. 9) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 9, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 9 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Commercial or Industrial Developments or Subdivisions” means developments or subdivisions zoned for commercial or industrial uses. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 9. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Development” means any assessor’s parcel within the City of Fresno which is being developed for Industrial, Commercial, or Multi-Family purposes and requires a Building Permit. EXHIBIT D D-3 “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 9 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or portion thereof, that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Public Property” means any property within the boundaries of CFD No. 9 that is owned by the federal government, State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a Service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Development or Subdivision” means developments or subdivisions zoned for residential multi-family uses. “Residential Unit” means a multi-family residential dwelling unit and shall include condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to Section B below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 9, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 9, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. EXHIBIT D D-4 “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 9 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS On or about April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many square feet of taxable area are in each assessor’s parcels within each commercial or industrial development or subdivision of CFD No. 9. For commercial or industrial developments or subdivisions, the area to be taxed is the total area within each assessor’s parcels of the subdivision or development not designated as public right-of-way and is not to exceed the Maximum Special Tax identified for the development or subdivision in Section C, Table 1 below. RESIDENTIAL SUBDIVISIONS On or about April 1 of each fiscal year, the City or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 9. For parcels of undeveloped property zoned for development of multi-family units, the number of residential units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a multi- family building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the subdivision in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 9 shall be specific to each development, subdivision, subdivisions, or portion thereof within CFD No. 9. When additional property is annexed to CFD No. 9, the rate and method adopted for the annexed property shall reflect the MST for the development, subdivision, subdivisions, or respective portion thereof then annexed. EXHIBIT D D-5 The MST applicable to each development, subdivision, subdivisions, or portion thereof in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation expressly for the individual development, subdivision, subdivisions, or portion thereof being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. Subject to the maximum limit set by the MST, the Special Tax for the commercial, industrial or multi-family development or subdivision assessor’s parcels is calculated by spreading the Special Tax Requirement to the total taxable square footage of the development or subdivision and then apportioned proportionately by area to the individual assessor’s parcels within the development or subdivision or by the number of residential units as applicable. The Maximum Special Tax for Fiscal Year 2020-2021 for a Residential Unit within Final Parcel Map No. 2020-09 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Commercial/Industrial/Multi-Family Final Parcel Map No.** Total Maximum Special Tax 2020-09 $6,763.00 **A Special Tax shall be levied on all assessor’s parcels within an identified development or subdivision except excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all parcels of taxable property as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the special tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 9 based on applying the Maximum Special Tax rates determined pursuant to Section C above to each parcel of taxable property in CFD No. 9; EXHIBIT D D-6 If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 9; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 9 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-7 ATTACHMENT 1 City of Fresno Community Facilities District No. 9 Annexation No. 51 Excluded Parcels THERE ARE NO EXCLUDED PARCELS WITHIN THE BOUNDARIES OF FINAL PARCEL MAP NO. 2020-09, ANNEXATION NO. 51 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-475,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:AUSTIN M. BAIN, EIT, Engineer II Public Works Department, Special Projects Section SUBJECT Approve a professional services agreement in substantially the form attached with NV5, Inc. in the amount of $6,345,949.36, with a contingency amount of $310,000.00, for construction management services for the Veterans Boulevard and State Route 99 Interchange Project (Council District 2) RECOMMENDATION Staff recommends that the City Council approve a professional services agreement in substantially the form attached with NV5, Inc., for construction management services for the Veterans Boulevard and State Route 99 Interchange Project in the amount of $6,345,949.36, with a contingency amount of $310,000.00, and authorize the Public Works Director or designee to execute the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno continues to progress the delivery of various phases of the Veterans Boulevard Project from Shaw Avenue to Herndon Avenue. Phase 1, the Bullard Avenue Extension from Carnegie to Veterans, was recently completed. Phase 2, the Veterans Boulevard Grade Separation over Union Pacific and High-Speed Rail; and Phase 4a, the Veterans Boulevard South Extension, are both under construction. The proposed professional services agreement with NV5, Inc., in the amount of $6,345,949.36, with a contingency amount of $310,000.00, will provide the construction management services needed to administer the construction contract for Phase 3, the Veterans Boulevard / State Route 99 Interchange Project (Project). The professional services agreement with NV5, Inc. is a necessary step to enter into construction of the Project, which is currently targeting a construction contract award in mid-2021. The construction phase of the Project, including this contract, is funded by a combination of Measure “C” Regional Tier 1 funds, Regional Transportation Mitigation Fee (RTMF), State Transportation Improvement Program (STIP), Federal BUILD Grant, City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-475,Version:1 Mitigation Fee (RTMF), State Transportation Improvement Program (STIP), Federal BUILD Grant, and local Development Impact Fee funding. BACKGROUND Veterans Boulevard, originally referred to as the Herndon-Grantland Diagonal, was part of the 1984 General Plan and is now a planned six-lane super arterial in the 2035 General Plan. In recent years, staff has completed the Project Study Report (PSR), Project Report and Environmental Impact Report (EIR) and progressed through the design of the various phases of Veterans Boulevard from Shaw Avenue to Herndon Avenue. Partnerships with the Fresno County Transportation Authority (FCTA) and Fresno Council of Governments (FCOG) provided funding for completing the final design and right-of-way acquisition. The Project proposes a new partial cloverleaf interchange connecting State Route 99 and Veterans Boulevard. The new roadway will have six travel lanes, a Class I bicycle lane/pedestrian trail on one side and Class II bicycle lanes on both sides. The Project will include bridge structures for the overcrossing of State Route 99 and future Golden State Boulevard. The interchange project is scheduled to advertise for construction in the coming months and this contract is critical to support the Project. In accordance with Administrative Order (A.O.) 6-19, staff sent out Request for Qualifications (RFQ) for construction management services in September 2020 via Planet Bids, email and published in the Business Journal. At the closing of the advertisement period the RFQ received two responses. City staff, in conjunction with Caltrans, evaluated each Statement of Qualifications (SOQ) and interviewed each of the consultants. At the conclusion of the evaluation period NV5, Inc. was selected as the most qualified consultant for this contract. Staff negotiated a fee of $6,345,949.36 for professional services to perform construction management services for the Project. The agreement also includes an additional $310,000.00 contingency to be used for any additional work outside of the existing scope of services, and contingent on the director’s approval as set forth in the executed agreement. As a Federal funding requirement, this consultant agreement is currently going through a pre-award audit by the Audits and Investigations Division of Caltrans. The attached consultant agreement is substantially complete, pending potential modifications directed by the audit determination. Due to the critical timeline of the Project to start advertising for construction, staff recommends Council approve this agreement in substantially the form, pending pre-award audit comments from the State. This agreement will be approved as to form by the City Attorney’s Office prior to execution. Staff is recommending Council approval of this professional services agreement and to authorize the Public Works Director or designee to sign and execute the agreement on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS The California Department of Transportation, as Lead Agency, prepared an EIR for the Veterans Boulevard/State Route 99 Interchange Project/Veterans Boulevard Grade Separation Project, identified by SCH No. 2010021054 (the “Veterans Boulevard EIR”). The Veterans Boulevard EIR was certified on June 16, 2013, and analyzed several components of the Veterans Boulevard Project, including but not limited to a new interchange at State Route 99 and Veterans Boulevard, grade separated crossings to connect Veterans Boulevard and Golden State Boulevard, the construction of Veterans Boulevard as a six-lane super arterial from West Shaw to Herndon Avenues, drainageCity of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-475,Version:1 Veterans Boulevard as a six-lane super arterial from West Shaw to Herndon Avenues, drainage basins, and landscaping. A resolution will be brought forward for each phase of the Project at the time of the award of a construction contract for the City Council to adopt the findings related to the specific phase. LOCAL PREFERENCE Local preference is not applicable due to federal funding. FISCAL IMPACT The Veterans Boulevard Project is located in Council District 2 and will have no impact to the General Fund. The construction phase of the Project, including this contract, is funded by a combination of Measure “C” Regional Tier 1 funds, RTMF, STIP, Federal BUILD Grant, and local Development Impact Fee funding. All funds necessary for this consultant contract are included in the current fiscal year budget as previously adopted by the Council. Attachments: Vicinity Map Location Map Consultant Agreement City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Veterans Boulevard State Route 99 Interchange and Extension Project N 0 1.5 30.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00927 Council District: 2 Veterans Boulevard State Route 99 Interchange and Extension Project DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective on _________________, 2021, by and between the CITY OF FRESNO, a California municipal corporation (City), and NV5, Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional Construction Management and Engineering Inspection services for Veterans Boulevard Interchange Project (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Construction Management and Engineering Inspection Firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6- 19; and WHEREAS, this Agreement will be administered for the City by its Public Works Director (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within One Thousand Two Hundred (1200) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) The Consultant will be reimbursed for hours worked at the hourly rates specified in the Consultant’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -2- adjustable for the performance period set forth in this Agreement. The Consultant will be reimbursed within thirty days upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. (b) In addition, the Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal. (c) The Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. (d) Reimbursement for transportation and subsistence costs shall not exceed State rates. (e) When milestone cost estimates are included in the approved Cost Proposal, the Consultant shall obtain prior written approval in the form of an Agreement amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. (f) Progress payments will be made monthly in arrears based on services provided and actual costs incurred. (g) The Consultant shall not commence performance of work or services until this Agreement has been approved by the City and notification to proceed has been issued by the City’s Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. (h) The Consultant will be reimbursed within thirty days upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each milestone, as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title and Purchase Order number. Credits due the City that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by the Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to the City’s Contract Administrator at the following address: RANDALL MORRISON 2600 FRESNO STREET, RM 4016 FRESNO, CA (i) The total amount payable by the City for all Services under this Agreement shall not exceed Six Million Three Hundred Forty Five Thousand Nine Hundred Forty Nine Dollars and Thirty Six Cents ($6,345,949.36), and a contingency amount not to exceed Three Hundred Ten Thousand Dollars DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -3- ($310,000.00) for any additional work rendered pursuant to Subsection (j) below and authorized in writing by the Director. (j) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultants filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -4- Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. (g) Any notice of termination sent to Consultant shall include the reason(s) for such termination or state that it is without cause. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. i. Permission granted to the Consultant to disclose information on one occasion shall not authorize the Consultant to further disclose such information or any other information or disseminate the same on any other occasion. ii. The Consultant shall not comment publicly to the press or any other media regarding the Agreement or the City’s actions on the same, except to the City’s personnel or the Consultant’s personnel involved in the performance of this Agreement at public hearings or in response to questions from a Legislative committee. iii. The Consultant shall not issue any news releases or any public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -5- contents thereof by the City and receipt of the City’s written permission. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement, in any form whatsoever, are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. i. In the event of the copyright of any reports or other products prepared under this Agreement by the Consultant or any subcontractor, the Federal Highway Administration (FHWA) shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law including California Civil Code section 2782.8 Consultant shall indemnify, hold harmless and defend City, Caltrans and each of their officers, officials, employees, agents and volunteers from any and DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -6- all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City, Caltrans and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -7- limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, 23 U.S.C. § 112, FHWA regulations applicable to design and engineering consulting contracts found at 23 C.F.R. 172.1 et seq., California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -8- subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, lawful or unlawful, contingent or otherwise, direct or indirect, to any party to solicit or procure this Agreement or any rights/benefits hereunder. The City shall have the right, in its discretion, to deduct from any payment to the Consultant under this Agreement, or otherwise recover the full amount of, any rebate, kickback or other consideration paid by the Consultant in violation of any representation or warranty under this section. (e) Neither the Consultant, nor any firm affiliated with the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project with the exception of any subcontractor whose services are limited to providing surveying or materials testing information. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. An affiliated firm is one which is subject to the control of the same person(s) through joint- ownership or otherwise. (f) The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement or any ensuing the City construction project. The Consultant shall also disclose any current clients who may have a financial interest in the outcome of this Agreement or any ensuing the City construction project, which will follow. (g) The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. (h) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -9- (i) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms, Federal and State Assurances and Requirements. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis. The Consultant and its subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. The Consultant and its subcontractors shall make such materials available at their respective offices at all reasonable times during the period of this Agreement and for three years, or longer if required by law, from the date of final payment under the Agreement. City, the State, the State Auditor, FHWA or any duly authorized representative of the federal government shall have access to any books, records, papers, accounting records and other documents of the Consultant and its subcontractors that are pertinent to the Agreement for audit, examinations, excerpts, and transcriptions. Copies thereof shall be furnished by the Consultant, if requested. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of the three-year time period, all records shall be retained and made available until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this section and in the event a subcontract is entered into for an amount in excess of DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -10- $25,000, the subcontract shall include this paragraph in its entirety. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Kevin Reisz, PE, and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. (e) The City will carry out applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, the Consultant agrees to comply with all applicable federal and state assurances and requirements identified in Exhibit D along with its Appendix A and require that each subcontract include the same assurances by each of its subcontractors. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -11- age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -12- Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -13- promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -14- 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 29. RFQ Document. Any Request for Qualifications and documents issued therewith (collectively RFQ) by the City that resulted in selection of the Consultant for entry into this Agreement are hereby incorporated into and made a part of this Agreement. In the event of a conflict between the RFQ and this Agreement (including any Exhibit hereto), this Agreement (including any exhibit hereto) shall take precedence. 30. Disadvantaged Business Enterprise (DBE) Participation. This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal. The goal for DBE participation for this Agreement is three (3) %. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. It is the responsibility of the Consultant to be familiar with the DBE Compliance Documents. Reference Section IX. FHWA Requirements herein for more information. 31. FHWA Requirements. BUILD Grant Provisions DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -15- The City is a sub-recipient of a BUILD Transportation Grant from the United Stated Department of Transportation (DOT). City, Caltrans and DOT have entered into a Grant Agreement and Project Oversight Agreement for the Veterans Boulevard Project, which are incorporated herein. City shall impose additional requirements on Contractor as set forth in the Grant Agreement, Project Oversight Agreement or as required by the DOT. This agreement shall also include the requirements set forth in the General Terms and Conditions located at: http://go.usa.gov/xpuYy and the Exhibits to FHWA Grant Agreements under the FY 2019 BUILD Transportation Grants Program located at: http://go.usa.gov/xpMkF SPECIFIC ASSURANCES 1. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FY 2019 BUILD Transportation Discretionary Grant and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 2. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. Federal-Aid Provisions The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Local Assistance Procedures Manual Chapter 10 and Exhibit 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are attached to the RFQ for the proposer.  Exhibit 10-O1  Exhibit 15-H, if applicable  Exhibit 10-Q This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -16- the California Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to http://www.dot.ca.gov/hq/bep/find_certified.htm. It is the proposer’s responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP, go to: http://www.dot.ca.gov/hq/bep/find_certified.htm. Reference Section IV. SOQ Requirements for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive. Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. All contractors and subcontractors who bid or work on public works projects must register with the Department of Industrial Relations (DIR). Prior to award of the contract Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the Statement of Qualifications or Cost Proposal, if requested, the following forms:  Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-O1). The local agency’s current contract DBE Goal is [3%].  DBE Information -Good Faith Effort (LAPM 15-H) – Required only if DBE goal is not achieved. It is recommended that proposer prepare and submit a FFE irrespective of meeting the DBE goal.  Disclosure of Lobbying Activities (LAPM 10-Q)  Cost Proposal (LAPM 10-H2)  Consultant Annual Certification of Indirect Costs and Financial Management System (LAPM 10-K) Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award:  Local Agency Proposer DBE Information (Consultant Contracts) (LAPM 10-02)  Consultant Annual Certification of Indirect Costs and Financial Management System (LAPM 10-K)  Exhibit 9-F: Disadvantaged Business Enterprise (DBE) Running Tally of Payments  Any other relevant forms required during the project. Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Local Assistance and Local Assistance Procedures Manual. The Consultant shall comply with Title 49 of the Code of Federal Regulations (CFR), Part 26.37(c). To comply with 49 CFR 26.37(c), the Consultant must complete the Exhibit 9-F: Disadvantaged Business Enterprise (DBE) Running Tally of Payments from the execution of the contract until all DBE sub consulting activity on the entire project is completed. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-B FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) (BUILD) -17- the following month, the Consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy also sent to the City of Fresno at PublicWorksCIP@fresno.gov. [Signatures follow on the next page.] DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF84/1/2021 Exhibit A Page 1 of 31 EXHIBIT A SCOPE OF SERVICE Consultant Service Agreement between City of Fresno (“City”) And NV5 Inc. (“Consultant”) Veterans Boulevard Interchange Project DESCRIPTION OF PROJECT: The Veterans Boulevard project includes: a six-lane arterial roadway in northwest Fresno, a freeway interchange at SR-99; grade separations over the Union Pacific Railroad, High- Speed Rail line and Golden State Boulevard and; a multi-purpose trail and adaptive intelligent transportation system technology to synchronize traffic operations in real-time. This Interchange phase includes: the Veterans Boulevard/State Route 99 interchange; the northerly jug handle (“J2” as identified subsequently); Veterans Boulevard overcrossing of Golden State Boulevard, and; completing Veterans Boulevard between Wathen Avenue and Riverside/Bullard Avenue, and the Veterans Boulevard/Bryan Avenue/Barstow Avenue intersection; and the extension of Sierra Avenue to Bullard Avenue. The Project footprint is depicted in Vicinity Map attached hereto. The anticipated construction duration for this project is July 2021 through July 2023. The project design includes: a type L-9 interchange connecting Veterans Boulevard to State Route 99 and a Veterans Boulevard overcrossing of Golden State Boulevard (with connecting “jug handle ramps”). The interchange is designed with four structural footprints: the Golden State Boulevard Undercrossing, the Veterans Boulevard Overcrossing at State Route 99, the State Route 99 Southbound On-Ramp Pedestrian Undercrossing at Veterans Boulevard, and the State Route 99 Southbound Off-Ramp Pedestrian Undercrossing at Veterans Boulevard. The Golden State Boulevard Undercrossing a one span concrete cast-in-place box girder structure with a total length of 155 feet and total width of 137.25 feet that will utilize shallow footings. The Veterans Boulevard Overcrossing at State Route 99 is a two span concrete cast-in-place box girder structure with a total length of 295 feet and total width of about 137.25 feet that will utilize shallow footings. The State Route 99 Southbound On-Ramp Pedestrian Undercrossing at Veterans Boulevard is a one span concrete cast-in-place reinforced concrete slab structure with a total length of about 43 feet and total width of 56.25 feet, minimum and varies that will utilize shallow footings for the abutments. The State Route 99 Southbound Off-Ramp Pedestrian Undercrossing at Veterans Boulevard is a one span concrete cast- in-place reinforced concrete slab structure with a total length of 35.5 feet and total width of 63.5 feet that will utilize shallow footings for the abutments. SCOPE OF WORK: The major activities for this contract will be as follows: PART ONE- PRE-CONSTRUCTION PHASE 1.1 Review Project Documents and Provide Bid Support Services 1.2 Establish Project Procedures 1.3 Review and Investigate Utility Locations DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 2 of 31 1.4 Review Regulatory Permits 1.5 Review Initial Project Construction Schedule 1.6 Review Stormwater Pollution Prevention Plan (SWPPP) 1.7 Review Traffic Control and Construction Staging Plans 1.8 Inspect Project Site and Obtain Pre-Construction Photos/Videos 1.9 Hold Pre-Construction Meeting 1.10 Preconstruction Biological Surveys and Reporting 1.11 Preconstruction Paleontological Surveys and Reporting 1.12 Develop a Quality Management Plan PART TWO- CONSTRUCTION PHASE 2.1 Interaction with City Staff, Designer and Third Parties 2.2 Public Outreach 2.3 Hold Weekly Progress Meetings 2.4 Correspondence Management and Document Control 2.5 Submittal Management 2.6 Request for Information (RFI) Management 2.7 Change Order Management and Cost Control 2.8 Monthly Payment Review and Cost Control 2.9 Labor Compliance Monitoring 2.10 Contract Dispute Management 2.11 Schedule Update Review 2.12 Pre-Paving Meeting and QC Plan Review 2.13 General Field Inspection and Daily Reporting 2.14 Electrical and Landscaping Specialty Inspections 2.15 Environmental Compliance Monitoring and Reporting per the ECR 2.16 Stormwater Pollution Prevention Plan Monitoring 2.17 Materials Testing 2.18 Source Inspection 2.19 Surveying and Construction Staking 2.20 Structure Inspection 2.21 Participate in a Formal Partnering Program PART THREE- POST-CONSTRUCTION PHASE 3.1 Final Inspection & Punch-List Inspections 3.2 Prepare and Recommend Final Payment Request 3.3 Review and Submit As-Builts 3.4 Prepare Final Reports 3.5 Deliver Project Files 3.6 Plant Establishment Inspections Task Descriptions Consultant shall conduct the following tasks to deliver the Veterans Boulevard Project safely, conveniently, on schedule, within budget and in compliance with all funding requirements. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 3 of 31 PRE-CONSTRUCTION PHASE Review Project Documents and Provide Bid Support Services (Task 1.1) Objectives 1. Achieve a full understanding of the project plans and specifications 2. Identify potential discrepancies in the contract documents and recommend solutions to the City 3. Review Cooperative Agreement with Caltrans to confirm that all state testing services are identified 4. Identify sources of lacking information and request additional information from the designer/City 5. Identify project risks and recommend risk avoidance strategies to the City 6. Identify value engineering opportunities, if any, and propose concepts to the City that save money and time or enhance safety or public convenience 7. Support the City and Design Consultant during the bidding phase Task Description All contract documents and cooperative agreements will be reviewed and vetted. The findings of this review will be compiled in a review log and shared with the City and the project designer. These comments will be tracked until they are resolved. Once the review comments have been addressed, several potential activities may be conducted to minimize risk or save money, time or enhance safety or public convenience. These activities may include the following: - Hold smaller internal meetings prior to the pre-construction meeting to gain a deeper understanding of the City’s needs and discuss the findings of the project document review - Early coordination with stakeholders/utility owners - Suggest cooperative agreement language to clarify roles and responsibilities between the City and Caltrans - Preparation of a Value Engineering Change Proposal This activity will be undertaken by the Resident Engineer. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction. Prior to bidding, Consultant shall attend the pre-bid meeting. During the bidding phase, the Consultant shall review all bidder’s inquiries and provide input to respond to these questions in a manner that reduces project risk. If bidder’s inquiries require input from a third-party stakeholder, Consultant shall coordinate with these external stakeholders as needed to provide ample clarification. Work Products 1. Project document review log with review comments and responses 2. Meeting agenda and meeting minutes from any internal coordination meetings 3. Correspondence records with any stakeholders/utility owners 4. May result in a Value Engineering Change Proposal(s) which includes a narrative description of the change and an independent analysis of cost-savings or time reduction 5. Draft responses to Bidder’s Inquiries DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 4 of 31 Establish Project Procedures (Task 1.2) Objectives 1. Gain concurrence from the City regarding planned project procedures, tracking tools, construction forms and templates 2. Provide a concise outline of regular tracking, correspondence and reporting activities with planned frequencies 3. Establish public outreach roles and responsibilities between the City and the Consultant team Task Description Meet with the City to provide all proposed tracking log templates, correspondence templates and construction forms to be used during administration of the project for review and input. The frequency of regular meetings and reporting needs will be understood based on the Client’s needs. Consultant will also discuss correspondence procedures with the project designer, stakeholders, the public and other City staff. Once established, these project procedures will be summarized through Project Procedures Outline and will be maintained on file and updated as necessary during the project. Consultant will also meet with the Public Information Officer to establish roles and responsibilities for public interaction and information dissemination internally and externally. This activity will be undertaken by the Resident Engineer. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction. Work Products 1. Proposed tracking log templates, correspondence templates and construction forms 2. Project Procedures Outline 3. Public Outreach Kick-off Meeting Minutes Review and Investigate Utility Locations (Task 1.3) Objectives 1. Identify potential utility conflicts prior to construction 2. Communicate risk mitigation strategies with the project delivery team Task Description Obtain and review all utility information within the project limits. This will include all pothole data and as-built records of older and newly relocated utilities. Consultant will review this information thoroughly and identify areas of concern. The utility plans will be marked up to show all potential conflicts that should be investigated further as early as possible. Consultant shall share findings with the designer and City Staff during the pre- construction phase. If possible, Consultant may pothole prior to the construction phase to confirm or deny that these conflicts exist. If changes are needed, Consultant will work with the design team to propose and understand any available solutions. The Consultant’s goal is to make any necessary changes before the first working day. Work Products 1. Marked-up utility plans with areas of concern DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 5 of 31 Review Regulatory Permits (Task 1.4) Objectives 1. Understand all permit requirements prior to construction 2. Gain a full understanding of all activities and documentation requirements set forth in the permits Task Description Obtain and review all regulatory permits, encroachment permits and environmental documents. Develop an action item list, by agency, to identify permit-required activities. The action item list will include deadlines and frequencies for each activity and reporting requirement. This action item list will be used to track completion of permit requirements and reporting. This activity will be undertaken by the Resident Engineer. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction. Work Products 1. Permit activity and reporting action item log with frequency, deadline and status. Review Initial Project Construction Schedule (Task 1.5) Objectives 1. Review the Contractor’s proposed schedule for reasonableness and completeness 2. Ensure that the proposed plans meets the timing requirements set forth in the contract 3. Obtain an approved Initial Project Construction Schedule Task Description The Contractor must submit the proposed construction schedule before construction activities begin. The Resident Engineer will quickly review this schedule to ascertain the following: - Ensure that the schedule logic is sound - Verify that all project requirements pertaining to traffic handling and pedestrian access are met - Review the durations of the construction activities to ascertain the reasonableness of the Contractor’s approach - Ensure that any permit requirements are properly scheduled - Ensure that all long lead procurement or third party activities are properly scheduled Once the initial review is complete, the review comments will be transmitted to the Contractor in a comment/response log to track resolution of any review comments. Consultant will meet with the Contractor to proactively discuss these review comments prior to formal transmittal. If resubmittal is required, the process above will be repeated until all comments are resolved. If requested, Consultant will share the anticipated initial Project Schedule with the City for any input prior to accepting the schedule. This activity will be undertaken by the Resident Engineer. All findings and conclusions resulting from this task will be conveyed to the project team prior to construction. Work Products 1. Schedule Review Comments/Response Log 2. Approved Initial Project Construction Schedule DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 6 of 31 Review Stormwater Pollution Prevention Plan (SWPPP) (Task 1.6) Objectives 1. Obtain a full understanding of the project-specific SWPPP requirements 2. Ensure that the SWPPP complies with the Caltrans MS4 Permit 3. Obtain approval of the SWPPP from the City and Caltrans 4. Obtain Wastewater Discharger Identification Number prior to ground-disturbing activities Task Description To obtain coverage under the General Permit, the City must electronically file the Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and the appropriate permit fee to the State Water Board. The Board then has ten days to provide a Waste Discharger Identification number (WDID). This must occur prior to any ground-disturbing activities so it is critical to expedite the review and approval of the SWPPP in order to start the project on time. The Consultant team consists of Qualified SWPPP Developers with decades of experience reviewing and implementing SWPPP programs across the State. Prior to construction, Consultant shall review the approved SWPPP for this project and will be prepared to discuss the requirements for stormwater pollution control at the pre-construction meeting Work Products 1. SWPPP agenda item for discussion at the Pre-Construction Meeting 2. Meeting minutes to record SWPPP discussion at the Pre-Construction Meeting 3. Caltrans and City approved SWPPP Review Traffic Control and Construction Staging Plans (Task 1.7) Objectives 1. Obtain an approved Traffic Control Plan from the City and Caltrans 2. Review Construction Staging Plans for completeness and constructability Task Description The Consultant shall review all traffic control plans to ensure that they comply with the Manual on Uniform Traffic Control Devices and the City of Fresno and Caltrans requirements. The pedestrian routes through project will need to be reviewed to ensure that there is a safe, ADA-compliant route through the project at all times. Consultant will also coordinate closely with City Public Works, Fire, Police, Transit and Health Services as needed to ensure that the traffic handling plan does not conflict with essential City Operations. The Consultant shall also review the proposed construction staging plans to identify the following: - Potential constructability issues - Safety Enhancements - Areas of lacking information to enhance competitive pricing during bid time - Recommended changes to the staging plans to increase work zone space and enhance safety Consultant shall document the findings of the construction staging plan review in a comment/response log. Consultant will also meet with City Staff, Caltrans and the Designer of Record as needed to coordinate any construction staging changes. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 7 of 31 Work Products 1. Traffic Control Plan Review Comments/Response Log 2. Construction Staging Plan Review Comments/Response Log 3. Approved Traffic Control Plan Inspect Project Site and Obtain Pre-Construction Photos/Videos (Task 1.8) Objectives 1. Document existing site conditions prior to construction Task Description Before construction begins, the existing site conditions will be photographed and recorded. This record of existing conditions is essential to enforce the Contractor’s responsibility to protect private property, City facilities and third party property/utilities. Key items to document for this project include the following: - Private property landscaping and access points - Third party utilities including overhead and underground lines, vaults, boxes and valve covers - Existing pavement conditions within the project sire and adjacent to the project site - Pedestrian walkways and crossings within the project sire and adjacent to the project site This inspection is also a key to proactively identifying any discrepancies between the site conditions and the project plans. Work Products 1. Pre-Construction photos 2. Site inspection findings Hold Pre-Construction Meeting (Task 1.9) Objectives 1. Introduce the project team and key stakeholders 2. Establish project procedures and protocols 3. Discuss key project requirements and expectations for successful project delivery Task Description The CM/RE will prepare a pre-construction meeting agenda for the City’s review and concurrence. The CM/RE will coordinate with the City Representative to establish and invite the meeting attendees. The CM/RE will chair the meeting to review the following general project topics: - Work plans - Contingency plans - Material Availability - Equipment to be used - Progress schedule - Layout of job - Labor compliance - Equal employment opportunity - Safety requirements - Temporary pedestrian access routes DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 8 of 31 - Americans with Disabilities Act (ADA) requirements for permanent pedestrian facilities - Environmental commitments and permits - Water pollution control requirements - Job-produced materials quality control and acceptance testing - Buy America requirements Following the meeting, the minutes will be drafted and transmitted to the project team. An Action Item Log will be created to track any needed activities identified during the meeting. The Log will updated weekly until all required actions are resolved. Work Products 1. Pre-Construction Meeting Agenda and Minutes 2. Action Item Log Preconstruction Biological Surveys and Reporting (Task 1.10) Objectives 1. Assistance in conducting pre-construction surveys, 2. Conducting a Worker Environmental Awareness Program (WEAP) for construction personnel 3. Construction monitoring reporting to fully comply with and fulfill the project Environmental Compliance Reporting (ECR) requirements. Task Description Two (2) qualified biologists will conduct a one-day pre-construction survey of the project limits to establish the baseline presence or absence of the special status species with potential to occur, including presence/absence surveys for California linderiella fairy shrimp and vernal pool fairy shrimp habitat and locations of elderberry shrubs, bat habitat/roosting sites (focused day surveys), white-tailed kite, California horned lark, loggerhead shrike, Swainson’s hawk, and western burrowing owl, no more than 14 days prior to initiation of earthmoving activities during the nesting season (February 15 to September 1; burrowing owl up to 30 days prior PCS to CDFW). The biological survey area will include the project limits, plus the applicable species buffers. Consultant shall provide preconstruction survey (PCS) reports. California linderiella fairy shrimp and vernal pool fairy shrimp habitat; valley elderberry longhorn beetle habitat: If California linderiella fairy shrimp habitat, vernal pool fairy shrimp habitat, or elderberry trees are identified during preconstruction surveys in the immediate vicinity of the project site, a qualified biologist will monitor fence installation around the environmental sensitivity areas and will inspect environmental sensitivity area fencing once weekly to ensure compliance. Bats: The year prior to the start of construction, between April 1 and September 15, focused bat roosting day surveys will be conducted to identify potential roosting habitat, suitable entry points, roost cavities or crevices, and evidence of bat presence within the biological survey area. If bats are found to occupy the biological study area, a qualified bat biologist must conduct focused day and night emergence surveys and use the data to prepare a Bat Exclusion and Mitigation Plan to be approved by the City, CDFW, and Caltrans. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 9 of 31 Nesting birds: If trees are to be removed during the nesting season (February 15 to September 1), a qualified biologist will first survey the trees for nesting birds. White-tailed kite: A qualified biologist will evaluate the potential of the project to disturb nesting activities of any white-tailed kites observed within 0.5 mile of the biological study area and will provide CDFW with the evaluation for review and determination of requirement for a biological monitor and construction buffer. California horned lark: A qualified biologist will establish an appropriate setback of 150 feet from any nesting California horned larks to be maintained during the nesting season if ground disturbing activities must begin when nests are occupied. Loggerhead shrike: A qualified biologist will establish an appropriate setback of 150 feet from any nesting loggerhead shrikes to be maintained during the nesting season if ground disturbing activities must begin when nests are occupied. Swainson’s hawk: A qualified biologist will evaluate the potential of the project to disturb nesting activities of any Swainson’s hawk observed within 0.5 mile of the biological study area and will provide CDFW with the evaluation for review and determination of requirement for a biological monitor and construction buffer. Western burrowing owl: The year prior to the start of construction, a habitat assessment for burrowing owl will be conducted per the CDFW Burrowing Owl Survey Protocol, to assess the presence of burrowing owl habitat on the project site including a 150-meter (approx. 500 ft.) buffer zone around the project limits. After the habitat assessment is completed Consultant shall draft a Burrowing Owl Habitat Assessment Memorandum for the Record (MFR). The presence of burrowing owl habitat is unlikely; the following scope can be provided under separate contract. If burrowing owl habitat is present within the project vicinity, protocol level burrow surveys will be conducted by two or more qualified biologists (if the survey area is larger than 100 acres) on four (4) separate days, upon which time a qualified biologist will draft a Burrowing Owl Survey Results Memorandum for the Record (MFR) and develop a Burrowing Owl Mitigation Plan (BOMP) for consultation with CDFW. Measures to be carried out according to the BOMP, potentially including establishment of non-disturbance buffers and relocations, would be done by a qualified biologist in coordination with CDFW. Consultant shall conduct a WEAP training with maintenance personnel prior to the start of work. The biologist will provide on-site “tailgate” training for all individuals conducting ground disturbance or vegetation clearing to ensure protection of all areas. All field personnel will be briefed in their responsibility for timely reporting of wildlife sightings to the monitor on-site. An educational pamphlet complete with illustrations of the sensitive native species will be provided to all maintenance personnel. Upon completion of the education program, maintenance personnel will sign a form stating they attended the program and understand all protection measures. These forms will be filed at the worksite location and be available upon request. The biologist will also be present for initial ground disturbance. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 10 of 31 Consultant shall prepare annual Biological Monitoring Reports that describe the survey activities; outlines the training (WEAP), monitoring activities, and any field findings, as well as a post-activity walkthrough. Consultant shall submit two (2) electronic copies in Portable Document Format (PDF) of the Biological Monitoring Reports. The Worker Environmental Awareness Program (WEAP) / Cultural Resources Monitoring Plan (CRMP) training, if required, would be delivered by the on-site monitor as a tailgate training within the monitoring day. Work Products 1. A PCS report summarizing findings for all above mentioned special status species 2. Map of California linderiella fairy shrimp habitat, vernal pool fairy shrimp habitat, or elderberry trees 3. One (1) electronic copy in PDF of Bat Emergence survey report 4. One (1) draft electronic copy in PDF of Bat Exclusion and Mitigation Plan to be sent to the City and Caltrans 5. One (1) final electronic copy in PDF of Bat Exclusion and Mitigation Plan to be sent to CDFW for approval 6. Email findings of nesting bird survey 7. One (1) draft electronic copy in PDF of a Burrowing Owl Habitat Assessment MFR to be sent to the City and Caltrans 8. One (1) final electronic copy in PDF of a Burrowing Owl Habitat Assessment MFR to be sent to the City and Caltrans 9. One (1) pamphlet detailing the project’s avoidance and minimization measures, complete with illustrations 10. One (1) WEAP training 11. One (1) sign-in sheet 12. Two (2) Biological Monitoring reports in electronic copy in PDF format Paleontological Surveys and Reporting (Task 1.11) Objectives 1. Paleontological resource management services in accordance with the requirements outlined in Caltrans’ Standard Environmental Reference Task Description Consultant shall prepare a Paleontological Mitigation Plan (PMP) that will outline paleontological tasks to be completed such as worker’s training, construction monitoring, daily reporting, fossil and data collection, laboratory procedures, museum curation, and final reporting. It will also include a GIS map identifying the locations where monitoring is required. Prior to the start of construction, the Qualified Paleontologist shall present a training to all on-site personnel that will include a briefing regarding the types of fossils that could be found in the project area and the procedures to follow should paleontological resources be encountered. The training will also include a discussion of applicable laws and penalties for removal or disturbance of fossils materials found on site and provide procedures to follow in the event of a fossil discovery. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 11 of 31 At the conclusion of fieldwork, the Qualified Paleontologist shall prepare a Paleontological Mitigation Report (PMR) describing the results of the paleontological monitoring and mitigation efforts associated with the project. The PMR will include a summary of the field and laboratory methods, an overview of the project area geology and paleontology, a list of taxa recovered (if any), an analysis of fossils recovered and their scientific significance (as necessary), and recommendations. Work Products 1. One (1) Paleontological Mitigation Plan (PMP) electronic copy in PDF 2. One (1) pamphlet detailing the types of fossils that could be found in the project area and the procedures to follow should paleontological resources be encountered 3. One (1) WEAP training 4. One (1) sign-in sheet 5. One (1) Paleontological Mitigation Report (PMR) electronic copy in PDF Develop Quality Management Plan (Task 1.12) Objectives 1. Develop a Quality Management Plan (QMP) 2. Obtain approval of the QMP from Caltrans and the City 3. Receive a Request for Authorization for Construction from Caltrans to begin the project Task Description Consultant shall develop a Quality Management Plan for adoption by the City and approval by Caltrans. During review of the QMP, all City and Caltrans review comments will be transmitted and tracked in a Review Comment Response Log. The QMP will be drafted based on policies and guidance provided in the Caltrans Construction Manual, Local Assistance Procedures Manual, Construction Manual Supplement for Local Agency REs, Local Assistance Structure Representative Guidelines and Independent Assurance Manual. The test methods prescribed must be as specified in the current Caltrans Standard Specifications and Special Provisions. Once the QMP is approved, Consultant will coordinate with Caltrans as needed to obtain the Request for Authorization for Construction from Caltrans to begin the project. During construction, Consultant shall adhere to the QMP to administer Quality Assurance testing and inspection. Work Products 1. Quality Management Plan adopted by the City and approved by Caltrans 2. Review Comment Response Log CONSTRUCTION PHASE Interaction with City Staff, Designer and Third Parties (Task 2.1) Objectives 4. Obtain a full understanding of City needs, concerns and expectations during the project 5. Communicate and resolve design issues in a timely manner to minimize project risk 6. Understand Third Party coordination needs DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 12 of 31 7. Regularly report on the project progress to City Staff Task Description Regular communication and coordination with City Staff, the Designer of Record and affected Third Parties will occur from the pre-construction phase through project close out. Consultant shall establish communication protocols early in the pre-construction phase. Consultant shall also require that the Contractor includes the CM team on all communications with affected Third Parties. Key correspondence will be included in the project files. Work Products 3. List of Project Contacts 4. Key Correspondence files Public Outreach (Task 2.2) Objectives 1. To provide project information to affected property owners and the travelling public to promote convenience and safety 2. Communicate with the public during construction to understand concerns or provide updated information 3. Coordinate with the City and the Contractor to meet the City’s public outreach objectives Task Description Consultant shall review the Contractor’s traffic handling plan to ensure that advanced messaging is adequate and timely prior to changes in traffic handling. If requested, Consultant will assist with press releases to reach the community as a whole. Second, Consultant will interact with affected residences, businesses and schools during construction to understand their concerns and explain the timing and staging of the work. Consultant will work with City Staff to clearly define roles and responsibilities for these interactions. During construction, it is essential that the Consultant strive to meet commitments with the community regarding timing and access. If changes to these commitments are identified, Consultant will proactively inform City Staff. Work Products 1. Press Release write-ups, if requested 2. Project update write-ups and schedules 3. Emergency Contact List Hold Weekly Progress Meetings (Task 2.3) Objectives 1. Discuss project safety and traffic handling controls 2. Discuss public convenience and outreach efforts 3. Identify and discuss project issues to be resolved 4. Track regular contract administration tasks including submittal, RFI and change order management 5. Review the project schedule and discuss upcoming construction activities DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 13 of 31 Task Description Progress meetings will be held weekly throughout the construction phase. The RE will prepare a meeting packet which includes the meeting agenda, Submittal Log, RFI Log, Change Order/Dispute Log, Action Item Log and contractor provided look-ahead schedule. These documents will be reviewed to establish a common understanding of the status of the project with the City and Contractor. Key project issues and required actions will be reviewed and discussed. Minutes from these meetings will be transmitted to the project team within 24 hours. Work Products 1. Meeting agenda and meeting minutes 2. Submittal Log, RFI Log, Change Order/Dispute Log and Action Item Log updated weekly Correspondence Management and Document Control (Task 2.4) Objectives 1. Track and file all project correspondence and transmittals 2. Retain project files to document compliance with all funding requirements 3. Maintain quality, schedule, work plan and budget documentation 4. Implement the City file naming conventions and structures Task Description The project files shall be maintained in accordance with the California Department of Transportation Uniform Filing System. Consultant shall provide a dedicated Office Engineer to maintain the project files, track and time stamp submittals, RFI’s and project correspondence and maintain all material quality and testing records. These files will be maintained daily from the pre-construction phase through project close-out. These files will be retained in hard copy and digital format through a cloud based filing system. This system will be made accessible to City Staff. Consultant shall implement the City file naming conventions and structures for all digital records. Work Products 1. Project File Records (updated daily) 2. Tracking Logs for the following: - Formal correspondence - Requests for Information - Submittals - Change Orders - Notice of Potential Claims Submittal Management (Task 2.5) Objectives 1. Ensure materials incorporated into the work meet the City Standards and project specifications 2. Ensure materials incorporated into the work meet Buy America requirements 3. Review work plans for completeness and safety compliance Task Description Consultant shall review each submittal to ensure that all materials incorporated into the work comply with the City Standards, Caltrans Standards and project specifications and DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 14 of 31 to confirm that work plans are complete and meet industry standard safety requirements. All review comments will be transmitted and tracked in the Comment Response Log for each submittal. Upon delivery of materials in the field, certification of compliance documentation will be collected and maintained in the project files. Specific materials that must conform with Buy America requirements include reinforcing steel, wrought iron fencing, steel manholes covers, inlet grates and steel sign materials. These materials must arrive on site with Buy America documentation before they can be released on site for use. Work Products 1. Submittal Review Comment/Response Log 2. Formal correspondence to accept, accept with comments or reject submittals 3. Submittal Log updated weekly Request for Information (RFI) Management (Task 2.6) Objectives 1. Provide timely project information to the Contractor as needed 2. Formally identify and clarify contract ambiguities and potential contract disputes 3. Track all Requests for Information to document timeliness Task Description The Request for Information process initiates formal correspondence regarding contract and design clarifications during the project. The Consultant will receive all Requests for Information from the Contractor and whenever possible, will provide responses independently. In some cases, the RFI’s will require input from the City, Caltrans, Designer or affected Third Parties. Consultant shall coordinate all third party input into the RFI process. An RFI Tracking Log will be maintained and updated weekly to document the timing of RFI submittal and responses. Work Products 1. Formal responses to RFI’s 2. RFI Tracking Log updated weekly Change Order Management and Cost Control (Task 2.7) Objectives 1. Assess merit of all alleged changes to the contract that require an adjustment in the cost or time for performance of the work 2. Perform an independent estimate of cost or time impacts of all changes 3. Negotiate and draft the terms of all contract change orders prior to submittal to the City and Caltrans for approval 4. Seek alternative solutions to changes to avoid or minimize cost or time impacts 5. Track all potential and known contract change orders Task Description The Contractor must notify the Consultant Resident Engineer (RE) of any changes that they believe result in an adjustment to the cost or time for performance of the work. Once notified, the RE will assess the merit of the Contractor’s claim and will partner with the Contractor and the project team to identify alternative solutions to minimize cost or time impacts. If it is determined that a change request has merit, the RE will perform an independent estimate of the impacts and will negotiate with the Contractor to seek a DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 15 of 31 mutually agreeable lump sum change with and agreed time extension, if any. If no agreement can be reached, the RE will direct the Contractor to perform the work at Force Account and will record the material, labor and equipment needed to complete the work. The RE will draft the contract change order language based on the independent analysis of all impacts and submit the draft Change Order to the City and Caltrans for authorization. Once authorized, the RE will route the Change Order to all parties for signature. All known and potential change orders will be recorded in a tracking log to identify cost, time impacts and status (draft, executed, disputed). This log will be updated weekly and provided to the City. Work Products 1. Independent estimate of cost or time impacts for each contract change 2. Draft and final contract change orders 3. Contract Change Order Tracking Log Monthly Payment Review and Cost Control (Task 2.8) Objectives 1. Control and accurately measure quantities of materials used during construction 2. Summarize payment of completed work for each bid item each month 3. Provide a payment request to City each month with back-up documentation 4. Track the budget of each bid item following approval of the payment request 5. Provide monthly reporting on the project budget and the CM Consultant budget 6. Maintain, an internal financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred Project costs and billings Task Description Cost control requires advance planning before material is placed in the field. To control the cost of materials paid on a per-unit basis, Consultant shall independently survey and measure the quantities of these materials placed on a daily basis. Consultant shall also reach agreement with the Contractor on the quantities of completed work daily to streamline the monthly payment process. During construction, Consultant will receive and file material delivery documents to support work quantity calculations. This information will be documented daily in the field inspection reports. Each month, the quantities of completed work for each bid item will be summarized in a Contract Item Quantity Sheet with the location, quantity and date of acceptance. These Quantity Sheets will serve as backup for monthly payment requests. Consultant shall track the status of monthly pay requests and discuss this weekly at the coordination meeting. Consultant shall also maintain a summary of all payments to date by bid item in the project file. This document will be updated monthly. Consultant shall verify that as-builts updated and certified payroll reporting requirements are approved monthly prior to issuing payment. Finally, Consultant shall maintain a status of the CM consultant budget with forecasted cost through project completion and report this information to the City monthly. Work Products 1. Survey notes and field quantity measurements 2. Contract Item Quantity Sheets 3. Monthly Payment Requests 4. Project Budget Status by Bid Item DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 16 of 31 5. CM Consultant Budget Report Labor Compliance Monitoring (Task 2.9) Objectives 1. Ensure that the Contractor and Subcontractors comply with all labor compliance, equal employment opportunity (EEO), and Disadvantaged Business Enterprise (DBE) requirements Task Description Consultant’s Labor Compliance Officer, in coordination with the RE, shall ensure that all certified payrolls are received for Prime and Sub Contractors. The Certified Payroll records will be reviewed to confirm that all labor classifications are properly compensated according to state and federal wage requirements, whichever governs. Consultant shall also verify that the proper ratio of apprentices are staffed on the project. Daily reporting of workers names, labor classifications and hours worked will be compared to Certified Payroll Records to confirm they match. Consultant shall conduct bi-weekly employee interviews on Form CEM-2504, “Employee Interview: Labor Compliance/EEO”, to verify that workers are being compensated according to their designated labor classification. Finally, Consultant shall confirm that all required labor law posters and information are located on the job site. Consultant’s Labor Compliance Officer shall also be responsible for reviewing and filing all DBE Utilization records for the project. Consultant shall review the DBE commitments in the bid documents, review the monthly DBE Utilization Report and review and file the Final Report for DBE Utilization. Should any violations regarding labor compliance or the DBE goal be discovered, Consultant shall notify the City of Fresno immediately, draft formal correspondence to document findings and suggest potential responses including payment withholding until all labor compliance/DBE issues are resolved. Work Products 1. Certified Payroll review records 2. Formal correspondence, if needed, to rectify and labor compliance violations 3. Employee Interview records (Form CEM-2504) 4. Completed Form CEM-2402F, “Final Report - Utilization of Disadvantaged Business Enterprises (DBE) First-Tier Subcontractors” Contract Dispute Management (Task 2.10) Objectives 1. Avoid construction contract disputes 2. Independently assess merit, cost and time impacts of disputed work 3. Provide dispute-related correspondence in accordance within the contract terms Task Description Consultant’s primary goal is to partner with the Contractor to avoid contract disputes in the first place. To do this, Consultant will take a proactive approach to anticipating potential disputes and Consultant will quickly seek to confer with the Contractor and the City to identify alternative solutions to any potentially disputed work. Consultant shall independently analyze the contract and the disputed-related impacts and prepare a draft response for any dispute for the City and Caltrans to review. Consultant shall also seek DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 17 of 31 to limit the size of the dispute by identifying and separating undisputed portions of notices of potential claims. Should the dispute enter into informal dispute resolutions hearings within the context of contractual dispute resolution processes prior to the Proposed Final Estimate, Consultant shall compile and draft the City’s position documents and present the City’s position at the informal dispute resolution hearing. Work Products 1. Contractual Analysis of notices of potential claims (narrative report with back-up documentation) 2. Draft responses to notices of potential claims 3. City Position Paper and presentation for informal dispute hearings prior to PFE 4. Change Order for just compensation or time adjustment if appropriate Schedule Update Review (Task 2.11) Objectives 1. Review the updated project schedule for accuracy 2. Identify and report on schedule slippage 3. Report schedule updates weekly Task Description The Contractor will need to submit an as-built schedule weekly to document progress and identify schedule slippage, if any. Consultant shall review the updated schedule to confirm that the as-built information conveyed in the update is accurately recorded. Should delays to the schedule or changes to the schedule be necessary, Consultant shall independently assess these delays or changes and report these findings to the City. If the Contractor’s progress indicates that the project is at risk of late completion, the City will be notified immediately and Consultant shall proactively work with the Contractor to identify schedule recovery strategies. The findings of all schedule update reviews will be recorded in the standard Review Comments/Response Log and formal correspondence may be required to notify the Contractor of any inaccuracies or schedule concerns. Work Products 1. Schedule Update Review comments recorded in the Review Comments/Response Log 2. Formal correspondence as needed to notify the Contractor of update inaccuracies or schedule slippage 3. Reports of independent analysis of delays or schedule changes to the City Pre-paving Meeting and QC Plan Review (Task 2.12) Objectives 1. Approve a detailed Quality Control Plan for HMA Paving 2. Hold a Pre-Operation Meeting with the Contractor and Project Team to establish timing, roles, responsibilities and expectations Task Description The Contractor must submit a detailed Quality Control Plan for the Engineer to review and approve. Consultant shall ensure that this plan meets the requirements of project specifications prior to implementation. Once the plan is approved Consultant shall hold a thorough pre-operation meeting with the Contractor’s staff, Designer, CM team, testing laboratory and survey crew. At this meeting Consultant will review the timing, roles and DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 18 of 31 responsibilities for acceptance of all pavement improvements. Expectations for timeliness of QA and QC sampling, testing and reporting need to be established and recorded. Consultant shall also identify contingency plans and communication plans should material test data not reach acceptable levels or equipment breaks down. Finally, Consultant shall ensure that material testing staff and laboratory are prepared to perform and expedite additional sampling and testing during the early stages of production while the Contractor establishes their means and methods. Work Products 1. QC Plan Submittal Review Comment/Response Log 2. Formal correspondence to accept, accept with comments or reject QC Plan 3. Meeting Minutes for Pre-Operation Meeting Field Inspection and Daily Reporting (Task 2.13) Objectives 1. Oversee traffic handling operations to ensure that the work zone is safe and convenient for the travelling public 2. Oversee the Contractor’s operations to ensure that the site is safe workers and the public 3. Inspect the materials and methods used to assure quality of the completed work 4. Collect material certification documentation for all incorporated materials 5. Maintain a record of the contractor’s operations for schedule review and risk mitigation 6. Document labor classifications and names to support labor compliance efforts 7. Measure the quantity of completed work to support payment activities 8. Oversee all permit compliance activities during construction Task Description The Consultant team includes roadway and structures construction inspectors. These inspectors shall inspect the project site on a daily basis and complete a daily inspection report with the following information: - Any traffic handling and safety observations - Description of the work performed that day with location, time and weather information - Quality observations or concerns - Name, labor classification and employer of all workers on site with hours worked - Make, model and ID of all equipment on site with hours of operation (Down or idle time recorded) - Pre and post construction surveys of all ADA ramps and pedestrian walkways - Records of key conversations between the Inspector and the Contractor - Record of material certification information collected - Measurements and quantities of completed work - Photos of the project site and work performed with descriptive captions Daily tracking of materials, labor and equipment will be recorded to support change management and labor compliance processes. When possible, Consultant Inspection Staff will perform intermittent or benchmark inspections to operate in a cost effective manner. The daily reports will be reviewed for quality by the Resident Engineer and Structure Representative. The completed reports maintained in the project files. The DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 19 of 31 Inspectors shall also maintain an As-Built copy of the project plans to record any as-built changes as the project progresses. Work Products 1. Daily Inspection Reports with photographic records 2. Pre and post-construction surveys of all ADA ramps and pedestrian walkways 3. Records of material certification information 4. Material delivery records Electrical and Landscaping Specialty Inspections (Task 2.14) Objectives 1. Provide specialized inspection services to enhance the knowledge of the project delivery team 2. Streamline inspection services through specialization Task Description The Consultant team consists of specialized inspection and engineering staff including a Journeyman Electrician and a licensed Landscape Architect. Each of the specialists shall review submittals and RFI’s, manage the project files and oversee construction related to their individual areas of expertise. Consultant shall ensure compliance with the contract documents, City standards and the latest industry processes and protocols. Consultant shall also represent the City in the event of an audit. Work Products 1. Submittal review correspondence 2. RFI input and correspondence 3. Field inspection reports and quality assurance documentation 4. Project close-out records Environmental Compliance Monitoring (Task 2.15) Objectives 1. Ensure project compliance with biological, archaeological, and paleontological regulatory permit requirements 2. Monitor the project site and document regulatory compliance 3. Provide documentation of regulatory compliance to the City 4. Report on all environmental monitoring efforts in compliance with the Project ECR and COOP Agreement Task Description The Consultant team includes licensed Biological, Paleontological, and Archeological Monitors. Consultant shall review all biological, archaeological, and paleontological permits to fully understand the environmental commitments and reporting requirements for the project. Consultant shall perform site inspections to ensure compliance with all environmental documents and regulatory permits. Construction monitoring consists of pre-construction, construction, and post-construction monitoring and reporting. Construction monitors shall be present on site prior to the initiation of construction activities and conduct reconnaissance or clearance surveys of the project area on an as- needed basis to ensure compliance with all measures of the permit(s). If required, the construction monitor shall be present for daily construction crew safety meetings. Construction monitors shall maintain daily logs, including construction monitor’s name, DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 20 of 31 date, times of arrival and departure (for both construction monitor and construction crew), weather conditions, on-site personnel, initial construction staging area and construction progress, any issues encountered, and actions taken to resolve noncompliance issues. Construction monitors shall store daily logs in a construction monitoring notebook to be submitted to the City at requested time intervals (e.g., weekly, biweekly, monthly, or quarterly). This staff is also responsible for verifying that all required reporting and environmental documentation is complete and included in the project files. A final construction monitoring report summarizing all dates of construction monitoring, special- status species encountered, paleontological and cultural resources encountered, and any noncompliance issues encountered and their subsequent resolution shall be submitted. Consultant shall coordinate with all involved regulatory agencies as needed to clarify permitting requirements and provide documentation of compliance to the City in the event of third-party reviews. Work Products 1. Environmental inspection reports and photographic records 2. Environmental compliance documentation and reports Stormwater Pollution Prevention Plan Monitoring (Task 2.16) Objectives 1. Ensure compliance with the approved SWPPP and General Permit requirements 2. Inspect BMP’s daily to ensure they are installed properly and functional 3. Observe and report any SWPPP violation or illegal discharge as a result of the Contractor’s operations 4. Coordinate with the City’s Legally Responsible Person as needed Task Description During daily inspection operations, Consultant shall oversee the Contractor’s implementation of the approved SWPPP program. Consultant shall inspect BMP’s daily and identify any potential sources of stormwater pollution. Consultant shall also oversee any spill clean-up measures should they occur. Should the SWPPP need to be revised or amended based on field conditions, Consultant shall review any amendments and upload the most current approved electronically using the SMARTS system. Depending in the established Risk Level Consultant shall oversee all regular inspection procedures and testing and sampling requirements based on the occurrence of qualifying rain events. Consultant shall also ensure procedural compliance in the case of an illegal discharge or reported spill. Work Products 3. Daily Inspection Reports with photographic records of SWPPP controls and BMP’s 4. SWPPP inspection and corrective action correspondence Materials Testing (Task 2.17) Objectives 1. Sample, test and document compliance with the project specifications and City Quality Assurance Program for all incorporated material Task Description Consultant shall schedule material testing during the construction phase according to the City Quality Assurance Program (QAP), Chapter 6 of the Caltrans Construction Manual, DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 21 of 31 project specifications and City Standard Specifications. Where a conflict exists regarding material testing type and frequency between these documents that is not clearly defined by the order of precedence in the contract, Consultant shall notify the City to establish clear Quality Assurance testing requirements. All material tests will be recorded in material testing reports. The material test reports will be reviewed by Consultant to verify compliance with the project specifications. All material test reports will be maintained in the project files. Should quality assurance testing indicate non-conformance, the Consultant shall notify the Contractor and oversee all corrective work according to the project specifications and State Standard Specifications. Payment will not be authorized until material test reports indicate compliance with all contract requirements. Work Products 1. Material Test Reports 2. Non-Compliance correspondence if necessary Source Inspection (Task 2.18) Objectives 1. Inspect the materials and construction methods used by off-site fabricators and suppliers to assure quality of the fabricated materials meet project plans and specifications 2. Prepare source inspection verification reports for record keeping and Caltrans IQA Audit 3. Maintain all source inspection documentation in the project files 4. Provide a material certification letter to the City at the end of the project Task Description The specific Source Inspection tasks are as follows: - Prepare a project-specific Source Inspection Quality Management Plan (SIQMP) - Maintain and update the project SIQMP during the course of constriction - Hold a standalone Pre-Construction SIQMP meeting with Contractor and their key subs to discuss source inspection roles and responsibilities - Hold Pre-fabrication Quality Control Plan (QCO) meetings for specialized material fabrications - Perform ongoing Material Control Cycle Verification by receiving, verifying, and responding to Notice of Materials to be Used submittals (CEM-3101s) - Dispatch inspectors to fabrication yards or suppliers warehouse for material sampling and verification inspections - Prepare daily source inspection verification reports for project materials inspected off site - Participate in weekly construction meetings (once a month or once every other month) to update the team on source inspection progress - Prepare monthly source inspection reports for the Caltrans Oversight Engineer - Attend and represent the City at quarterly Caltrans Oversight audits and respond to audit findings - Attend and represent the City at the final Caltrans Oversight audit to close the project DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 22 of 31 - Prepare a final material certification report for the project close-out records Work Products - Project Source Inspection Quality Management Plan (SIQMP) - Material Control Notifications - Project daily source inspection reports - Source inspection correspondence and responses to audit findings - Specialized material testing reports for source inspection - Monthly project source inspection reports Surveying and Construction Staking (Task 2.19) Objectives 1. To provide the City and contractor with accurate and timely working stakes to facilitate construction of the improvements. 2. To provide timely documentation of daily field surveys performed to assist the City evaluating work to be constructed. 3. Establish process for Contractor survey requests as well as internal QA/QC steps for surveys. 4. MONUMENTS? Task Description Surveying services shall include Control Stakings, Working Stakings, and layout calculations necessary to establish line and grade for the contractor, and will include the following: 1. Gather and analyze the available Improvement Plans, maps, Construction Documents, and record information for the project. 2. Perform a GPS survey to set the Control Stakes and the survey/control line for the Construction Staking. 3. Tie out monuments that may be disturbed or destroyed during construction and prepare and file pre and post corner records for monuments within the project area. 4. Run levels from City/Project Benchmarks to the control stakes. 5. Provide Staking Package(s) to Field Crew and set Working Stakes as necessary. 6. Prepare and submit cut sheets to the Construction Manager and the Resident Engineer. Upon the completion of each staking task Consultant shall provide the Construction Manager and the Resident Engineer with a Daily Survey Report, including a copy of the cut sheet for the work performed. Actual offsets and spacing for working stakes will be coordinated with the construction manager and the contractor. Work Products 1. Working stakes as outlined above 2. Survey Report & Cut sheets 3. Pre and Post Corner Records Structures Inspection (Task 2.20) Objectives 1. Provide quality assurance inspection and documentation of structure construction DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 23 of 31 2. Support Submittal, RFI, and Contract Change Order reviews related to structure construction 3. Coordinate material testing related to structure construction Task Description The Consultant team includes one full-time Structure Field Inspector to provide quality assurance review of the contractor’s work for the following structures:  Veterans Boulevard Overcrossing (Br. No. 420445)  Southbound Off-Ramp Pedestrian Undercrossing (Br. No. 42C0445J)  Southbound On-Ramp Pedestrian Undercrossing (Br. No. 42C0445K)  Golden State Boulevard Undercrossing (Br. No. 42C0673) Consultant’s Structures Field Inspector shall observe construction of the structures to provide quality assurance review of the contractors’ work for general compliance with the contract documents. As part of this process, Consultant shall:  Provide written observation reports on activities performed by the contractor including manpower, equipment, and materials.  Document observed deficiencies or deviations from the contract documents in written structure observation reports and communicate these to contractor for remedial action.  Assist with the scheduling quality assurance material testing and review material testing reports.  Provide progress photos of the work and field conditions.  Maintain a set of record drawings for each structure indicating revisions made during construction and the associated RFI. The Consultant Structures Field Inspector shall attend weekly progress meetings when structure related activities are progressing to assist with communication between Consultant, the City, Caltrans, the Contractor and other stakeholders. These meetings will also be used to discuss project schedule and upcoming construction operations and potential issues related to those activities. The Consultant Structure Field Inspector shall assist with the review of submittals, RFI’s and CCO’s related to the structures as required by the contract documents. The Consultant Structure Field Inspector shall also coordinate quality assurance surveys at key times during the construction of the bridge structures to verify structure layout and grades prior to concrete pours. The following quality assurance surveys are anticipated for each structure:  Abutments Footing  Abutment Stem, Seat, and Wingwall  Columns  Falsework Soffit Grades  Deck Grade Dowels  Approach Slabs Grades In addition to coordinating quality assurance surveys, the Consultant Structure Field Inspector shall review all bridge grade calculations prepared by the Contractor and compare them to the survey information provided by the project surveyor. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 24 of 31 Work Products 1. Structure Observation Reports 2. Structure survey calculations 3. As-built records of structural plans 4. Final Punchlist Inspection of structures Participate in a Formal Partnering Program (Task 2.21) Objectives 1. Foster a partnering approach to project delivery 2. Regularly monitor and discuss project metrics related to the health of the project delivery team 3. Implement an approach to resolving project issues in a timely manner Task Description The Consultant shall coordinate with the Contractor and the City to identify a mutually acceptable Partnering Facilitator. Typically, the Contractor will enter into a contract with Partnering Facilitator and the cost for the Partnering Program will be split between the Contractor and the City. Consultant shall meet early to hold a Partnering Kickoff Meeting. At this meeting Consultant shall create a Partnering Charter to identify mutual project goals, roles and responsibilities for partnering during the project and an issue escalation process to quickly resolve project issues at different levels within the project delivery team. The timing of partnering meetings and project health measurement and reporting processes will be established at the kickoff meeting. Typically, regular meeting, measurement and reporting processes will be held on a quarterly basis. Occasionally, standalone partnering meetings will be held to resolve larger project or delivery team issues. The entire Consultant Team shall participate in these partnering processes during the construction phase. Work Products 1. Partnering Charter 2. Partnering Report Cards 3. Partnering Meeting Minutes with Action Items POST-CONSTRUCTION PHASE Final Inspection & Punch-List Inspections (Task 3.1) Objectives 1. To provide the City with assurance that project work has been fully completed in according to the plans and project specifications. 2. Coordinate and attend all final inspections with City Public Works and Utilities and Caltrans Units. Task Description The Consultant Resident Engineer and Inspector will walk inspect the full length of the project to document any unfinished, damaged or non-compliant work. The findings of this inspection will be documented in a project punch-list which will be formally transmitted to Contractor. The project site will be re-inspected as needed until all punch-list item work has been completed. Once the RE believes the project is fully completed Consultant shall coordinate a walk-through with City Public Works and Utilities and Caltrans Units to accept the project. Consultant shall review completed punch-list work during this walk- DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 25 of 31 through and if no other deficiencies or omissions are noted. Consultant shall recommend acceptance of the completed project. Work Products 1. Punch-List for work to be completed Prepare and Recommend Final Payment Request (Task 3.2) Objectives 1. To provide the City with the final contract cost, final balance due the contractor, and Report of Expenditure Checklist. Task Description Following completion of the contract work, Consultant shall determine the final quantities and cost of all approved change orders. This will be used to prepare the final estimate which will be forwarded to the City for final approval and processing. Prepare final payment only when all compliance, as-built, claims, and disputes are completed. Work Products 1. Final Payment Request with Quantity Calculation documentation Review and Submit As-Builts (Task 3.3) Objectives 1. Provide the City with As-Built records of the completed project Task Description During construction, as-built plans will be regularly updated to record any deviations from the project plans. Once all punch-list work has been completed, Consultant shall review the as-built records for accuracy and completeness. Consultant shall include all revised plan sheets resulting from contract change orders. Consultant shall submit Consultant’s as-built markups to the Designer of Record and support them as needed to create the Final As-Built Records. The Consultant shall provide the final as-built plans to the City and Caltrans with the Project Close-Out Records. Work Products 1. As-Built Plans Prepare Final Reports (Task 3.4) Objectives 1. To provide the City with a written history of the construction contract Task Description Consultant shall review the project documents and prepare a written report for the City, to include at a minimum:  Names of all key personnel and organizations involved with the project (i.e., City’s project manager, resident engineer, contractor, and any other parties that had a significant part in the construction of the projects)  Chronological history of the construction effort, to include all significant dates  Caltrans Coordination Records  Contract amounts at bid time with all other bids in tabular form  Change order history, including summary statement about each change, negotiated cost of each change, and other information deemed necessary by Consultant and the City’s project manager DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit A Page 26 of 31  Summary of RFIs, in tabular or matrix form  Summary of outstanding claims not resolved when the notice of completion is filed  Summary of final contract amount  Final DBE and UDBE report  Project photographs  Lessons learned Work Products 1. Project History File Deliver Project Files (Task 3.5) Objectives 1. To provide the City with all project close-out documentation Task Description Consultant shall turn over all project files, contract correspondence, and documents, including final logs, to the City upon completion of the project. Consultant shall confirm that all of the required project files are delivered per the Construction Document Collection for City CIP Projects and LAPM. Once the files have been provided Consultant shall assist the City with the final Notice of Completion and Acceptance of Work documentation. Work Products 1. Electronic and hard copy of the project files Plant Establishment Inspections (Task 3.6) Objectives 1. Inspect landscaping quality after substantial completion of the project 2. Oversee any remedial work, if needed Task Description Consultant shall intermittently inspect the landscaping within the project limits for a period of nine months after the project is substantially complete. These inspections will document the health of landscaping with photographic records. Should unhealthy landscaping be observed, Consultant shall meet with the Contractor to identify any deficiencies in the landscaping or irrigation materials. Consultant shall coordinate with Caltrans as needed to resolve these issues. At the end of the 9-month period, Consultant shall perform a thorough final inspection with photographic records and will track and inspect any corrective work, if needed. Work Products 1. Landscape Inspection Reports 2. Photographic Records 3. Landscape Inspection Punchlist, if needed DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 SCHEDULE OF FEES Veterans Boulevard Interchange Project Straight OT(1.5x) OT(2x)From To Kevin Reisz, PE $248.16 $248.16 $248.16 4/1/2021 12/31/2021 Principal $255.60 $255.60 $255.60 1/1/2022 12/31/2022 $263.27 $263.27 $263.27 1/1/2023 12/31/2023 Jeff Pallesen, PE $262.55 $262.55 $262.55 4/1/2021 12/31/2021 Resident Engineer $270.43 $270.43 $270.43 1/1/2022 12/31/2022 $278.54 $278.54 $278.54 1/1/2023 12/31/2023 Brad Riel, PE $250.86 $250.86 $250.86 4/1/2021 12/31/2021 Senior - Structure Rep $258.39 $258.39 $258.39 1/1/2022 12/31/2022 $266.14 $266.14 $266.14 1/1/2023 12/31/2023 Bobby Pentorali, PE $221.48 $221.48 $221.48 4/1/2021 12/31/2021 ARE - Structures Rep $228.13 $228.13 $228.13 1/1/2022 12/31/2022 $234.97 $234.97 $234.97 1/1/2023 12/31/2023 Kramer Walker, PE $191.03 $191.03 $191.03 4/1/2021 12/31/2021 Utilities $196.76 $196.76 $196.76 1/1/2022 12/31/2022 $202.67 $202.67 $202.67 1/1/2023 12/31/2023 Rich Feldman $170.61 $170.61 $170.61 4/1/2021 12/31/2021 CPM Scheduling $175.73 $175.73 $175.73 1/1/2022 12/31/2022 $181.00 $181.00 $181.00 1/1/2023 12/31/2023 Kirt Carr $175.57 $175.57 $175.57 4/1/2021 12/31/2021 Inspector $180.83 $180.83 $180.83 1/1/2022 12/31/2022 $186.27 $186.27 $186.27 1/1/2023 12/31/2023 TBD $190.44 $177.72 $175.18 4/1/2021 12/31/2021 Inspector $190.44 $186.65 $185.90 1/1/2022 12/31/2022 $190.44 $189.36 $188.28 1/1/2023 12/31/2023 Rosa Martinez $123.53 $123.53 $123.53 4/1/2021 12/31/2021 Office Engineer $127.24 $127.24 $127.24 1/1/2022 12/31/2022 $131.06 $131.06 $131.06 1/1/2023 12/31/2023 Shawn Cullers $206.47 $206.47 $206.47 1/1/2021 12/31/2021 Exempt work $212.66 $212.66 $212.66 1/1/2022 12/31/2022 $219.04 $219.04 $219.04 1/1/2023 12/31/2023 $225.61 $225.61 $225.61 1/1/2024 12/31/2024 Mark Weaver $157.66 $157.66 $157.66 1/1/2021 12/31/2021 Exempt work $162.39 $162.39 $162.39 1/1/2022 12/31/2022 $167.27 $167.27 $167.27 1/1/2023 12/31/2023 $172.28 $172.28 $172.28 1/1/2024 12/31/2024 Mark Weaver $207.44 $234.26 $261.08 1/1/2021 12/31/2021 Inspector $213.67 $241.29 $268.92 1/1/2022 12/31/2022 $220.08 $248.53 $276.98 1/1/2023 12/31/2023 $226.68 $255.99 $285.29 1/1/2024 12/31/2024 Jonathan Jensen $149.20 $149.20 $149.20 1/1/2021 12/31/2021 Exempt Work $153.68 $153.68 $153.68 1/1/2022 12/31/2022 $158.29 $158.29 $158.29 1/1/2023 12/31/2023 $163.04 $163.04 $163.04 1/1/2024 12/31/2024 Jonathan Jensen $201.00 $230.75 $260.49 1/1/2021 12/31/2021 Inspector $207.03 $237.66 $268.30 1/1/2022 12/31/2022 $213.24 $244.79 $276.34 1/1/2023 12/31/2023 $219.64 $252.13 $284.63 1/1/2024 12/31/2024 Consultant/Subconsultant NV5, Inc. Cornerstone Structural Engineering Group Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Exhibit A Page 27 of 31 DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 SCHEDULE OF FEES Veterans Boulevard Interchange Project Straight OT(1.5x) OT(2x)From To Consultant/Subconsultant Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Tyler Eaton $129.52 $129.52 $129.52 1/1/2021 12/31/2021 Exempt Work $133.41 $133.41 $133.41 1/1/2022 12/31/2022 $137.41 $137.41 $137.41 1/1/2023 12/31/2023 $141.53 $141.53 $141.53 1/1/2024 12/31/2024 Tyler Eaton $240.40 $276.96 $313.53 1/1/2021 12/31/2021 Inspector $247.61 $285.28 $322.94 1/1/2022 12/31/2022 $255.04 $293.84 $332.63 1/1/2023 12/31/2023 $262.69 $302.65 $342.60 1/1/2024 12/31/2024 Farzad Tasbihgoo $184.80 $184.80 $184.80 7/1/2020 6/30/2021 Senior Quality Engineer $190.34 $190.34 $190.34 7/1/2021 6/30/2022 $196.05 $196.05 $196.05 7/1/2022 6/30/2023 Andrew Soria $115.50 $140.50 $165.50 7/1/2020 6/30/2021 Lead QA Inspector $118.97 $144.72 $170.47 7/1/2021 6/30/2022 $122.53 $149.06 $175.58 7/1/2022 6/30/2023 Dan Chang $138.60 $168.60 $198.60 7/1/2020 6/30/2021 Senior QA Inspector $142.76 $173.66 $204.56 7/1/2021 6/30/2022 $147.04 $178.87 $210.69 7/1/2022 6/30/2023 Reid Gerritsen $109.15 $132.77 $156.40 7/1/2020 6/30/2021 QA Inspector $112.42 $136.76 $161.09 7/1/2021 6/30/2022 $115.79 $140.86 $165.92 7/1/2022 6/30/2023 Paul Mortsolf $103.95 $126.45 $148.95 7/1/2020 6/30/2021 QA Inspector $107.07 $130.24 $153.42 7/1/2021 6/30/2022 $110.28 $134.15 $158.02 7/1/2022 6/30/2023 David Ramirez $103.95 $103.95 $103.95 7/1/2020 6/30/2021 QA Inspector $107.07 $107.07 $107.07 7/1/2021 6/30/2022 $110.28 $110.28 $110.28 7/1/2022 6/30/2023 Derick Hobbs $80.85 $98.35 $115.85 7/1/2020 6/30/2021 Assistant Quality Engineer $83.28 $101.30 $119.23 7/1/2021 6/30/2022 $85.77 $104.34 $122.91 7/1/2022 6/30/2023 Richard Corona $103.95 $126.45 $148.95 7/1/2020 6/30/2021 QA Technician $107.07 $130.24 $153.42 7/1/2021 6/30/2022 $110.28 $134.15 $158.02 7/1/2022 6/30/2023 Jesse Wiliams $111.08 $111.08 $111.08 4/1/2021 12/31/2021 Project Manager $114.41 $114.41 $114.41 1/1/2022 12/31/2022 $117.84 $117.84 $117.84 1/1/2023 12/31/2023 Jesse Williams $151.50 $149.12 $146.74 4/1/2021 12/31/2021 Group 3 Soils/Asphalt $151.50 $147.46 $143.41 1/1/2022 12/31/2022 $151.50 $145.74 $139.99 1/1/2023 12/31/2023 Jesse Williams $136.69 $126.90 $117.11 4/1/2021 12/31/2021 Group 4 ACI $136.69 $125.23 $114.40 1/1/2022 12/31/2022 $136.69 $123.52 $117.83 1/1/2023 12/31/2023 Ryan DeVault $158.57 $190.02 $203.96 4/1/2021 12/31/2021 Group 3 Soils/Asphalt $158.57 $189.36 $202.11 1/1/2022 12/31/2022 $158.57 $188.69 $200.23 1/1/2023 12/31/2023 Ryan DeVault $143.76 $167.79 $174.33 4/1/2021 12/31/2021 Group 4 ACI $143.76 $167.14 $172.48 1/1/2022 12/31/2022 $143.76 $166.47 $170.60 1/1/2023 12/31/2023 ZT Consulting Group, Inc. NV5 West, Inc. Exhibit A Page 28 of 31 DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 SCHEDULE OF FEES Veterans Boulevard Interchange Project Straight OT(1.5x) OT(2x)From To Consultant/Subconsultant Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Ryan DeVault $43.43 $43.43 $43.43 4/1/2021 12/31/2021 Exempt work $44.74 $44.74 $44.74 1/1/2022 12/31/2022 $46.08 $46.08 $46.08 1/1/2023 12/31/2023 Adam Blackwell $164.43 $192.77 $201.11 4/1/2021 12/31/2021 Group 3 Soils/Asphalt $164.43 $192.03 $199.02 1/1/2022 12/31/2022 $164.43 $191.26 $196.86 1/1/2023 12/31/2023 Adam Blackwell $149.62 $170.55 $171.48 4/1/2021 12/31/2021 Group 4 ACI $149.62 $169.80 $169.39 1/1/2022 12/31/2022 $149.62 $169.03 $167.23 1/1/2023 12/31/2023 Clintwood Robancho $165.40 $188.15 $186.41 4/1/2021 12/31/2021 Group 3 Soils/Asphalt $165.40 $187.24 $183.83 1/1/2022 12/31/2022 $165.40 $186.29 $181.19 1/1/2023 12/31/2023 Anabelle Ward $180.44 $212.50 $227.56 4/1/2021 12/31/2021 Group 3 Soils/Asphalt $180.44 $211.87 $225.79 1/1/2022 12/31/2022 $180.44 $211.21 $223.94 1/1/2023 12/31/2023 John Virrey $108.21 $162.31 $216.42 1/1/2020 12/31/2020 Electrical Lead $112.54 $168.80 $225.07 1/1/2021 12/31/2021 $117.04 $175.56 $234.08 1/1/2022 12/31/2022 $121.72 $182.58 $243.44 1/1/2023 12/31/2023 Augustin Mendiola $143.97 $215.96 $287.95 1/1/2020 12/31/2020 Electrical Lead $149.97 $224.60 $299.47 1/1/2021 12/31/2021 $155.72 $233.58 $311.45 1/1/2022 12/31/2022 $161.59 $242.93 $323.90 1/1/2023 12/31/2023 Paul Marcillac $211.59 $317.39 $423.18 1/1/2020 12/31/2020 Landscape Lead $220.06 $330.08 $440.11 1/1/2021 12/31/2021 $228.86 $343.29 $457.72 1/1/2022 12/31/2022 $238.01 $357.02 $476.03 1/1/2023 12/31/2023 Christine Manitta $116.18 $174.27 $232.36 1/1/2020 12/31/2020 Associate Landscape Lead $120.83 $181.24 $241.66 1/1/2021 12/31/2021 $125.66 $188.49 $251.33 1/1/2022 12/31/2022 $130.69 $196.03 $261.38 1/1/2023 12/31/2023 Maisha Ruth $133.42 $200.13 $226.84 1/1/2020 12/31/2020 Associate Landscape Lead $138.76 $208.14 $277.52 1/1/2021 12/31/2021 $144.31 $216.46 $288.62 1/1/2022 12/31/2022 $150.08 $225.12 $300.16 1/1/2023 12/31/2023 Jolene Mason $145.14 $145.14 $145.14 7/1/2020 6/30/2021 Project Manager $149.49 $149.49 $149.49 7/1/2021 6/30/2022 $153.98 $153.98 $153.98 7/1/2022 6/30/2023 Patrick Kong $70.27 $70.27 $70.27 7/1/2020 6/30/2021 Bio Resources Coordinator $72.38 $72.38 $72.38 7/1/2021 6/30/2022 $74.55 $74.55 $74.55 7/1/2022 6/30/2023 Trevor Hazen $73.32 $73.32 $73.32 7/1/2020 6/30/2021 Bio Resources Coordinator $75.52 $75.52 $75.52 7/1/2021 6/30/2022 $77.79 $77.79 $77.79 7/1/2022 6/30/2023 Dan Woodward $128.32 $128.32 $128.32 7/1/2020 6/30/2021 Senior Archaeo Specialist $132.17 $132.17 $132.17 7/1/2021 6/30/2022 $136.13 $136.13 $136.13 7/1/2022 6/30/2023 Sapphos Environmental, Inc. Stantec Consulting, Inc. Exhibit A Page 29 of 31 DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 SCHEDULE OF FEES Veterans Boulevard Interchange Project Straight OT(1.5x) OT(2x)From To Consultant/Subconsultant Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Niranjala Kottachi $87.29 $87.29 $87.29 7/1/2020 6/30/2021 Paleontological Monitor $89.91 $89.91 $89.91 7/1/2021 6/30/2022 $92.61 $92.61 $92.61 7/1/2022 6/30/2023 Garth Pecchenino $273.19 $273.19 $273.19 3/1/2021 3/31/2022 Principal in Charge $281.38 $281.38 $281.38 4/1/2022 3/31/2023 $289.82 $289.82 $289.82 4/1/2023 7/31/2023 Kristie Achee $171.71 $171.71 $171.71 3/1/2021 3/31/2022 Senior Project Manager $176.86 $176.86 $176.86 4/1/2022 3/31/2023 $182.17 $182.17 $182.17 4/1/2023 7/31/2023 David Pelton $149.37 $149.37 $149.37 3/1/2021 3/31/2022 Senior Associate Surveyor $153.85 $153.85 $153.85 4/1/2022 3/31/2023 $158.47 $158.47 $158.47 4/1/2023 7/31/2023 Antonio Westerlund $159.24 $159.24 $159.24 3/1/2021 3/31/2022 Senior Surveyor $164.02 $164.02 $164.02 4/1/2022 3/31/2023 $168.94 $168.94 $168.94 4/1/2023 7/31/2023 Brandon Walker $153.01 $153.01 $153.01 3/1/2021 3/31/2022 Senior Surveyor $157.60 $157.60 $157.60 4/1/2022 3/31/2023 $162.33 $162.33 $162.33 4/1/2023 7/31/2023 Jocelyn Correa $124.89 $124.89 $124.89 3/1/2021 3/31/2022 Project Manager $128.63 $128.63 $128.63 4/1/2022 3/31/2023 $132.49 $132.49 $132.49 4/1/2023 7/31/2023 TBD $141.25 $141.25 $141.25 3/1/2021 3/31/2022 Senior Associate Surveyor $145.49 $145.49 $145.49 4/1/2022 3/31/2023 $149.86 $149.86 $149.86 4/1/2023 7/31/2023 TBD $113.65 $131.15 $131.15 3/1/2021 3/31/2022 Associate Surveyor $117.06 $135.09 $135.09 4/1/2022 3/31/2023 $120.57 $139.14 $139.14 4/1/2023 7/31/2023 TBD $81.18 $93.68 $93.68 3/1/2021 3/31/2022 Assistant Surveyor $83.62 $96.50 $96.50 4/1/2022 3/31/2023 $86.12 $99.38 $99.38 4/1/2023 7/31/2023 TBD $123.39 $142.39 $142.39 3/1/2021 3/31/2022 Senior CADD Technician $127.10 $146.67 $146.67 4/1/2022 3/31/2023 $130.91 $151.07 $151.07 4/1/2023 7/31/2023 TBD $97.42 $112.42 $112.42 3/1/2021 3/31/2022 Sr. Associate CADD Tech. $100.34 $115.79 $115.79 4/1/2022 3/31/2023 $100.35 $119.26 $119.26 4/1/2023 7/31/2023 TBD $90.92 $104.92 $104.92 3/1/2021 3/31/2022 Associate CADD Tech.$93.65 $108.07 $108.07 4/1/2022 3/31/2023 $96.46 $111.31 $111.31 4/1/2023 7/31/2023 TBD $151.58 $175.09 $198.61 3/1/2021 3/31/2022 Survey Party Chief $157.40 $180.91 $204.43 4/1/2022 3/31/2023 $160.02 $183.54 $207.05 4/1/2023 7/31/2023 TBD $118.23 $138.76 $159.25 3/1/2021 3/31/2022 Survey Chainman $122.12 $142.65 $163.18 4/1/2022 3/31/2023 $124.85 $145.38 $165.91 4/1/2023 7/31/2023 Arash Firouzjaei $296.74 $445.11 $593.49 7/1/2020 6/30/2021 President & Principal-In-Charge $305.64 $458.47 $611.29 7/1/2021 6/30/2022 $314.81 $472.22 $629.63 7/1/2022 6/30/2023 Quad Knopf, Inc. Achievement Engineering Corp. Exhibit A Page 30 of 31 DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 SCHEDULE OF FEES Veterans Boulevard Interchange Project Straight OT(1.5x) OT(2x)From To Consultant/Subconsultant Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Sina Hooshdar $191.73 $287.60 $383.46 7/1/2020 6/30/2021 Project Engineer $197.48 $296.22 $394.96 7/1/2021 6/30/2022 $203.41 $305.11 $406.81 7/1/2022 6/30/2023 Zachary Johnston $159.78 $239.67 $319.57 7/1/2020 6/30/2021 Project Coordinator $164.58 $246.86 $329.15 7/1/2021 6/30/2022 $169.51 $254.27 $339.03 7/1/2022 6/30/2023 Ali Tahmasbi Gilani $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Field & Laboratory Manager $123.84 $185.76 $247.69 7/1/2021 6/30/2022 Senior Inspector $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Amir Zand $296.74 $445.11 $593.49 7/1/2020 6/30/2021 Geotechnical Engineer $305.64 $458.47 $611.29 7/1/2021 6/30/2022 $314.81 $472.22 $629.63 7/1/2022 6/30/2023 Givarkise Ishoo $114.14 $171.21 $228.27 7/1/2020 6/30/2021 Laboratory Supervisor $117.56 $176.34 $235.12 7/1/2021 6/30/2022 $121.09 $181.63 $242.18 7/1/2022 6/30/2023 Amin Rasoulian $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Senior Inspector $123.84 $185.76 $247.69 7/1/2021 6/30/2022 $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Arash Amirkhansarie $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Senior Inspector $123.84 $185.76 $247.69 7/1/2021 6/30/2022 $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Brian Holck $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Senior Inspector $123.84 $185.76 $247.69 7/1/2021 6/30/2022 $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Chris England $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Senior Inspector, NDT II $123.84 $185.76 $247.69 7/1/2021 6/30/2022 $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Emad Aryamanesh $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Senior Inspector $123.84 $185.76 $247.69 7/1/2021 6/30/2022 $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Johnny Thompson $120.24 $180.35 $240.47 7/1/2020 6/30/2021 Senior Inspector, NDT III $123.84 $185.76 $247.69 7/1/2021 6/30/2022 $127.56 $191.34 $255.12 7/1/2022 6/30/2023 Ali Kabiri $98.96 $148.44 $197.92 7/1/2020 6/30/2021 Special Inspector $101.93 $152.89 $203.86 7/1/2021 6/30/2022 $104.99 $157.48 $209.97 7/1/2022 6/30/2023 Hooman Tavana $98.96 $148.44 $197.92 7/1/2020 6/30/2021 Special Inspector+B209 $101.93 $152.89 $203.86 7/1/2021 6/30/2022 $104.99 $157.48 $209.97 7/1/2022 6/30/2023 Exhibit A Page 31 of 31 DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) Page 1 of 5 Exhibit B EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City”) and NV5, Inc. (Consultant) Veterans Boulevard Interchange Project MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY and Fresno County Transportation Authority, their officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, CALTRANS, their officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) Page 2 of 5 Exhibit B (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $2,000,000 per claim/occurrence; and, (ii) $4,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, CALTRANS, and their officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self- insured retentions as respects to CITY, CALTRANS, and their officers, officials, employees, agents and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, CALTRANS, and their officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) Page 3 of 5 Exhibit B establish additional insured status for the City and CALTRANS for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, CALTRANS, and their officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY, CALTRANS, and their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, CALTRANS, and their officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, CALTRANS, and their officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) Page 4 of 5 Exhibit B 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no side agreement is required, CONSULTANT shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and CONSULTANT shall ensure that CITY, CALTRANS, and their officers, officials, employees, agents and volunteers. The subcontractors' certificates and endorsements DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (10-19-2020) Page 5 of 5 Exhibit B shall be on file with CONSULTANT, and CITY, prior to commencement of any work by the subcontractor. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 Exhibit C EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Veterans Boulevard Interchange Project YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers, or professionals, owners or investors in a business, which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) Additional page(s) attached. (City State Zip) DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 1 of 3 Exhibit D EXHIBIT D FEDERAL AND STATE ASSURANCES Consultant Service Agreement between City of Fresno (City) and NV5, Inc. (Consultant) Veterans Boulevard Interchange Project 1. The Consultant shall comply with and require its Subcontractors to comply with the following: a. 23 USC §112 regarding Highways and the letting of contracts to Architects and Engineers; b. The provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12900(a-f), set forth in Chapter of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Give a written notice of their obligations under this clause to any labor organizations with which they have a collective bargaining or any other agreements as appropriate. INCLUDE THIS ENTIRE CLAUSE IN ANY AND ALL SUBCONTRACTS. c. Appendix A attached hereto and incorporated herein. 2. Cost Principles a. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1 Part 31.000 et seq., shall be used to determine the allowability of cost for individual items. b. The Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. c. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by the Consultant to the City. 3. Subcontracting a. the Consultant shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the City’s Contract Manager, except that, which is expressly identified in the approved Cost Proposal. b. Any subcontract in excess of $25,000 shall contain ALL the provisions stipulated in this Agreement to be applicable to subcontractors. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 2 of 3 Exhibit D c. Any substitution of subconsultants/subcontractors must be approved in writing by the City’s Contract Manager. 4. Equipment Purchase a. Prior authorization in writing, by the City’s Contract Manager shall be required before the Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or the Consultant services. The Consultant shall provide a written request which includes an evaluation of the necessity or desirability of incurring such costs, three competitive quotations obtained in the manner prescribed in the City’s Municipal Code Section 4-101(d) or 4-102 as applicable or a sole source justification as provided in the City’s Administrative Order No. 3-3. b. Any equipment purchased as a result of this Agreement is subject to the following: the Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, the Consultant may either keep the equipment and credit the City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established the City procedures; and credit the City in an amount equal to the sales price. If the Consultant elects to keep the equipment, fair market value shall be determined at the Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to the City and the Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the City. 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. c. The above provisions shall be included in all subcontracts in excess of $25,000. 5. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LOBBYING This section only applies to contracts where federal funding will exceed $100,000. A. The Consultant certifies to the best of his or her knowledge and belief that: 1. No state, federal or City appropriated funds have been paid, or will be paid by-or-on behalf of the Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 3 of 3 Exhibit D making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; the Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. 6. NON-DISCRIMINATION CLAUSE During the performance of this Agreement, the Consultant and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. The Consultant and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Consultant and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. The Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. The Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 1 of 2 Appendix A to Exhibit D APPENDIX A TO EXHIBIT D Consultant Service Agreement between City of Fresno (City) and NV5, Inc. (Consultant) Veterans Boulevard Interchange Project (1) The Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this Agreement. (2) The Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the Agreement covers a program set forth in Appendix B of the REGULATIONS. (3) In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by the Consultant of the Consultant’s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) The Consultant shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to the Consultant’s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State of California (STATE) or the FHWA as appropriate, and shall set forth what efforts the Consultant has made to obtain the information. (5) In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to the City under the Agreement within a reasonable period of time, not to exceed 90 days; and/or DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 2 of 2 Appendix A to Exhibit D (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) The Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The Consultant shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, the Consultant may request STATE enter into such litigation to protect the interests of STATE, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. (7) The Consultant shall execute the following CERTIFICATION OF CONSULTANT, COMMISSIONS & FEES I HEREBY CERTIFY that I am , and duly authorized representative of the firm of __________________________ whose address is_______________________________________________________________, and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this Agreement; nor (b) agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this Agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of Federal-aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature) DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 1 of 3 BUILD Grant Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally- assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 2 of 3 BUILD Grant Appendix A & E a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 DPW-S FHWA Eng. CSA, Short Form T&M – Contingency (09-24-2020) Page 3 of 3 BUILD Grant Appendix A & E • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq). DocuSign Envelope ID: D5E26F49-CEC2-4574-9EB6-CBB94312CAF8 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-498,Version:1 APPOINTMENT April 8, 2021 SUBJECT Approve the appointment of Haley M. Wagner to the Planning Commission. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ NOTIFICATION OF APPOINTMENT BY MAYOR TO BOARD OR COMMISSION TO: City Council THROUGH: Yvonne Spence, City Clerk BY: Jerry Dyer, Mayor Reappointment X New Appointment Name of person replaced: N/A Name: Haley M. Wagner Address: Home Phone: Business Phone: N/A Appointed to: Planning Commission Term: Through 6/30/2024 City Council Agenda 04/08/2021 Submit Date: Jan 11, 2021 First Name Middle Initial Last Name Email Address Home Address City State Postal Code Primary Phone Alternate Phone Employer Job Title City of Fresno Boards & Commissions Application Form Profile Which Boards would you like to apply for? Planning Commission: Submitted What district do you live in? * District 1 Briefly explain why are you interested in serving on this board or commission? Although a transplant to the Fresno area in 2000, I now consider myself native. I spent my youth split between the East & West growing up in NY, NJ & Southern CA. My experiences have provided a unique perspective as to what Fresno is and what it can be, while still embracing it's history and defining industries. I want to see the city of Fresno flourish for generations to come. Educational background, Schools Attended, Degrees and Certifications Valencia High School - Valencia, CA California State University Fresno - Bachelor of Arts, Interior Design Commercial Property & Casualty Broker-Agent - CA License #4041220 Do you or an immediate family member have any professional or financial relationship that may present a potential conflict of interest for this board, commission or similar body? Yes No Work History Work Address Haley M Wagner Arthur J. Gallagher & Co.Area Vice President Haley M Wagner City, State, Zip Code Fresno, CA 93720 Provide 3 Personal and Professional References. Provide name, address, and phone number where they may be reached during the day. Question applies to multiple boards I declare under penalty of perjury the above information is true and correct. Yes No Haley M Wagner City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-503,Version:1 APPOINTMENT April 8, 2021 SUBJECT Approve the appointment of Maricela Ortiz to the Immigrant Affairs Committee, Laura Gromis to the Bicycle and Pedestrian Advisory Committee, and Anna Hun to the Fresno Youth Commission. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ NOTIFICATION OF APPOINTMENT BY COUNCILMEMBER TYLER MAXWELL TO BOARD OR COMMISSION TO: City Council THROUGH: Yvonne Spence, City Clerk BY: Tyler Maxwell, Councilmember ______ Reappointment __XX___ New Appointment Name of person replaced: NAME: ADDRESS: Maggie Thao / Jessica Bobadilla Maricela Ortiz HOME PHONE: BUSINESS PHONE: APPOINTED TO: Immigrant Affairs Committee City Council Agenda 04/08/2021 Submit Date: Apr 01, 2021 First Name Middle Initial Last Name Email Address Home Address City State Postal Code Primary Phone Alternate Phone City of Fresno Boards & Commissions Application Form Profile Which Boards would you like to apply for? Immigrant Affairs Committee: Submitted What district do you live in? * District 7 Briefly explain why are you interested in serving on this board or commission? Being an immigrant myself, I have always believed in the importance of advocating for our immigrant communities. In my previous positions I was able to see first hand the great need there is to continue connecting our immigrant community and the resources available to them, as well as seeking new ways to continue bringing new resources that meet those needs. Educational background, Schools Attended, Degrees and Certifications I obtained a BA degree from the California State University Of Fresno. I also held an BIA Accreditation from the Board Of Immigration Appeals Briefly explain your qualifications or areas of demonstrated expertise for this board or commission. For the past 10 years I have worked in various positions where I have seen the great need our immigrant communities face on daily basis. I have always tried to find the way to advocate for entire families whether I was teaching in a classroom or providing immigration assistance alongside the immigration attorneys. I was a member of a local immigration coalition for over 3 years were we discussed all of the needs and ways to help with the integration of our immigrant communities. Furthermore, we would discuss what were the areas of concern and ways to help them. Now with COVID-19 I do believe that our immigrant communities are the most affected, and as a consequence the need for services and advocacy for this group is going to be esencial. Maricela F Ortiz Maricela F Ortiz Employer Job Title Do you or an immediate family member have any professional or financial relationship that may present a potential conflict of interest for this board, commission or similar body? Yes No Work History Work Address City, State, Zip Code Fresno, Ca, 93721 Provide 3 Personal and Professional References. Provide name, address, and phone number where they may be reached during the day. Question applies to multiple boards I declare under penalty of perjury the above information is true and correct. Yes No Ca state Assembly Field Representative Maricela F Ortiz NOTIFICATION OF APPOINTMENT BY COUNCILMEMBER TYLER MAXWELL TO BOARD OR COMMISSION TO: City Council THROUGH: Yvonne Spence, City Clerk BY: Tyler Maxwell, Councilmember ______ Reappointment __XX___ New Appointment Name of person replaced: NAME: ADDRESS: Vacant Laura Gromis HOME PHONE: BUSINESS PHONE: APPOINTED TO: Bicycle and Pedestrian Advisory Committee City Council Agenda 04/08/2021 Submit Date: Jan 27, 2021 First Name Last Name Email Address Home Address City State Postal Code Primary Phone Alternate Phone City of Fresno Boards & Commissions Application Form Profile Which Boards would you like to apply for? Bicycle and Pedestrian Advisory Committee (BPAC): Submitted What district do you live in? * District 2 Briefly explain why are you interested in serving on this board or commission? I have been an attendee of BPAC meetings for over a year and see the demand for strong representation of the rights of pedestrians and bicyclists in the city of Fresno. This committee is a wonderful way for the community, public works and representatives from the different council districts to come together to discuss important issues. I am a livelong active transportation user and am inspired to help support the continued discussion on these important matters. Incoming councilmember Tyler Maxwell is having a great platform on conserving and I would love to align my passion to advocate for active transportation by working with him to implement his vision to leave Fresno a better place. My workplace is located in district 4 and I have many contacts at Fresno State with whom I am working on a continued basis, among other on active transportation, which make me an ideal candidate to support the work on BPAC as representative for district 4. Educational background, Schools Attended, Degrees and Certifications Science Po Lille, France, Certificate of Political Studies, 2006 Heidelberg University, Germany, M.A. in Political Science, Public Law and Social Anthropology, 2008 Do you or an immediate family member have any professional or financial relationship that may present a potential conflict of interest for this board, commission or similar body? Yes No Work History Laura Gromis Laura Gromis Employer Job Title Work Address City, State, Zip Code 93740 Provide 3 Personal and Professional References. Provide name, address, and phone number where they may be reached during the day. Question applies to multiple boards I declare under penalty of perjury the above information is true and correct. Yes No USGBC Central California Executive Director Laura Gromis NOTIFICATION OF APPOINTMENT BY COUNCILMEMBER TYLER MAXWELL TO BOARD OR COMMISSION TO: City Council THROUGH: Yvonne Spence, City Clerk BY: Tyler Maxwell, Councilmember ______ Reappointment __XX___ New Appointment Name of person replaced: NAME: ADDRESS: Vacant Anna Hun HOME PHONE: BUSINESS PHONE: APPOINTED TO: COF Youth Commission City Council Agenda 04/08/2021 City of Fresno Youth Commission Application Do you have an opinion about how your community makes decisions impacting you, your friends, and your family? How can you be involved with representing youth in your community to make a change? Join the City of Fresno Youth Commission! Youth Leadership Institute 700 Van Ness Ave. Suite #012, Fresno, CA 93721 Phone: (559) 492-9501 www.yli.org Applications are accepted on a rolling basis Please refer questions to: Cynthia Sapien, Director or Jose Espinoza, Program Manager for the City of Fresno Youth Commission, Youth Leadership Institute Phone: (559) 492-9501 Email/ Scan application to: ​jespinoza@yli.org Or Drop off at 700 Van Ness Ave. (Suite #012), Fresno, Ca., 93727 1 Youth Leadership Institute Application for the City of Fresno Youth Commission Who We Are and What We Do: The purpose of the Youth Commission is to bring Fresno's young people to the decision-making table on issues impacting youth within the jurisdiction of the city. The Youth Commission will serve as a space where young people can work to create positive change in our local city districts. Young people will have a voice in shaping and developing social, economic, recreational, and educational programs that serve our community’s youth. The City of Fresno Youth Commission will be comprised of 16 individuals, eight voting members, and eight alternate, non-voting members. Two members will be appointed from each of Fresno’s seven city council districts and two will be appointed by the Mayor. Appointments are for a two-year term. Procedures are in place to ensure that the members of the Youth Commission are representative and inclusive of the rich diversity of the City of Fresno, including but not limited to: ●Ethnically and culturally diverse youth, ●youth with health disparities, ●youth who are out of school, ●youth who are unemployed, ●youth who are homeless, and ●youth who are LGBTQIA Youth Commissioners will be trained and supported by the Youth Leadership Institute and the City of Fresno. Each year, Youth Commissioners benefit from youth leadership training and prioritize those issues that most impact youth and/or that have little or no youth input or representation. Frequently Asked Questions: What is the time commitment to serve as a Commissioner? The Youth Commission requires the commissioner to devote their time and abilities for a minimum requirement of 10 hours per month. The Youth Commission will hold regular meetings once per month, sometimes twice a month. In addition, Commissioners must attend all trainings, mandatory events, and may be asked to attend City Council meetings in support of agenda items, constituents, or a community issue. Who can be a Commissioner? Each voting member and alternate must attend a school and/or reside in the city of Fresno and be between the ages of 15 and 21. You must be passionate about youth and community issues—about the decisions the city makes that affect you and your friends! What dates and activities are mandatory for me to attend as a Commissioner? ●Swearing-In and Meet Elected Officials ●Youth and Parent Orientation ●Meeting with Elected Officials ●Monthly Meetings and/or trainings: Twice a month but at least once a month ●One-two Day Summer Training ●One-Day Winter Training ●One-Day Spring Training 2 Youth Leadership Institute Application for the City of Fresno Youth Commission How To Apply The application process and timeline are as follows: Fill out the attached application (i.e., personal information, applicant agreement, and essay questions) and turn it into the Youth Leadership Institute office (by email to jespinoza@yli.org or in person at YLI). Applications will be accepted and reviewed on a rolling basis, and may also include an interview. We require the following information in order to establish communication, understand background, and obtain an outlook of our community’s diverse population. In addition, selected applicants are required to attend a MANDATORY youth and parent orientation. * Please complete ALL information to the best of your ability. Incomplete applications will not be accepted. Personal Information Name: ______________________________________________________________________ Home Address/*Area of Residence: _______________________________________________________________ City: _____________________________ Zip Code: _______________________ Home Phone:_________ Cell Phone: _______ Email: ____________________ Age: _________ Date of Birth: _____ Gender Identity: __________________Ethnicity: _________________________Preferred Pronouns: ________________ If you are or will be in school, what school will you attend in the Fall of 2021? ________________________________________________________________________ If you are attending school, what grade will you be in during the 2021-2022 term? ____________________________________________________________________________________________________ What other extra-curricular commitments have you made for the year? (clubs, sports, employment, other programs) __________________________________________________________________________________________________________________ Would this be your first year on the Youth Commission? If no, how many years have you been on the Youth Commission? __________________________________________________________________________________________________________________ 3 Youth Leadership Institute Application for the City of Fresno Youth Commission Anna Hun Fresno Female Asian She/Her/Hers ASB (Sophomore Class President), AFJROTC, Valley STEM (Director of Operations), Dolores Huerta Foundation Yes, this would be my first year on the Youth Commission. How did you hear about the Youth Commission? __________________________________________________________ __________________________________________________________________________________________________________________ Are you related to the Mayor and/or any of the City Councilmembers? If yes, please explain: __________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ Please provide three personal and professional references as well as one letter of recommendation. Include their names, addresses, or a phone number where they can be reached. 1. ___________________________ __________________________________________________________________________________________________________________ 2. ___________________________________ __________________________________________________________________________________________________________________ 3. __________________________________ __________________________________________________________________________________________________________________ Letter of Recommendation Please attach one letter of recommendation from someone who can share more about the type of person you are and what attributes, talents, and passions you could bring to the Fresno Youth Commission. Please check the district you live in​: Would you like to be considered for a Mayor’s appointment to the Youth Commission? Not sure about which district you live in? Follow the link below to find out: http://www.fresno.gov/Government/CityCouncil/CouncilLocator.htm 4 Youth Leadership Institute Application for the City of Fresno Youth Commission ☐​District 1 ☐​District 2 ☐​District 3 ☐​District 4 ☐​District 5 ☐​District 6 ☐​District 7 ☐​Yes ☐​No I heard about the Youth Commission from my friend, Evelyn Gamble. No, I am not related to the Mayor or any of the City Councilmembers. Cesilia Acevedo Mary Janzen Megan Schlotthauer Applicant Agreement I, ___________________________________________, Certify that: ________________ (initial) The information provided in this application is accurate and I have made every attempt to answer all questions truthfully and to the fullest extent possible. ________________ (initial) I have reviewed the application and the required dates for the Youth Commissioner term and understand that all events and commission meetings are MANDATORY. ________________ (initial) I have also discussed or will discuss the time commitment with my parent(s) or legal guardian(s), teachers, sport coaches, employer, and other activity programs​, and can make a serious time commitment given my responsibilities. Print Name _______________________________________________ Signature ____________ Date _____________ 5 Youth Leadership Institute Application for the City of Fresno Youth Commission Anna Hun A.H. A.H. A.H. Anna Hun 3/28/2021 Essay Questions On a separate page, please respond to the following prompts in a detailed manner. 1.Please explain why you are interested in being a member of the Youth Commission? 2.What are some issues that affect you, your peers, or your community? If you had the opportunity to meet with a member of the Fresno City Council or the Mayor, what topics would you bring to their attention? 3.Describe an experience or project working with a team of diverse peers and adults. Have you been involved in a project that focused on community change? 4.Describe an opportunity where you assumed a leadership role and what skills/abilities you were able to develop. 5.As mentioned above, the Fresno City Youth Commission has a minimum time requirement of 10 hours per month. There may be times where it will be necessary to go beyond the minimum commitment, please explain in what ways you are prepared to meet the Commission’s goals. Please submit application in person or email to: Youth Leadership Institute 700 Van Ness Ave. Suite#012 Fresno, CA 93721 Phone: (559) 492-9501 Attn: Jose Espinoza, YLI Program Manager Email: jespinoza@yli.org 6 Youth Leadership Institute Application for the City of Fresno Youth Commission City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-420,Version:1 REPORT TO THE CITY IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION DATE:April 8, 2021 FROM:MARLENE MURPHEY, Executive Director SUBJECT Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T). 1. Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15332 (Class 32-infill) of the California Environmental Quality Act (CEQA) 2. Approve a Purchase and Sale Agreement between the City in its capacity as Housing Successor and Noyan Frazier, L.P., for property located at 887 Fulton Street. Sponsors: Fresno Revitalization Corporation RECOMMENDATION It is recommended that the City of Fresno in its capacity as Housing Successor approve a purchase and sale agreement (PSA) with Noyan Frazier, L.P., for property located at 887 Fulton Street (Berkeley Building). EXECUTIVE SUMMARY The Buyer, Noyan Frazier, L.P., has analyzed the property for development purposes through an ENA that expires April 11 2021. The Buyer intends to privately develop market rate housing and has agreed on terms to purchase the property “as is” for $800,000 ($25,000 above its appraised value) with a $25,000 nonrefundable deposit and six month escrow period. BACKGROUND The property, owned by the City Housing Successor is located at 887 Fulton Street and is comprised of an approximate 11,250 square foot (sf.) lot and a long vacant, commercial retail structure of about City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-420,Version:1 33,750 sf. The property was very recently appraised at $775,000.00. The Developer is considering approximately 48 market rate residential units in four stories over ground floor retail with a project cost estimate of $13 million. Terms of Agreement The Buyer, Noyan Frazier agrees to purchase the property above its appraised value on terms generally described below: Purchase Price: $800,000 (Appraised Value of $775,000). Initial Deposit: Within 10 business days after the effective date Buyer shall deliver to escrow a nonrefundable deposit of $25,000. Conditions to Close: Buyer must have submitted a complete set of plans to the City for review; and, proof of available financing must have been submitted and approved by the Seller. Closing: Escrow and the agreement terminate if closing does not occur by October 8, 2021. Seller Buy-Back: If Buyer has not obtained a Certificate of Occupancy following 24 months of the issuance of building permits seller will have the right to Buy-Back the property from Buyer at the selling price or current market value whichever is less. Since the property is subject to an ENA it is not subject to the newly adopted provisions of the Surplus Land Act provided disposition of the property is completed no later than Dec, 31, 2022. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment and determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15332 as Infill Development. The potential future development of residential units over ground floor retail is consistent with existing Downtown Core General Plan land use designation and zone district. The proposed project is on a .79 acre site downtown, and is therefore within City limits and on a site that is under five acres. The project site is not a habitat for any endangered, rare, or threatened species, and can be adequately served by all required utilities and public services. Finally, approval of this project will not result in any significant effects related to traffic, noise, air quality or water quality. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not considered because this agreement does not include a bid or award of a construction or services contract. FISCAL IMPACT City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-420,Version:1 The sale proceeds will increase the Housing Successor’s Low Moderate Housing Income Fund (LMIHF) and help to advance its purpose for the provision of affordable housing. Attachments: Purchase and Sale Agreement City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-412,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 97, Final Tract Map No. 6285 (area surrounding the southeast corner of North Armstrong and East Clinton Avenues) (Council District 4) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 97 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 97 (Subject to Mayor’s Veto) RECOMMENDATIONS 1.Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 97, 2.Adopt Resolution Calling Special Mailed-Ballot Election, 3.Adopt Resolution Declaring Election Results, and 4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 97. EXECUTIVE SUMMARY City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-412,Version:1 On February 18, 2021, the Council of the City of Fresno (Council) adopted Council Resolution No. 2021-044 with the intent to annex territory to Community Facilities District No. 11 (CFD No. 11) at the request of the landowner of Final Tract Map No. 6285. This is the noticed public hearing to consider annexing Final Tract Map No. 6285 as Annexation No. 97 to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. The cost for Services is $374.57 per lot annually. If approved, the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No. 6285 for identified Services. (See attached Location and Features map.) BACKGROUND On November 15, 2005, the Council adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund the maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner of Final Tract Map No. 6285 has petitioned the City of Fresno to be annexed into CFD No. 11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to the landscaping, trees and irrigation systems within the public easements and dedicated Outlots; including the concrete curbs, gutters, valley gutters, entrance median curbs, sidewalks, curb ramps, street name signage, street lighting, and local street paving associated with this subdivision. This also includes park hardscaping and amenities. Pursuant to this petition, the Council adopted Council Resolution No. 2021-044, declared its intention to annex the Final Tract Map No. 6285 to CFD No. 11, and set the public hearing for formal consideration. (See attached Location and Features map.) Resolution No. 2021-044 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council, the attached ordinance would levy the proposed Maximum Special Tax of $374.57 per residential lot to provide Services for Fiscal Year 2020-2021. The Maximum Special Tax will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election. Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-412,Version:1 LOCAL PREFERENCE Local preference was not implemented, as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the subject tract. Attachments: Location Map Feature Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ RESOLUTION NO. ----- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILI TIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 97 WHEREAS, on February 18, 2021, the Council of the City of Fresno (Council) adopted Council Resolution No. 2021-044 to Annex Final Tract Map No. 6285 to the City of Fresno, Community Facilities District No. 11 (CFO No. 11) and to Authorize the Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, Council Resolution No. 2021-044, incorporating a map of the area proposed for annexation to CFO No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 97 of CFO No. 11 to pay for the Services with respect to Annexation No. 97 of CFO No. 11, is on file with the City Clerk of the City of Fresno (City Clerk), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Council Resolution No. 2021-044 concerning the annexation of territory to CFO No. 11 ; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to CFO No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: �Resolution No. 2 of 6 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (District Report) as to the Services to be provided through CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) owners of at least one-half of the area of land in the territory included in the existing community facilities district and not exempt from the special tax; or (4) owners of at least one-half of the area of land in the territory proposed for annexation and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 3 of 6 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder’s Office in Book 46 at page 38 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the Annexation No. 97. 5. Services. The types of public services proposed to be financed by Annexation No. 97 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (Services). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to 4 of 6 allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621- 1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City of Fresno ceases. 9. Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000.00 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted 5 of 6 to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall take effect upon its adoption. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax * * * * * * * * * * * * * * 6 of 6 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Deputy City Attorney EXHIBIT A A-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 97 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 97 (Final Tract Map No. 6285) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6285, Annexation No. 97 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within public easements and dedicated outlots. Such facilities include, without limitation, concrete curbs and gutters, entrance median curbs, valley gutters, curb ramps and sidewalks, street name signage, street lights, and local street paving associated with this subdivision. Such facilities also include, without limitation, all hardscaping and park amenities associated with the subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 97 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-2 CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT B B-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 97 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2020-2021 for Final Tract Map No. 6285. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $26,765.00 2 Other Operational Costs $986.00 3 Reserve for Replacement $37,331.00 4 Incidental Expenses $2,715.00 Total $67,797.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6285 $374.57 181 $500,000.00 Century communities of California EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 97 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2020-2021 for a residential unit within Final Tract Map No. 6285 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Final Tract Map Number** Maximum Special Tax 6285 $374.57 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 97 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6285 2 of 7 1. The levy of a special tax proposed in Council Resolution No. 2021-044 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 11 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much property owned by each landowner and the number of votes to which each is entitled. 6. This Council approves the form, attached as Exhibit B, entitled Waiver and Consent From Sole Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 97, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, 3 of 7 may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7. Accordingly, this Council calls the special election described herein and sets April 8, 2021 as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on April 8, 2021, at 10:00 a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner * * * * * * * * * * * * * * 4 of 7 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Deputy City Attorney 5 of 7 EXHIBIT A SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No. 97 This ballot is for the use of Century Communities of California, LLC, the sole landowner owning land (Final Tract Map No. 6285) within Community Facilities District No. 11, Annexation No. 97, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast twenty-four (24) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on Thursday, April 8, 2021, at 10:00 a.m., to Yvonne Spence, CRM MMC, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 97, all as specified in its Council Resolutions No. and No. ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No. 97 be established in accordance therewith? Number of Votes YES Number of Votes NO 6 of 7 EXHIBIT A CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above- named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2021. Company Name: By: _______________________________ Print Name: _______________________________ Print Title: _______________________________ (Attach Notary Acknowledgment) 7 of 7 EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 11, Annexation No. 97 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Final Tract Map No. 6285) in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 97, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2021 Company Name ______________________________ By: _______________________________ Print Name _______________________________ Print Title _______________________________ 2 of 4 2.The Council declares Annexation No. 97 to be fully formed and the property within Annexation No. 97, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2021 -______, annexing Final Tract Map No. 97 as Annexation No. 97, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of February 24, 2021, on file with the City Clerk. 3.The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results * * * * * * * * * * * * ** 3 of 4 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Deputy City Attorney EXHIBIT A 4 of 4 CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 97 I, YVONNE SPENCE, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. 2021 -______on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 97, and held on April 8, 2021. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk’s Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of “yes” votes cast are true and correct. Total Votes that could be cast 24 Total Votes Cast “Yes 24 Total Votes Cast “No” 0 Total Votes Cast 24 The Votes cast “Yes” equal 100% of the total votes cast. I make this certification on _________________, 2021. ATTEST: Yvonne Spence, CRM MMC City Clerk By Deputy 2 of 3 2. The Public Works Director or designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno (City), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (County) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3. The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4. If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remaining parcels shall not be affected and shall remain in full force and effect. 5. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. Attachment: Exhibit B - Rate and Method of Apportionment of Special Tax 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Deputy City Attorney EXHIBIT B B-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 97 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2020-2021 for Final Tract Map No. 6285. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $26,765.00 2 Other Operational Costs $986.00 3 Reserve for Replacement $37,331.00 4 Incidental Expenses $2,715.00 Total $67,797.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6285 $374.57 181 $500,000.00 Century communities of California EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 97 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2020-2021 for a residential unit within Final Tract Map No. 6285 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Final Tract Map Number** Maximum Special Tax 6285 $374.57 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 97 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6285 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-238,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT (CONTINUED FROM JANUARY 28, 2021 AT 10:00 A.M. #3) CONTINUED HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 46 (Parcel A of Final Parcel Map No. 2019-06) (northeast corner of North First and East Nees Avenues) (Council District 6) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 46 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 46 (Subject to Mayor’s Veto) RECOMMENDATIONS 1.Adopt Resolution to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 46, 2.Adopt Resolution Calling Special Mailed-Ballot Election, 3.Adopt Resolution Declaring Election Results, and 4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 46. City of Fresno Printed on 4/2/2021Page 1 of 3 powered by Legistar™ File #:ID 21-238,Version:1 EXECUTIVE SUMMARY On July 16, 2020, the Council of the City of Fresno (Council) adopted Council Resolution No. 2020 -165 with the intent to annex territory to Community Facilities District No. 9 (CFD No. 9) at the request of the landowner of Parcel A of Final Parcel Map No. 2019-06. This is the noticed public hearing to consider annexing Parcel A of Final Parcel Map No. 2019-06 as Annexation No. 46 to CFD No. 9 to provide funding for the Services (as hereafter defined) pertaining to certain above ground public improvements associated with the Coronado Apartments Development. The cost for the Services totals $509 annually for Fiscal Year 2020-2021. If approved, the recommended resolutions and ordinance will levy a Special Tax on Parcel A of Final Parcel Map No. 2019-06 for identified Services. (See attached Location Map.) BACKGROUND On December 16, 2008, the Council adopted Council Resolution No. 2008-351 forming CFD No. 9 to fund the Services for public improvements/areas that may benefit not only a particular subdivision or a portion of, but also the City of Fresno (City) and the public at large, that serve a public purpose, and that are constructed or installed on public property or dedicated rights-of-way or easements. CFD No. 9 is to provide maintenance for certain regulatory required public improvements located within and adjacent to public streets on the perimeter of commercial, industrial, and multi-family subdivisions as described and permitted by the City of Fresno Special Tax Financing law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code). New commercial, industrial, and multi-family subdivisions and parcel maps have different needs and standards than those of a standard single-family residential subdivision. Commercial, industrial, and multi-family subdivisions are traditionally self-maintained with different proprietary requirements for landscaping, signage and general designs. CFD No. 9 is designed to accommodate these requirements by providing funding of services for certain required public improvements in the public rights-of-way along the perimeters of these developments. The landowner has petitioned the City to have Parcel A of Final Parcel Map No. 2019-06 annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (Services) pertaining to certain above ground public improvements located within City public easements. These improvements may include concrete curbs, gutters, and sidewalks, and local street paving as associated with the Coronado Apartment Development. Pursuant to this petition, the Council adopted Council Resolution No. 2019-165, declared its intention to annex Parcel A of Final Parcel Map No. 2019-06 to CFD No. 9, and set the public hearing for formal consideration. The public hearing was initially noticed for August 20, 2020. City Law provides that the hearing on a proposed annexation to an existing CFD “may be continued from time to time without further notice but shall be completed within one year of the original hearing date.” This hearing was continued to September 17, 2020, November 5, 2020, and was subsequently continued to January 28, 2021. Council Resolution No. 2020-165 also directed preparation of a District Report describing the Services and the costs of those services and this report is on file with the City Clerk of the City of Fresno. City of Fresno Printed on 4/2/2021Page 2 of 3 powered by Legistar™ File #:ID 21-238,Version:1 If adopted by the Council, the attached ordinance would levy the proposed maximum special tax totaling $509 annually for Fiscal Year 2020-2021. The Maximum Special Tax may be adjusted upward annually by 2% or by the rise of the Construction Cost Index, if it exceeds 2% for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election. Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached resolutions and ordinance have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” and is therefore exempt from CEQA requirements. LOCAL PREFERENCE Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the subject territory. Attachments: Location Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 4/2/2021Page 3 of 3 powered by Legistar™ 2 of 6 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (District Report) as to the Services to be provided through CFD No. 9 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) property owners not exempt from the special tax and owning at least one-half of the area of land in the territory included in the existing community facilities district; or (4) property owners not exempt from the special tax and owning at least one-half of the area of land in the territory proposed for annexation; and WHEREAS, the Special Tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in Exhibit A Page A-2 and A-3 hereto), has not been eliminated through protest of at least 50% or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno as follows: 3 of 6 1. Recitals. The foregoing recitals are true and correct. 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council hereby finds and determines that the proposed annexation conforms to the Goals and Policies that this Council adopted respecting the formation of CFD No. 9. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 9, recorded in the Fresno County Recorder’s Office in Book 46 at page 16 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of Annexation No. 46. 5. Services. The types of Services proposed to be financed by Annexation No. 46 of CFD No. 9 and pursuant to City Law shall consist of those listed as services on pages A-2 and A-3 of Exhibit A in the District Report on file with the City Clerk (Services), which are also attached hereto and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 9 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in CFD No. 9, including the territory to be annexed, will be levied annually within CFD No. 9, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property 4 of 6 owners. The proposed rate and method of apportioning the special tax among the parcels of real property within the territory of the proposed annexation, in sufficient detail to allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner will have to pay, is described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621- 1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a Notice of Special Tax Lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City of Fresno ceases. 9. Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000.00 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual 5 of 6 appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This resolution shall be effective upon final approval. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax * * * * * * * * * * * * * * 6 of 6 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________ 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, MMC CRM City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Date Jennifer M. Quintanilla Senior Deputy City Attorney EXHIBIT A A-1 CITY OF FRESNO Community Facilities District No. 9 Formation Description of Services currently financed by Community Facilities District No. 9 The services and operations (Services) that are to be financed by Community Facilities District No. 9 (CFD No. 9) are described below and are permitted by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I.Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all landscaping facilities (including reserves), including stamped concrete paving in medians and landscaped areas in public street rights- of-way, public trails, and, in instances where a required sound wall abuts a local City street and public landscape easements are officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; repairing and replacing stamped concrete paving and removing litter, debris, and garbage. II.Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructures (including reserves) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees, street signage and street furniture. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. All Services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 9 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 9 and the availability of sufficient proceeds of special taxes within the District. EXHIBIT A A-2 CITY OF FRESNO Community Facilities District No. 9 Annexation No. 46 Description of Services to be Financed by Community Facilities District No. 9 For (Parcel A of Final Parcel Map No. 2019-06) The services and operations described below (Services) to be financed by Community Facilities District No. 9 (CFD No. 9) for Parcel A of Final Parcel Map No. 2019-06, Annexation No. 46 are generally as described below and herewith Exhibit A, page A-3. General maintenance will include, without limitation, removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within the public street rights-of-way associated with Parcel A of Final Parcel Map No. 2019-06. Such facilities include, without limitation, concrete curbs, gutters, and sidewalks, and local street paving associated with this subdivision. Maintenance costs will also include a proportionate share of all other expenses that the City may incur in administering the CFD No. 9. All Services shall be provided by the City of Fresno, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Fresno. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 9 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation 46 to CFD No. 9 and the availability of sufficient proceeds of Special Taxes within CFD No. 9. EXHIBIT B B-1 CITY OF FRESNO Community Facilities District No. 9 Annexation No. 46 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 years’ Service for FY 2020-2021 for Parcel A of Final Parcel Map No. 2019-06 (a portion of Assessor’s Parcel Number 402- 220-66. ITEM DESCRIPTION ESTIMATED COST 1 Reserve for Replacement $494.00 2 Incidental Expenses $15.00 Total $509.00 Subdivision or Development Appropriation Limit Subdivision/Development Permit No. Total Maximum Special Tax for Services Appropriation Limit Landowner Parcel A of Final Parcel Map No. 2019-06 P18-02232 $509.00 $500,000.00 FN Coronado LLC Portion of Assessor’s Parcel Number 402-220-66 EXHIBIT B B-2 City of Fresno Community Facilities District No. 9 Annexation No. 46 Rate and Method of Apportionment of Special Tax A special tax applicable to each assessor’s parcel in Community Facilities District No. 9 (CFD No. 9) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 9, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 9 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A.DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Commercial or Industrial Developments or Subdivisions” means developments or subdivisions zoned for commercial or industrial uses. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 9. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Development” means any assessor’s parcel within the City of Fresno which is being developed for Industrial, Commercial, or Multi-Family purposes and requires a Building Permit. EXHIBIT B B-3 “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 9 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or portion thereof, that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Public Property” means any property within the boundaries of CFD No. 9 that is owned by the federal government, State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a Service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Development or Subdivision” means developments or subdivisions zoned for residential multi-family uses. “Residential Unit” means a multi-family residential dwelling unit and shall include condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to Section B below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 9, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 9, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. EXHIBIT B B-4 “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 9 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS On or about April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many square feet of taxable area are in each assessor’s parcels within each commercial or industrial development or subdivision of CFD No. 9. For commercial or industrial developments or subdivisions, the area to be taxed is the total area within each assessor’s parcels of the subdivision or development not designated as public right-of-way and is not to exceed the Maximum Special Tax identified for the development or subdivision in Section C, Table 1 below. RESIDENTIAL SUBDIVISIONS On or about April 1 of each fiscal year, the City or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 9. For parcels of undeveloped property zoned for development of multi- family units, the number of residential units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a multi-family building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the subdivision in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 9 shall be specific to each development, subdivision, subdivisions, or portion thereof within CFD No. 9. When additional property is annexed into CFD No. 9, the rate and method adopted EXHIBIT B B-5 for the annexed property shall reflect the MST for the development, subdivision, subdivisions, or respective portion thereof then annexed. The MST applicable to each development, subdivision, subdivisions, or portion thereof in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation expressly for the individual development, subdivision, subdivisions, or portion thereof being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. Subject to the maximum limit set by the MST, the Special Tax for the commercial, industrial or multi-family development or subdivision assessor’s parcels is calculated by spreading the Special Tax Requirement to the total taxable square footage of the development or subdivision and then apportioned proportionately by area to the individual assessor’s parcels within the development or subdivision or by the number of residential units as applicable. The total Maximum Special Tax for Fiscal Year 2020-2021 for the development or subdivision is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Development or Subdivision Number** Total Maximum Special Tax Parcel A of Final Parcel Map No. 2019-06 P18-02232 $509.00 Portion of Assessor’s Parcel Number 402-220-66 **A Special Tax shall be levied on all assessor’s parcels within an identified development or subdivision except excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all parcels of taxable property as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the special tax will be collected; EXHIBIT B B-6 Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 9 based on applying the Maximum Special Tax rates determined pursuant to Section C above to each parcel of taxable property in CFD No. 9; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 9; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 9 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-7 ATTACHMENT 1 City of Fresno Community Facilities District No. 9 Annexation No. 46 Excluded Parcels THERE ARE NO EXCLUDED PARCELS WITHIN THE BOUNDARIES OF ANNEXATION NO. 46 2 of 7 election; and WHEREAS, the Public Works Director has filed a Certificate (Certificate) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 9. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The levy of a special tax proposed in Council Resolution No. 2020-165 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 9. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 9. 5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 9 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much property owned by each landowner and the number of votes to which each is entitled. 3 of 7 6. This Council approves the form, attached as Exhibit B, entitled Waiver and Consent From Sole Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 9, Annexation No. 46, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, procedures and time periods. 7. Accordingly, this Council calls the special election described herein and sets April 8, 2021, as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowner(s) shown on the attachment to the Certificate. The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on Thursday, April 8, 2021, at 10:00 a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner * * * * * * * * * * * * * * 4 of 7 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Date Jennifer M. Quintanilla Senior Deputy City Attorney 5 of 7 EXHIBIT A SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 9 Annexation No. 46 This ballot is for the use of FN Coronado LLC, the sole landowner owning land (Parcel A of Final Parcel Map No. 2019-06) within Community Facilities District No. 9, Annexation No. 46, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above-named landowner is entitled to cast eleven (11) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on Thursday, April 8, 2021, at 10:00 a.m., to Yvonne Spence, MMC CRM, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno (City) be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 9, Annexation No. 46, all as specified in its Council Resolutions No. and No. ; and shall the appropriations limit for Community Facilities District No. 9 Annexation No. 46 be established in accordance therewith? Number of Votes YES Number of Votes NO 6 of 7 EXHIBIT A CERTIFICATION The undersigned is the authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above- named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2021. Company Name: By: Print Name: Print Title: (Attach Notary Acknowledgment) 7 of 7 EXHIBIT B WAIVER AND CONSENT FROM SOLE PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 9, Annexation No. 46 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the sole owner of the property (Parcel A of Final Parcel Map No. 2019-06) in this mailed-ballot election to be conducted within Community Facilities District No. 9 Annexation No. 46, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2021. Company Nam e By: Print Name Print Title RESOLUTION NO. ----- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT No. 9 ANNEXATION NO. 46 WHEREAS, on April 8, 2021, the Council of the City of Fresno (Council) adopted Council Resolution No. 2021 -___ calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriations limit for Annexation No. 46 to Community Facilities District No. 9 (CFO No. 9); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk's (City Clerk) Canvass and Statement of Election Results, dated ________ , 2021, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 46, has been submitted to the qualified electors within the area of Annexation No. 46, pursuant to Council Resolution No. 2021 -__ , and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code (City Law). Date Adopted: Date Approved: Effective Date; /} ,,/;, /)_ City Attorney Approval:� \ 1 of 4 Resolution No. 2 of 4 2.The Council declares Annexation No. 46 to be fully formed and the property within Annexation No. 46, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2021 -______, annexing Parcel A of Final Parcel Map No. 2019-06 as Annexation No. 46, and authorizing the levy of a special tax therein, and Council Resolution No. 2008-351, approving the local goals and policies for Community Facilities District No. 9, as described in the Community Facilities District Report dated as of July 20, 2020, on file with the City Clerk. 3.The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results * * * * * * * * * * * * * * 3 of 4 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, MMC CRM City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Date Jennifer M. Quintanilla Senior Deputy City Attorney EXHIBIT A 4 of 4 CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 9 Annexation No. 46 I, YVONNE SPENCE, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno (Council) in its Council Resolution No. 2021- on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 9, Annexation No. 46, and held on April 8, 2021. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk’s Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that count is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of “yes” votes cast are true and correct. Total Votes that could be cast 11 Total Votes Cast “Yes 11 Total Votes Cast “No” 0 Total Votes Cast 11 The Votes cast “Yes” equal 100% of the total votes cast. I make this certification on _________________, 2021. ATTEST: Yvonne Spence, MMC CRM City Clerk By Deputy BILL NO.----- ORDINANCE NO.----- AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2020-2021 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 9, ANNEXATION NO. 46 WHEREAS, on April 8, 2021 the Council of the City of Fresno (Council) adopted Council Resolution No. 2021 -___ , a resolution of the Council annexing territory as Annexation No. 46 to Community Facilities District No. 9, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 46, and preliminarily establishing an appropriations limit therefore (Annexation Resolution), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, by Council Resolution No. 2021 -___ , the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 46; and WHEREAS, on April 8, 2021, an election was held within Annexation No. 46 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THEREFORE, THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1.Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes, a special tax is hereby authorized and levied on all taxable parcels within Annexation No. 46 for the 2020-2021 fiscal year and for each t;)gte Adopted; Date Approved: Effective Date: .. /} ,# f]City Attorney Approva� \ 1 of 4 Ordinance No. 2 of 4 future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. The special taxes levied in any fiscal year on any parcel within Annexation No. 46 shall not exceed the maximum special tax specified in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes. 2.The Public Works Director or his designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno (City), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (County) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The Special Tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinquency, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or his designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3.The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the 3 of 4 County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4.If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remaining parcels, shall not be affected and shall remain in full force and effect. 5.This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. Attachment: Exhibit B - Rate and Method of Apportionment of Special Tax * * * * * * * * * * * * * * 4 of 4 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Date Jennifer M. Quintanilla Senior Deputy City Attorney EXHIBIT B B-1 CITY OF FRESNO Community Facilities District No. 9 Annexation No. 46 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 years’ Service for FY 2020-2021 for Parcel A of Final Parcel Map No. 2019-06 (a portion of Assessor’s Parcel Number 402- 220-66. ITEM DESCRIPTION ESTIMATED COST 1 Reserve for Replacement $494.00 2 Incidental Expenses $15.00 Total $509.00 Subdivision or Development Appropriation Limit Subdivision/Development Permit No. Total Maximum Special Tax for Services Appropriation Limit Landowner Parcel A of Final Parcel Map No. 2019-06 P18-02232 $509.00 $500,000.00 FN Coronado LLC Portion of Assessor’s Parcel Number 402-220-66 EXHIBIT B B-2 City of Fresno Community Facilities District No. 9 Annexation No. 46 Rate and Method of Apportionment of Special Tax A special tax applicable to each assessor’s parcel in Community Facilities District No. 9 (CFD No. 9) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 9, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 9 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A.DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Commercial or Industrial Developments or Subdivisions” means developments or subdivisions zoned for commercial or industrial uses. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 9. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Development” means any assessor’s parcel within the City of Fresno which is being developed for Industrial, Commercial, or Multi-Family purposes and requires a Building Permit. EXHIBIT B B-3 “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 9 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or portion thereof, that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Public Property” means any property within the boundaries of CFD No. 9 that is owned by the federal government, State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a Service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Development or Subdivision” means developments or subdivisions zoned for residential multi-family uses. “Residential Unit” means a multi-family residential dwelling unit and shall include condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family subdivision. For purposes of the levy of special taxes pursuant to Section B below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 9, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 9, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. EXHIBIT B B-4 “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 9 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATIONS COMMERCIAL AND INDUSTRIAL DEVELOPMENTS OR SUBDIVISIONS On or about April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many square feet of taxable area are in each assessor’s parcels within each commercial or industrial development or subdivision of CFD No. 9. For commercial or industrial developments or subdivisions, the area to be taxed is the total area within each assessor’s parcels of the subdivision or development not designated as public right-of-way and is not to exceed the Maximum Special Tax identified for the development or subdivision in Section C, Table 1 below. RESIDENTIAL SUBDIVISIONS On or about April 1 of each fiscal year, the City or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 9. For parcels of undeveloped property zoned for development of multi- family units, the number of residential units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a multi-family building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the subdivision in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 9 shall be specific to each development, subdivision, subdivisions, or portion thereof within CFD No. 9. When additional property is annexed into CFD No. 9, the rate and method adopted EXHIBIT B B-5 for the annexed property shall reflect the MST for the development, subdivision, subdivisions, or respective portion thereof then annexed. The MST applicable to each development, subdivision, subdivisions, or portion thereof in CFD No. 9 shall be the rate that is created at the time of CFD No. 9 annexation expressly for the individual development, subdivision, subdivisions, or portion thereof being annexed to CFD No. 9 at that time. Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. Subject to the maximum limit set by the MST, the Special Tax for the commercial, industrial or multi-family development or subdivision assessor’s parcels is calculated by spreading the Special Tax Requirement to the total taxable square footage of the development or subdivision and then apportioned proportionately by area to the individual assessor’s parcels within the development or subdivision or by the number of residential units as applicable. The total Maximum Special Tax for Fiscal Year 2020-2021 for the development or subdivision is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Development or Subdivision Number** Total Maximum Special Tax Parcel A of Final Parcel Map No. 2019-06 P18-02232 $509.00 Portion of Assessor’s Parcel Number 402-220-66 **A Special Tax shall be levied on all assessor’s parcels within an identified development or subdivision except excluded parcels as identified in Attachment 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all parcels of taxable property as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the special tax will be collected; EXHIBIT B B-6 Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 9 based on applying the Maximum Special Tax rates determined pursuant to Section C above to each parcel of taxable property in CFD No. 9; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 9; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 9 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 9 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-7 ATTACHMENT 1 City of Fresno Community Facilities District No. 9 Annexation No. 46 Excluded Parcels THERE ARE NO EXCLUDED PARCELS WITHIN THE BOUNDARIES OF ANNEXATION NO. 46 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-411,Version:1 SCHEDULED COMMUNICATION April 8, 2021 TIME 10:05 A.M. #1 SUBJECT Appearance by James D. Mendez to discuss Right To Counsel Community Proposal. (Speaker resides in District 2) City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ Bernard Canez From: Sent: To: Subject: James D. Mendez Monday, March 15, 2021 2:33 PM Clerk Request to Speak Before the Fresno City Council External Email: Use caution with links and attachments Name: Address District Phone Email Date You Wish to Speak Before the City Council Topic/Subject IP Address James D. Mendez District 2 April 8, 2021 Right To Counsel Community Proposal I am a member of the Right to Counsel Coalition which is supporting the proposal. The Right to Counsel Coalition is a group of renters, Fresno State students, professors, clergy, community organizers, and legal and policy experts, who care deeply about our community. We believe that a Right to Counsel will prevent homelessness and benefit thousands of vulnerable renters, especially children, the elderly, and young adults/first time renters. Housing is a fundamental human need. We believe that everyone should have a right to legal assistance if they are at risk of losing their home. We would like members of the City Council to place the Right To Counsel Community Proposal on the agenda, discuss the proposal, suggest changes if needed, arrange funding and bring the Right To Counsel Community Proposal for a vote. There are other members of the Right to Counsel Coalition that would also like to speak on the topic. I will also be asking them to submit requests to arrange for scheduled communication on the topic. 1 User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityc !erk/boards-comm iss ions/request-to-speak-council/ 2 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-449,Version:1 SCHEDULED COMMUNICATION April 8, 2021 TIME 10:05 A.M. #2 SUBJECT Appearance by Starry Rinn to discuss the cost-benefit analysis of passing a Right to Counsel in Fresno. (Speaker resides in District 5) City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ From: To: Clerk Subject:Request to Speak Before the Fresno City Council Date:Friday, March 19, 2021 5:23:27 PM External Email: Use caution with links and attachments Name:Starry Address District District 5 Phone Email Date You Wish to Speak Before the City Council April 8, 2021 Topic/Subject The cost-benefit analysis of passing a Right to Counsel in Fresno. IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/boards- commissions/request-to-speak-council/ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-458,Version:1 SCHEDULED COMMUNICATION April 8, 2021 TIME 10:05 A.M. #3 SUBJECT Appearance by Janine Nkosi to discuss Right to Counsel community proposal to mitigate homelessness and the housing/eviction crisis in Fresno. (Speaker resides in District 4) City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ From: To: Subject: Date: Request to Speak Before the Fresno City Council Monday, March 22, 2021 6:07:52 PM External Email: Use caution with links and attachments Name:Janine Nkosi Address District District 4 Phone Email Date You Wish to Speak Before the City Council April 8, 2021 Topic/Subject Right to Counsel community proposal to mitigate homelessness and the housing/eviction crisis in Fresno. IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/boards-commissions/request-to- speak-council/ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-450,Version:1 SCHEDULED COMMUNICATION April 8, 2021 TIME 10:05 A.M. #4 SUBJECT Appearance by James Prater to discuss fire inspection fees. (Speaker resides in District 3) City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ From: To: Subject: Date: Clerk Request to Speak Before the Fresno City Council Friday, March 19, 2021 5:33:15 PM External Email: Use caution with links and attachments Name:James Prater Address District District 3 Phone Email Date You Wish to Speak Before the City Council April 8, 2021 Topic/Subject Last year, fire inspection fees for multiunit properties were tripled without any public discussion, debate or prior notification. The basis for the new fees was a study done by NBS consultants in 2012. This study chose a regressive fee structure that subsidizes costs for large, multi-million-dollar corporations. This is a flawed study and unfairly burdens smaller property owners who are already struggling with depressed rental income and eviction moratoriums. I have gotten no answers in response to repeated inquiries to my Councilmember's office so I wish to bring the matter to the attention of the City Council in hopes of avoiding legal action against the City for violation of California's Taxpayer Transparency and Fairness Act of 2017. IP Address User-Agent (Browser/OS) Referrer https://www.fresno.gov/cityclerk/boards-commissions/request-to-speak-council/ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-476,Version:1 Workshop - Street Infrastructure City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ Fresno City Council WORKSHOP Street Infrastructure Public Works Department April 8, 2021 STREET INFRASTRUCTURE WORKSHOP TOPICS -Inspection and Assessment of Needs -Types of Service Requests -Estimated Needs -Funding Sources -Formula-Based Dollars -Competitive Grants -Project Prioritization -Pavement Life Cycle, Best Value & Treatments -Street Tree Program -Community Facilities Districts STREET INFRASTRUCTURE Inspection and Assessment of Needs •FresGO and 311 Calls •Constituent requests •Council District requests •Staff inspections •Citywide assessments –Urban forest tree inventory –Pavement management update STREET INFRASTRUCTURE Types of Service Requests STREET INFRASTRUCTURE Inspection and Assessment of Needs •2,682 open service requests f or curb & sidewalk repairs •1,747 open service requests f or street trees (6 month backlog) •Majority of requests come f rom neighborhoods with far more unreported locations with similar needs STREET INFRASTRUCTURE Inspection and Assessment of Needs •With limited resources, address immediate safety issues (i.e. fill potholes, patch sidewalk, remove tree limbs of concern) •Mitigate risk •Plan comprehensive neighborhood projects for future fiscal years STREET INFRASTRUCTURE Assessment of Needs •Pavement –last estimated at >$600 million (updating 3,700 lane-miles of pavement condition assessments this year) •Urban forest tree inventory –80% complete, anticipating $1.5 to 2 million of annual needs for proactive tree trimming •Tree -damaged curbs, gutter & sidewalks > $200 million •Missing, planned sidewalks -$365 million identified in 2017 Active Transportation Plan •Unfunded intersections meeting traffic signal warrants -$25 million Cost Estimates by Priority Type High Medium Low Total Bikeways 1 $89,796,200 $264,000,000 $602,000,000 $955,796,200 Sidewalks $24,948,000 94,000,000 $247,000,000 $365,948,000 Total $114,744,200 $358,000,000 $849,000,000 $1,321,744,200 1 = includes trails STREET INFRASTRUCTURE 2017 ATP COST ESTIMATES STREET INFRASTRUCTURE Funding CDBG Gas Tax STREET INFRASTRUCTURE GAS TAX FUNDING Three funds combining to total ~$12.9 million annually •Original Gas Tax •Proposition 111 Special Gas Tax •ABx86 Gas Tax •Fully consumed by operations of basic programs –Traffic Signal & Street Lighting (TSSL) maintenance –TSSL power bills –Traffic sign replacements –Repainting of pavement markings and striping –Potholes –Concrete strike team –Bridge repair –Emergency street repair –Fleet replacement & repair –Facilities STREET INFRASTRUCTURE Funding Sources NEIGHBORHOOD INFRASTRUCTURE FUNDING •CDBG •SB1 •Measure C (Street Maintenance Subprogram) •General Fund (One -Time Appropriations) MAJOR STREETS (Reconstruction, Traffic Signals, Complete Streets) •SB1 •Measure C (Street Maintenance & Bike Lane Subprograms) •Federal Transportation Grants (STBG, CMAQ) •Highway Safety Improvement Program (HSIP) •Active Transportation Program Grants Awarded Pending Not Awarded Number of Applications 103 0 23 Funds $115,136,850 $1,191,200 $27,247,335 Total Funds Requested $142,384,185 Success Rate 82% STREET INFRASTRUCTURE GRANT ACTIVITY (2015-2020) Public Works Department Strategies: •Align greatest needs with corresponding grant oppor tunities to maximize our success •Leverage local dollars with grant funding for maximum community benefit •Utilize local dollars for needs that are not grant funded STREET INFRASTRUCTURE PROJECT PRIORITIZATION Older neighborhoods –specifically older infrastructure Tree -damaged concrete •Curb & gutter –drainage, mitigate standing water •Sidewalks –schools, public facilities, complete neighborhood projects Traffic signals, sidewalks and safety improvements •Safe Routes to Schools •Complete Streets Policy •Correctable accidents •Volumes Pavement repairs •Roadway safety •Best value with limited resources Tree Trimming –reduce risk, improve health, beautify neighborhoods STREET INFRASTRUCTURE PAVEMENT LIFE CYCLE Source: US DOT, FHWA STREET INFRASTRUCTURE PAVEMENT TREATMENTS Source: US DOT, FHWA Slurry Seal Mill & Overlay Reconstruction STREET INFRASTRUCTURE SB1 FUNDING Annual revenue of approximately $10 million •Eligible for street rehabilitation •Complete streets •Traffic control devices Requires Council to adopt a separate resolution each fiscal year adopting a list of SB1 projects. Funds two full-time concrete crews, maintenance paving, and capital improvement projects. STREET INFRASTRUCTURE STREET TREE PROGRAM Two tree crews •Emergency response •Reactive maintenance Vendor services for geobase tree trimming •Dependent upon budget appropriations •Trim cycle has varied accordingly •Optimal trim cycle of 7 year frequency STREET INFRASTRUCTURE NEW DEVELOPMENT –HOA / CFD MODEL •All new development is required to form a private Homeowners Association or annex to the City’s Community Facilities District •Covers pavement, concrete repairs, irrigation water bills, landscape maintenance including pocket parks and trails, tree trimming, street lighting repair and power bills. •Future reserve and replacement is covered. •Includes escalators for inflation •Possible for existing neighborhoods with a special voter election and 2/3 majority in support •Annual revenue of $5.3 million and growing STREET INFRASTRUCTURE PUBLIC WORKS CFD ENHANCEMENT CREW Fresno City Council WORKSHOP Street Infrastructure Questions & Discussion City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-484,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 FROM:THOMAS C. ESQUEDA, City Manager City Manager’s Office BY:GEORGEANNE WHITE, Assistant City Manager City Manager’s Office SUBJECT Workshop - Fiscal year 2021 mid-year budget review Presentation of a workshop to City Council. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-500,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 SUBJECT RESOLUTION - Establishing a committee to facilitate the formation of an association of local mobile food vendors City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Resolution No. RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ESTABLISHING A COMMITTEE TO FACILITATE THE FORMATION OF AN ASSOCIATION OF LOCAL MOBILE FOOD VENDORS WHEREAS, there has been a rise in local violence directed at mobile food vendors in the city; and WHEREAS, the City desires to protect mobile food vendors and ensure their safety on public streets and while at work; and WHEREAS, the formation of a Council sub-committee will help the Council explore and address the acute needs of the mobile food vendor relating to personal public safety, law enforcement presence, licensing, and code regulations; and WHEREAS, a committee would be beneficial in assisting mobile food vendors in forming an association to protect and advocate for their unique interests. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Local Mobile Food Vendor Association Committee (Committee) is hereby established. 2. The membership of the Committee shall consist of three members of the City Council as appointed by the Council President. 3. The purpose of the Committee is to ascertain the needs of the mobile food vendor relating to personal public safety, law enforcement presence, licensing, and 2 of 3 code regulations and facilitate the formation of a Local Mobile Food Vendor Association (Association). 4. The City Attorney’s Office is hereby directed to work with the Committee in the formation of the Association; following formation, all tasks of the Association, including the creation of bylaws, shall be handled by the Association. 5. The Committee shall dissolve upon the formation of the Association or when dissolved by Council resolution, whichever occurs first. 6. This resolution shall be effective upon final approval. 3 of 3 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Pauline Brickey Date Deputy City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-504,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 SUBJECT RESOLUTION - Creating the Rental Mediation Program City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO CREATE THE RENTAL MEDIATION PROGRAM WHEREAS, the City has an interest in ensuring residents have access to safe and habitable housing; and WHEREAS, unlawful detainer actions are common in Fresno, and the problem has been exacerbated by COVID-19 related financial distress; and WHEREAS, tenants may not understand their rights and defenses to an unlawful detainer action; and WHEREAS, landlords may not understand their obligations to tenants; and WHEREAS, some of the grounds for unlawful evictions include retaliation for reporting code enforcement violations, violations of the state and local eviction moratoriums related to COVID-19, and other unlawful motivations for eviction; WHEREAS, the CITY wishes to implement the Rental Mediation Program (RMP) to provide resources and education to landlords and tenants; WHEREAS, the CITY has developed the Questionnaire attached as Exhibit A in order to obtain additional information from tenants regarding the circumstances of their eviction; and WHEREAS, the CITY has hired two law clerks to be responsible for reviewing information provided by tenants and landlords, and providing an opinion regarding the lawfulness of the eviction. 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The RMP will be a unit working within the City Attorney’s Office staffed by law clerks and supervised by attorneys. 2. The City Attorney’s Office will provide the Questionnaire on the website in English, Spanish, Hmong, and Punjabi. 3. Tenants will submit the Questionnaire to the City Attorney’s Office. 4. The Code Enforcement Legal Department will assign the Questionnaire to a law clerk (Mediator). The Questionnaire will be reviewed by the Mediator with assistance from the Code Enforcement attorneys. 5. If, based upon the Questionnaire, the eviction appears to be unlawful, the Mediator will contact the tenant for additional information, including documentation. The Mediator will also contact the landlord to explain the mediation program, request any applicable documentation, and ask for the landlo rd’s response to the tenant’s claims. The Mediator may also use information gathered from previous code enforcement cases and other City departments. 6. Once the Mediator receives all documentation, the Mediator will analyze the case neutrally to determine if there appears to be an unlawful motivation for the eviction. The Mediator will draft an opinion to the landlord and tenant with findings. 7. If both the landlord and tenant agree, a meeting may be set with the landlord, tenant, and Mediator, to discuss the eviction in more detail. The goal would be for the landlord and tenant to come to an agreement to avoid a court proceeding. 3 of 4 Whether an agreement is reached, both parties will leave the meeting more educated about their rights and responsibilities. 8. The Mediator is a neutral party evaluating the merits of each party’s case. This mediation program will not create an attorney client relationshi p with either the landlord or the tenant, and the Mediator will not be representing either party in a court proceeding. 9. This resolution shall be effective upon final approval. 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Erica Camarena Date Chief Assistant Attachment: Exhibit A - Tenant Questionnaire City Hall  2600 Fresno St., Rm. 2031, Fresno, CA 93721  559-621-7500; FAX 559-457-1084 OFFICE OF THE CITY ATTORNEY CODE ENFORCEMENT Douglas T. Sloan City Attorney Tenant Questionnaire Please answer the following questions so the City Attorney’s Office, Code Enforcement Division, can evaluate whether it appears you may be subject to an unlawful eviction. Once your questionnaire is received, it will be reviewed, and you will be contacted if additional information is needed. This questionnaire does not create an attorney client relationship, and the City is not representing you in your eviction proceedings. Name: Phone Number: Email address: Address of Rental Unit: Is this unit your primary residence? □ Yes No Do you have a written lease agreement with your landlord? □Yes No If you DO have a written lease agreement with your landlord, are you listed on the lease agreement as the primary tenant for this unit? If you are not listed as the primary tenant, who is? If you DO NOT have a written lease agreement with your landlord, what are the terms of your oral lease agreement? Have you received any documents from your landlord? □ Yes □ No If yes, please list all documents and the date received (Notice of Eviction, Notice to Pay Rent or Quit, court documents, etc.). If yes, to the best of your knowledge, why did you receive the documents from your landlord? Do you believe this eviction is unlawful? □Yes □ No If yes, please explain. What is your monthly rent amount? $_________ In the last year, have you paid rent? □ Yes □ No If yes, please list dates and amounts of rent paid. Have you experienced any loss in income due to covid? □Yes □ No If yes, have you told your landlord about your loss in income due to covid and provided them documentation to support your loss of income? □ Yes □ No Have you ever reported any issues you have in your unit to City of Fresno Code Enforcement? □ Yes □ No If yes, list approximate the dates you reported. Were those issues resolved? □Yes □ No If no, please explain. Are there currently any issues in your unit affecting habitability (for example, no smoke detectors, leaks, mold, no heat, no hot water)? □Yes □ No If yes, please explain. Do you believe your eviction is in retaliation for reporting issues to City of Fresno Code Enforcement? □ Yes □ No If you have any current issues in your unit, please report to Code Enforcement by calling 311 or using the FresGO app. City Hall  2600 Fresno St., Rm. 2031, Fresno, CA 93721  559-621-7500; FAX 559-457-1084 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-502,Version:1 REPORT TO THE CITY COUNCIL April 8, 2021 SUBJECT RESOLUTION - Denouncing the discrimination against the Asian American communities during the COVID-19 crisis in Fresno. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ 1 of 5 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO DENOUNCING THE DISCRIMINATION AGAINST THE ASIAN AMERICAN COMMUNITIES DURING THE COVID-19 CRISIS IN FRESNO WHEREAS, the City of Fresno denounces the racial discrimination that Asian American communities have experienced in Fresno during the COVID -19 pandemic crisis. Asian American communities in Fresno, including but not limited to Cambodian, Chinese, Filipino, Hmong, Iu-Mien, Japanese, Khmu, Korean, Lao, Punjabi, Thai, and Vietnamese; and WHEREAS, the City of Fresno will continue to celebrate the diverse communities that make up the City of Fresno, call on all communities to stand in solida rity with those affected by racial discrimination, and work courageously together towards healing and recovery; and WHEREAS, the City of Fresno is partnering with local organizations to address the heightened xenophobia and anti-Asian incidents that have increased throughout the COVID-19 pandemic; and WHEREAS, Asian American communities continue to be instrumental and pioneers in the City of Fresno since the 1860s. Today, Asian Americans make up Fresno’s second-largest community of color. Asian American community members serve as advocates, attorneys, business owners, educators, farmers, health care providers, industrial and maintenance workers, public service providers, and active contributors to the City of Fresno; and 2 of 5 WHEREAS, the COVID-19 epidemic has had a tremendous impact on all of Fresno, California, the United States, and globally; fear, decrease in mental wellness, and loss of economic security; and WHEREAS, Asian American communities are faced with discrimination due to the stigma of COVID-19 and xenophobia including harassment, physical assaults, bullying, denial of service at local businesses, racial slurs, and damage to property; and WHEREAS, since March 2020, Stop AAPI Hate, a national coalition aimed at addressing anti-Asian discrimination amid the pandemic and founded by the Asian Pacific Policy and Planning Council, Chinese for Affirmative Action, and San Francisco State University’s Asian American Studies Department, has documented 3,800 reports of anti - Asian hate incidents, with the vast majority of incidents (68%) reported by women; and WHEREAS, Asian American communities are concerned about their physical and mental wellness and seek a Fresno community of healing and recovery; and WHEREAS, the City of Fresno will not tolerate acts of aggression and harassment towards any communities including Asian American communities; and WHEREAS, the City of Fresno recognizes the COVID-19 pandemic does not discriminate and that all Fresnans are at risk of being infected by the virus; and WHEREAS, in March 2020, Saeng Bunsy was buying diapers at a Fresno store when a woman told her to “move out of my way” and then used a racial slur; and WHEREAS, on March 9, 2020, a Lao family’s car was vandalized with "[F -word], Asions [sic] and Coronyvirus [sic];" and WHEREAS, on January 18, 2021, a Hmong American man was physically assaulted while on his morning walk in Roeding Park. No money or belongings were 3 of 5 taken; and WHEREAS, on February 17, 2021, a Lao identified woman was threatened at the parking lot of Target at River Park, when a man pulled out his gun at her; and WHEREAS, countless other incidents have been shared with trusted community partners, but there are limited linguistically accessible and culturally responsive ways to report hate incidents to the City of Fresno; and WHEREAS, the targeted killings of six Asian women in Atlanta, Georgia, and the current events involving anti-Asian violence incite fear and a lack of safety in Asian communities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City of Fresno and supporting entities and community members, denounce the racial discrimination, white supremacy, and xenophobia towards Asian American residents and call on all communities to courageously work together towards healing and recovery. 2. The City of Fresno will look to address the disparity of leadership roles within all City departments, especially in Departments that have daily contact with the community including but not limited to Planning, Purchasing, Public Safety, and more. 3. The City of Fresno will work with community-based organizations in providing safe public spaces for our Asian community members, especially elders, women, and youth, that promote their physical and mental wellness, as well as healing in culturally responsive ways. 4 of 5 4. The City of Fresno will work with community-based organizations to address the systemic barriers to reporting Asian hate incidents through services like language - accessible hotlines and report data collected in categories disaggregated by ethnicity. 5. The City of Fresno will work with community-based organizations to support community-centered solutions that address public safety in culturally responsive ways for all communities. 6. In consultation with the Asian American collaborative, the City of Fresno will, within 120 days, commit to creating, funding, and staffing a liaison position to Asian American communities and community-based organizations in Fresno whose primary responsibilities will be to implement these commitments. 7. The liaison shall provide a semi-annual report to the Fresno City Council updating the public on the status of the desired outcomes listed in this resolution. 8. This resolution shall be effective upon final approval. * * * * * * * * * * * * * * 5 of 5 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Laurie Avedisian-Favini Date Assistant City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-437,Version:1 CLOSED SESSION ITEM April 8, 2021 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8; Property: APN 438-021-92T, 35T, 93T, and 60T, and 438-062-37T and 53T Negotiating Parties: City Manager, CVCSF. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-438,Version:1 CLOSED SESSION ITEM April 8, 2021 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069. City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-446,Version:1 CLOSED SESSION ITEM April 8, 2021 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-282-21T (Berkeley Building) Negotiating Parties: Executive Director Murphey, Noyan Frazier Capital, L.P. Under Negotiations: Price and terms of sale Sponsors:Executive Director, Fresno Revitalization Corporation City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-454,Version:1 CLOSED SESSION ITEM April 8, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: City of Fresno v. Shell Oil Company, et al. San Bernardino County Superior Court Case No.: SCVSS120627 (Public Utilities Department) City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-455,Version:1 CLOSED SESSION ITEM April 8, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Isiah Murrietta-Golding, et al. v. City of Fresno, et al. United States District Court Case No.: 1:18-CV-00332 (Police Department). City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-456,Version:1 CLOSED SESSION ITEM April 8, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Phil Sampson, et al. v. City of Fresno, et al. United States District Court Case No.: 1:20-CV-00322 (Police Department). City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-453,Version:1 CLOSED SESSION ITEM April 8, 2021 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Government Code Section 54957(b): consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2.Government Code Section 54957.6: conference with labor negotiator. City Negotiator: Council President Luis Chavez Unrepresented Employee: City Clerk City of Fresno Printed on 4/2/2021Page 1 of 1 powered by Legistar™