Campbell City Council
September 19, 2023

governing the relevant Project. Exhibit A, Form of Supplement, is attached hereto and incorporated herein. Each Supplement shall include the following information:
a. A description of the applicable Project scope of work; b. A maximum payment amount for the applicable Project scope of work; c. An indication of whether the various clauses attached hereto as Exhibits B-1 through B-7 shall apply to AGENCY’s implementation of the applicable Project scope of work; d. Any additional covenants, conditions, restrictions or reporting requirements that apply to the applicable Project scope of work or funding source MTC is providing to AGENCY; e. Identification of the MTC and AGENCY project managers for the applicable Project scope of work;
f. The estimated budget and payment milestones for the applicable Project scope of work; and
g. Any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.

Upon execution by MTC and AGENCY of such a Supplement, AGENCY shall assume the responsibility for implementing the applicable Project scope of work, and MTC will administer funding to AGENCY in accordance with this Agreement, the applicable Supplement, and any other documents incorporated by reference into such Supplement.

2.0 INTERAGENCY AGREEMENT ADMINISTRATION
The administration of this Agreement will be conducted by MTC staff. Day-to-day management of individual projects required under this Agreement is assigned to the appropriate Project Manager at AGENCY and Project Manager at MTC, as set forth in the applicable Supplement.

3.0 FUNDING
A. The total compensation to be paid to AGENCY under this Agreement shall be the sum of the amounts of compensation payable to AGENCY as set forth in each Supplement.

B. AGENCY and MTC jointly agree to exert their best efforts to manage each component of the Project in such a way that prevents costs from exceeding the estimated budget set forth in the applicable Supplement.

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Attachment: Draft Resolution (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) MTC/City of Campbell
Master Funding Agreement

C. Reimbursement of AGENCY travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non-representative employees)

4.0 TERM
This Agreement is in effect for the ten years following the Effective Date. This Agreement term may be extended by mutual written agreement.

5.0 PAYMENT
Contingent upon AGENCY’s satisfactory completion of work products or milestones, as applicable, required under the applicable Supplement, AGENCY shall submit invoices to MTC for that portion of the funds available to AGENCY that have been expended. This invoice will be in the format and provided no more frequently than prescribed by MTC in the applicable Supplement. In addition, all supporting documentation must accompany expenditures included on AGENCY invoices. Payment shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, which shall be subject to the review and approval of MTC’s Project Manager or a designated representative. Approval of an invoice shall not be unreasonably withheld. AGENCY should submit invoices electronically via email to MTC at [email protected] or deliver or mail invoices to MTC, as follows:

Attention: Accounting Section
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA, 94105

6.0 DELAYS AND FAILURE TO PERFORM
Whenever AGENCY encounters any difficulty that will delay timely performance of work, AGENCY shall notify MTC in writing. The parties agree to cooperate to work out a mutually satisfactory course of action.

If MTC determines that (a) AGENCY’s failure to complete a product on a timely basis is due to causes solely within AGENCY’s control; and/or (b) AGENCY has failed to consider MTC recommendations aimed at facilitating progress toward that product, MTC may impose such sanctions as it may determine appropriate. Sanctions may include withholding of commensurate payment due under this Agreement until compliance is achieved.

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Attachment: Draft Resolution (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) MTC/City of Campbell
Master Funding Agreement

7.0 AMENDMENTS
This Agreement or any Supplement hereto may be amended by mutual agreement of MTC and AGENCY at any time during the term of the Agreement. All such changes shall be incorporated in written amendments, which shall specify the changes in work performed and any adjustments in compensation and schedule. All amendments shall be executed by the authorized Executive or a designated representative of MTC and AGENCY and specifically identified as amendments to the Agreement. The MTC Project Manager is not a designated representative, for purposes of executing an amendment.

8.0 TERMINATION
Either party may terminate this Agreement, in whole or in part, at any time upon ninety (90) days’ written notice. In this event, AGENCY shall submit a requisition to MTC for an amount representing the actual cost of services performed up to the effective date of termination for which AGENCY has not been previously reimbursed. In no event shall the maximum expenditure allowed under this Agreement, as it may be adjusted by a written amendment signed by both parties, be exceeded. Upon payment of the amount found due, MTC shall be under no further obligation to AGENCY, monetarily or otherwise.

9.0 USE OF THIRD PARTY CONTRACTS
AGENCY may subcontract or subvene funds to local agencies, consultants or contractors for performance of portions of the work required under this Agreement, without the prior written consent of MTC, provided AGENCY complies with any other applicable requirements of this Agreement and the applicable Supplement hereto, and applicable federal and state requirements.

10.0 INDEMNIFICATION
AGENCY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, employees or agents, or subconsultants or any of them in connection with this Agreement.

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Master Funding Agreement

11.0 LAWS AND REGULATIONS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state and/or a local government, and of any agency thereof, including but not limited to the California Department of Transportation (Caltrans) Local Assistance Procedures Manual, as they exist at the time of execution of the Agreement and as they may be amended in the future, which relate to or in any manner affect the performance of this Agreement and any Supplements.

12.0 RECORDS
AGENCY agrees to establish and maintain an accounting system conforming to generally accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the Project(s) being funded for audit purposes for a minimum of: (a) three (3) years following final payment to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c) until completion of any litigation, claim or audit, whichever is longest.

13.0 AUDITS
AGENCY shall permit MTC and MTC’s authorized representatives to have access to AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the term of this Agreement and for the period specified in Article 12. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. Such permission shall extend to books, records, accounts, and any and all work products, materials, and other data relevant to this Agreement of the AGENCY’s contractors and subcontractors, if any. If applicable, should MTC request access to the construction site and related field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access as it deems reasonable and safe, subject to the rights of the property owner if such owner is not AGENCY.

AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subconsultant agrees that MTC or any of MTC’s duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subconsultant for the term specified above. “Subconsultant” is defined in Article 14.0 Subcontracts, below.

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Attachment: Draft Resolution (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) MTC/City of Campbell
Master Funding Agreement

14.0 SUBCONTRACTS
A. For purposes of this Agreement, “subconsultant” shall mean any consultant or contractor under contract with the AGENCY to perform Project work. Any subconsultants must be engaged under written contract with AGENCY with provisions allowing AGENCY to comply with all requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this Agreement shall be at the risk of AGENCY. MTC’s Project Manager shall be notified in writing of any substitution or addition of subconsultants.

For any Project funded by the Federal Transit Authority (FTA), Federal Highway Administration (FHWA) or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Caltrans from time to time, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC’s Project Manager. MTC shall not process payment of any invoice under the applicable Supplement relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with respect to its contract with such subconsultant.

B. Nothing contained in this Agreement or otherwise, shall create any contractual relation between MTC and any subconsultants, and no subcontract shall relieve AGENCY of his/her responsibilities and obligations hereunder. AGENCY agrees to be as fully responsible to MTC for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by AGENCY. AGENCY's obligation to pay its subconsultants is an independent obligation from MTC's obligation to make payments to AGENCY.

C. Applicable provisions of this Agreement shall be included in any subcontract or subconsultant agreement in excess of $25,000 entered into under of this Agreement.

15.0 PROHIBITED INTERESTS
No member, officer, employee or agent of MTC, during his/her tenure shall have any prohibited interest as defined by California Government Code Sections 1090, et seq., direct or indirect, in the Agreement or the proceeds thereof. Prohibited interests include interests of immediate family members, domestic partners, and their employers or prospective employers. Accordingly, AGENCY further covenants that it has made a complete disclosure to MTC of all facts of which AGENCY is aware upon due inquiry bearing upon any possible interest, direct or indirect, that it believes any member, officer, agent or employee of MTC (or an immediate family member, domestic partner or employer or prospective employer of such member, officer, agent or employee) presently has, or will have in the Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to make such disclosure, if any, shall constitute grounds for cancellation and termination hereof by MTC.

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Master Funding Agreement

16.0 ORGANIZATIONAL CONFLICTS OF INTEREST
AGENCY shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed by subconsultants or subcontractors under this Agreement. An organizational conflict of interest occurs when, due to other activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial assistance or advice to MTC or AGENCY; a firm or person’s objectivity in performing the contract work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for award of a contract as a result of information gained in performance of this or some other Agreement.

AGENCY shall not engage the services of any subconsultant or subcontractor on any work related to this Agreement if the subconsultant or subcontractor, or any employee of the subconsultant or subcontractor, has an actual or apparent organizational conflict of interest related to work or services contemplated under this Agreement.

If at any time during the term of this Agreement AGENCY becomes aware of an organizational conflict of interest in connection with the work performed by a subconsultant or subcontractor hereunder, AGENCY shall immediately provide MTC with written notice of the facts and circumstances giving rise to this organizational conflict of interest. AGENCY’s written notice will also describe alternatives for addressing or eliminating the organizational conflict of interest. If at any time during the period of performance of this Agreement, MTC becomes aware of an organizational conflict of interest in connection with performance of any work hereunder by a subconsultant or subcontractor, MTC shall similarly notify AGENCY. In the event a conflict is presented, whether disclosed by AGENCY or its subconsultant or subcontractor, or discovered by MTC, MTC will consider the conflict presented and any alternatives proposed and meet with AGENCY to determine an appropriate course of action.

MTC’s determination as to the manner in which to address the conflict shall be final.

Failure to comply with this section may subject AGENCY or its subconsultant or subcontractor to damages incurred by MTC in addressing organizational conflicts that arise out of work performed by such subconsultant or subcontractor, or to termination of this Agreement for breach.

17.0 CHOICE OF LAW
All questions pertaining to the validity and interpretation of the Agreement shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State.

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Master Funding Agreement

18.0 PARTIAL INVALIDITY
If any term or condition of this Agreement is found to be illegal or unenforceable, such term or condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full force and effect.

19.0 NO THIRD PARTY BENEFICIARIES
This Agreement is not for the benefit of any person or entity other than the parties.

20.0 ORDER OF PRECEDENCE
In the event of a conflict in the provisions of this Agreement, any Supplement hereto, or the Exhibits hereto incorporated by reference into such Supplement, the following order of priority shall be used in resolving such conflict: the applicable Supplement shall have first priority, then the Exhibits incorporated into such Supplement, then this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year first written above.

METROPOLITAN TRANSPORTATION

COMMISSION

CITY OF CAMPBELL

Andrew B. Fremier, Executive Director Brian Loventhal, City Manager

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EXHIBIT A

FORM OF SUPPLEMENT

SUPPLEMENT [insert number] TO MASTER FUNDING AGREEMENT

This Supplement No. ___ to Master Funding Agreement (“Supplement or “Agreement”) is entered into this ______day of _______, 20__, by and between the Metropolitan Transportation Commission (hereafter “MTC”) and [AGENCY] (hereafter “AGENCY”) and supplements the Master Funding Agreement, dated _______, 2017, by and between MTC and AGENCY.

Pursuant to this Supplement, MTC agrees to provide an amount not to exceed _________ dollars ($_______) in [describe funding source] to AGENCY to fund the [brief description of Project] (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.

MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement Project milestones or deliverables described in Annex II hereto.

The Supplement Project work will commence [date], and be completed no later than ________, 20__.

The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:

 Exhibit B-1, Additional Terms and Conditions (General), Paragraph A  Exhibit B-1, Additional Terms and Conditions (General), Paragraph B  Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses)  Exhibit B-3, Additional Terms and Conditions (State Required Clauses)  Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
 Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
 Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, RM3 and AB1171)
 Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)

[Insert any additional covenants, conditions, restrictions or reporting requirements that apply to the Supplement Project scope of work or funding source MTC is providing to AGENCY.]

[Describe/attach any MTC or AGENCY resolutions, authorizations or approvals, or any other key documents, relevant to the applicable Project scope of work or funding source MTC is providing to AGENCY.]

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Master Funding Agreement

The MTC Project Manager for the Supplement Project is [name, telephone, email]. The AGENCY Project Manager for the Supplement Project is [name, telephone, email].

This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.

Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.

METROPOLITAN TRANSPORTATION

COMMISSION
[AGENCY]

Andrew B. Fremier, Executive Director [Name/Title]

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EXHIBIT B-1

ADDITIONAL TERMS AND CONDITIONS (GENERAL)

A. INSURANCE REQUIREMENTS
AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to injuries to persons or damage to property or other losses that may arise in connection with the performance of work under such Supplement, and in effect at all times for the duration of such Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best’s Rating of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance requirements herein utilizing self-insurance providing equivalent coverage.

B. CLAIMS OR DISPUTES
Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee (“DRC”) be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC.

Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally.

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Master Funding Agreement

EXHIBIT B-2

ADDITIONAL TERMS AND CONDITIONS
(FEDERALLY REQUIRED CLAUSES)

1. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.

2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.

AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of the applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate.

3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21). For FTA-funded projects, AGENCY further agrees to comply with the current FTA Circular 4702.11B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” , the U.S.

DOT Order to Address Environmental Justice in Minority Populations and Low - Income Populations, and the U.S. DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficient (LEP) Persons.

4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.

5. STATE ENERGY CONSERVATION PLAN

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Master Funding Agreement

AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).

6. ALLOWABILITY OF COSTS
AGENCY shall comply with the cost principles (as applicable) in Office of Management and Budget (OMB) Circulars A-87, or A-122, or 48 Code of Federal Regulations Chapter 1 Part 31, or 49 Code of Federal Regulations Part 18, or in 2 Code of Federal Regulations Parts 200 and 1201, as applicable. In addition, all subcontracts must be in accordance with 2 Code of Federal Regulations Part 200, as applicable, MTC's funding agreement with DOT and any regulations, guidelines and circulars of DOT, applicable as a result of such funding agreement. Further, all subconsultants shall agree to comply with 48 Code of Federal Regulations, Chapter 1, Part 31.

7. LICENSE FOR FEDERAL GOVERNMENT PURPOSES
FTA/FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under the applicable Supplement; and (b) any rights of copyright to which MTC or AGENCY purchases ownership under the applicable Supplement.

8. IDENTIFICATION OF DOCUMENTS
All reports and other documents completed as part of the applicable Supplement shall carry the following notation on the front cover or title page:
"The preparation of this report has been financed in part by grants from the: [select appropriate agency] Federal Transit Administration/Federal Highway Administration, U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation."

9. AUDITS
AGENCY agrees to grant MTC, the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives access to AGENCY’s books, records, accounts, and any and all work products, materials, and other data relevant to the applicable Supplement, for the purpose of making an audit, examination, excerpt and transcription during the term of the applicable Supplement and for the period specified in Article 14. AGENCY shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that period of time. If, as a result of any audit, it is determined by the auditor that reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that represented and relied upon during price negotiations or represented as a basis for payment, AGENCY agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC.

AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as applicable, the Comptroller General of the United States, the State of California, and their authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subrecipient for the term specified above.

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Master Funding Agreement

10. FLY AMERICA REQUIREMENTS.

AGENCY agrees to comply with 49 U.S.C. 40118 (the “Fly America Act”) in accordance with the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S.

Government-financed international air travel and transportation of their personal effects or property to the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements, if used. AGENCY agrees to include the requirements of this Section in all subcontracts that may involve international air transportation.

11. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS.

A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA assisted project for which work is being performed under the applicable Supplement. In addition to other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on AGENCY to the extent the Federal Government deems appropriate.

B. AGENCY also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on AGENCY, to the extent the Federal Government deems appropriate.

C. AGENCY agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subconsultant who will be subject to the provisions.

12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
MTC and AGENCY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the applicable Supplement or this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to MTC, AGENCY or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from this Agreement.

13. DEBARMENT
This Article is only applicable if the applicable Supplement exceeds $25,000. AGENCY certifies that neither it, nor any of its participants, principals or subrecipients is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they are defined in 2 CFR Parts 180 and 1200, by any Federal agency or department.

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Master Funding Agreement

14. CLEAN AIR AND WATER POLLUTION ACTS
This Article is only applicable if the applicable Supplement exceeds $150,000. AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.),.

15. LOBBYING
This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.

Attachments:

Attachment A – Federally Required Certifications (AGENCY shall either provide these certifications to MTC or shall provide copies of such certifications AGENCY has independently made to the Federal Government.)

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Master Funding Agreement

EXHIBIT B-2

ATTACHMENT A

FEDERALLY REQUIRED CERTIFICATIONS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS

Instructions for Certification:

1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, MTC may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to MTC if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “lower tier covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact MTC for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by MTC.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration.

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8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, MTC may pursue available remedies including suspension and/or debarment.

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTION

(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its “principals” is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Date (signature of authorized official)

(type/print name and title)

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CERTIFICATION OF RESTRICTIONS ON LOBBYING

I, hereby certify on behalf of that:
(name and title of grantee
official)
(name of grantee)

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any 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 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 undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is 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.

Executed this day of , 20__

By:

(signature of authorized official)

(title of authorized official)

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EXHIBIT B-3

ADDITIONAL TERMS AND CONDITIONS
(STATE-REQUIRED CLAUSES)

1) Attachment A – Fair Employment Practices Addendum
2) Attachment B – Nondiscrimination Assurances
a. Appendix A – Clauses to be inserted in every agreement subject to the ACT, as defined in Attachment B of this Exhibit and REGULATIONS, also as defined in Attachment B.
b. Appendix B – To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein
c. Appendix C – To be included for subsequent transfer of real property acquired or improved under federal-aid Program
d. Appendix D – To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program 3) Attachment C – State Department of Transportation Requirements

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EXHIBIT B-3

ATTACHMENT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any employee 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 . AGENCY shall take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, 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.

AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 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 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full. Each of the AGENCY’S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements as appropriate.

3. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the applicable Supplement.

4. AGENCY shall permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of the applicable Supplement.

5. Remedies for Willful Violation:

(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.

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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate the applicable Supplement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY’s breach of the applicable Supplement.

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EXHIBIT B-3

ATTACHMENT B

NONDISCRIMINATION ASSURANCES

AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964” (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which AGENCY receives federal financial assistance from the Federal Department of Transportation. AGENCY HEREBY GIVES ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

1. That AGENCY agrees that each “program” and each “facility” as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements: AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein.

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5. That where AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the AGENCY with other parties:

Appendix C;

(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program; and

Appendix D;

(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates AGENCY or any transferee for the longer of the following periods:

(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or

(b) the period during which AGENCY retains ownership or possession of the property.

9. That AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that AGENCY, other recipients, sub-grantees, applicants, sub- applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. AGENCY shall take all necessary and

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reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of STATE assisted contracts. The California Department of Transportation Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies is incorporated by reference in the applicable Supplement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of the applicable Supplement. Upon notification to the recipient of its failure to carry out the Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)

THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

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APPENDIX A TO ATTACHMENT B

(Clauses to be inserted in every agreement subject to ACT and REGULATIONS)

During the performance of the applicable Supplement, AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows:

(1) Compliance with Regulations: AGENCY 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 the applicable Supplement.

(2) Nondiscrimination: AGENCY, 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. AGENCY 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) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by AGENCY 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 AGENCY of the AGENCY’s obligations under the applicable Supplement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY’s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts AGENCY has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of AGENCY’s noncompliance with the nondiscrimination provisions of the applicable Supplement, 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 AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or

(b) cancellation, termination or suspension of the Agreement, in whole or in part.

(6) Incorporation of Provisions: AGENCY 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.

AGENCY 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 AGENCY becomes involved in, or is threatened with,

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litigation with a sub-applicant or supplier as a result of such direction, AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

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APPENDIX B TO ATTACHMENT B
(To be included as covenant running with the land, in any deed affecting a transfer of real property, structures, or improvements thereon, or interest therein)

The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.

(GRANTING CLAUSE)

NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that AGENCY shall accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal- aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit “A” attached hereto and made a part hereof.

(HABENDUM CLAUSE)

TO HAVE AND TO HOLD said lands and interests therein unto AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on AGENCY, its successors arid assigns.

AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,

(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *

(2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and

(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the

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absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*

*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX C TO ATTACHMENT B

(To be included for subsequent transfer of real property acquired or improved under federal-aid Program)

The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Attachment I-2.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add ‘as covenant running with the land”) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

(Include in licenses, leases, permits, etc.)*

That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.

(Include in deeds)*

That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY and its assigns.

*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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APPENDIX D TO ATTACHMENT B
Appendix D – (To be included for the construction or use of or access to space on, over, or under real property acquired or improved under the federal-aid Program)

The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by AGENCY, pursuant to the provisions of Assurance 7 (b) of Attachment I-2.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add “as a covenant running with the land”) that:

(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;

(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and

(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.

(Include in licenses, leases, permits, etc.)*

That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.

(Include in deeds)*

That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY, and its assigns.

*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

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EXHIBIT B-3

ATTACHMENT C

STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS

Caltrans Non – Discrimination

A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY shall not, and shall affirmatively require that its contractors 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), medical condition (cancer), age, marital status, denial of family and medical care leave, and denial of pregnancy disability leave.

B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY shall comply, and ensure that its contractors and subcontractors and/or subrecipients shall comply, with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 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 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into the applicable Supplement by reference and made a part hereof as if set forth in full.

C. Each of AGENCY’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. AGENCY shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under the applicable Supplement.

D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made applicable to the applicable Supplement by this reference. Wherever the term “Contractor” appears therein, it shall mean AGENCY.

E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by STATE to investigate compliance with these non-discrimination provisions.

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EXHIBIT B-4

ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS

NON FEDERALLY FUNDED AGREEMENTS)

AGENCY’s contractor(s) and all subcontractors shall comply with applicable sections of the California Labor Code and regulations promulgated thereunder (including without limitation, Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.) governing the payment of prevailing wages, as determined by the Director of the California Department of Industrial Relations, in regards to work performed and/or funded under this Agreement. In particular, AGENCY’s attention is drawn to Labor Code Sections 1771 (payment of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5 (use of apprentices). AGENCY’s contractor(s) and all subcontractors, to the extent the work of such contractor(s) and subcontractors under this Agreement are subject to California Labor Code Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and shall furnish electronic certified payroll records directly to the Labor Commissioner through the internet portal of the Division of Labor Standards Enforcement. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records.

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EXHIBIT B-5

ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS

FEDERALLY FUNDED AGREEMENTS)

The Additional Federal Clauses Applicable to Public Works included in Attachment A, attached hereto and incorporated herein by this reference, and the Davis-Bacon prevailing wages apply to work performed and/or funded under the applicable Supplement. AGENCY agrees that AGENCY will require its contractor(s) and all subcontractors will pay the higher of (i) the applicable wage set forth in Federal Wage Determinations, and (ii) the applicable California prevailing rate. Certified payroll records in the form set forth in the Public Works Payroll Reporting Form, as found at https://www.dol.gov/whd/forms/wh347.pdf, shall be prepared or collected from its contractor(s) and all subconsultant(s) on a weekly basis by the AGENCY. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to request copies of the certified payroll records. MTC may withhold payment if the certified payrolls to be submitted by AGENCY pursuant to this Exhibit B-5, Prevailing Wage Rates, Apprenticeships, and Payroll Records, are not current.

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EXHIBIT B-5

ATTACHMENT A

ADDITIONAL FEDERAL CLAUSES APPLICABLE TO PUBLIC WORKS

1. Buy America

2. Davis-Bacon Act

3. Contract Work Hours and Safety Standards Act

4. Copeland Anti-Kickback Act

5. Prompt Payment of Funds Withheld to Subcontractors

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1. Buy America Requirements
The Buy America regulation at 49 C.F.R. § 661.13 requires notification of the Buy America requirements in a recipients’ bid or request for proposal for FTA funded contracts. Recipients can draw on the following language for inclusion in their federally funded procurements. Note that recipients are responsible for including the correct Buy America certification based on what they are acquiring. Recipients should not include both the rolling stock and steel, iron, or manufactured products certificates in the documents unless acquiring both in the same procurement.

Buy America
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. § 661.11.

The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.

In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured products, use the certifications below:

Certificate of Compliance with Buy America Requirements The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(1), and the applicable regulations in 49 C.F.R. part 661.

Date: _____________________________________________________________________ Signature: _________________________________________________________________ Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Certificate of Non-Compliance with Buy America Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. § 661.7.

Date: _____________________________________________________________________

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Signature: _________________________________________________________________ Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ In accordance with 49 C.F.R. § 661.12, for the procurement of rolling stock (including train control, communication, and traction power equipment) use the following certifications:

Certificate of Compliance with Buy America Rolling Stock Requirements

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 C.F.R. § 661.11.

Date: _____________________________________________________________________

Signature: ___________________________________________________________________

Company: ___________________________________________________________________

Name: ______________________________________________________________________

Title: ________________________________________________________________________

Certificate of Non-Compliance with Buy America Rolling Stock Requirements

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7.

Date: ________________________________________________________________________

Signature: ____________________________________________________________________

Company: ____________________________________________________________________

Name: _______________________________________________________________________

Title: _________________________________________________________________________

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2. DAVIS-BACON ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act.

Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall 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, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 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 Contractor is 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.

3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701; 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, 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 work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.

In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.

The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.

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The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement.

4. COPELAND ANTI-KICKBACK ACT
Compliance with Copeland Act requirements - The AGENCY’s contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The AGENCY’s prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating AGENCY’s prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.

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EXHIBIT B-6

ADDITIONAL TERMS AND CONDITIONS
(REGIONAL TOLL FUNDS INCLUDING RM1, RM2, RM3, AND AB 1171)

Recitals

WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq. created the Bay Area Toll Authority (“BATA”) which is a public instrumentality governed by the same board as that governing MTC; and

WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of the SHC shall be available to BATA for funding projects consistent with SHC Sections 30913 and 30914; and

WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and

WHEREAS, on November 8, 1988, voters approved Regional Measure 1 (“RM1”), which authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco Bay Area to fund various transportation projects within the region; and

WHEREAS, on March 2, 2004, voters approved Regional Measure 2 (“RM2”), increasing the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by $1.00 to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and

WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital projects and programs and transit operating assistance as eligible to receive RM2 funding as identified in SHC Section 30914(c) and (d). The funding amounts assigned to certain of the programs and projects were subsequently revised by MTC Resolution No. 3801; and

WHEREAS, to the extent the Project is receiving RM2 funding hereunder, SHC Section 30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and

WHEREAS, pursuant to MTC Resolution No. 3636, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated herein as Attachment D, MTC Resolution No. 3636; and

WHEREAS, on June 5, 2018, voters approved Regional Measure 3 (“RM3”), increasing the toll for all vehicles on the seven state -owned toll bridges in the San Francisco Bay Area by three successive $1.00 tolls (applied on January 1, 2019, January 1, 2022, and January 1, 2025) to fund various transportation projects within the region that have been determined to reduce congestion or to improve travel in the toll bridge corridors; and

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WHEREAS, RM3 established the Regional Measure 3 Expenditure Plan and listed specific capital projects and operating assistance programs as eligible to receive RM3 funding as identified in SHC Section 30914.7(a) and (c); and

WHEREAS, to the extent the Project is receiving RM3 funding hereunder, SHC Section 30914.7(a) lists the Project or SHC Section 30914.7(c) lists the operating assistance program to which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation project and designates AGENCY as project sponsor; and

WHEREAS, pursuant to MTC Resolution No. 4404, MTC established procedures whereby eligible transportation project sponsors may submit allocation requests for RM3 Bridge Toll funding. A copy of MTC Resolution No. 4404 is attached hereto and incorporated herein as Attachment E, MTC Resolution No. 4404; and

WHEREAS, AGENCY submitted one or more allocation requests for RM2, RM3, AB 1171, and/or RM1 funding for the Project to which this Exhibit B-6 applies. A copy of the applicable allocation request(s) as well as AGENCY’s resolution(s) approving the allocation request(s) are attached to the applicable Supplement and incorporated herein as Attachment A, Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and

WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated herein as Attachment C, MTC Resolution(s) Approving Project Request, MTC approved AGENCY’s request(s) for the applicable funds for the applicable Project.

I. AGENCY AGREES

A. AGENCY agrees to perform or caused to be performed the activities described in Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and support resources to complete the Project as described in Attachment A, AGENCY agrees to meet all conditions listed in Attachment C, MTC Resolution(s) Approving Project Request.

B. AGENCY shall provide MTC with annual progress reports throughout the term of this Agreement in accordance with the monitoring and reporting requirements specified in MTC Resolution No. 3636, Revised (if receiving RM2 funds) and/or MTC Resolution No. 4404 (if receiving RM3 funds).

C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30) days after the end of each period for which payment is sought covering costs for the Project activities accomplished through the end of such period, not covered by previously submitted invoices. Each invoice shall be supported by the following information: (i.) A brief narrative progress report of the activities accomplished during the invoice period, including the percentage of the contract complete and the percentage of funding expended; (ii.) the costs requested for reimbursement with RM1, RM2, RM3 and/or AB 1171 funds, as applicable; (iii.) the total costs expended for the invoice period broken down by type and source of funding; (iv.) the total RM1, RM2, RM3 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total

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costs expended for project name to date broken down by type and source of funding; and (vi.) any additional supporting data in a form and detail required by MTC.

D. AGENCY agrees to spend RM1, RM2, RM3 and/or AB 1171 funds, as applicable, at a rate not exceeding the schedule attached to the applicable Supplement and incorporated herein as Attachment F, Reimbursement Schedule.

E. AGENCY shall comply with and shall assure that any AGENCY contractor performing Project work with RM1, RM2, RM3 and/or AB 1171 funds, as applicable, received under this Agreement complies with MTC Resolution No. 3636, Revised (if receiving RM2 funds) and/or MTC Resolution No. 4404 (if receiving RM3 funds) , as well as the provisions of MTC’s RM2 Policies and Procedures contained in MTC Resolution No. 3636, Revised (if receiving RM2 funds) and/or MTC Resolution No. 4404 (if receiving RM3 funds) , relative to constructing, operating, and maintaining the Project. MTC may update Resolution No. 3636 or Resolution No. 4404 from time to time. The AGENCY agrees to comply with the most current Resolution that is approved at any given time.

F. AGENCY is responsible for completing the Project within cost, scope and schedule as described in Attachment A, Updated Initial Project Report, as it may be updated from time to time.

Any updates must be approved by AGENCY and MTC in writing before being incorporated into this Agreement.

G. AGENCY certifies that:
• The Project is consistent with the Regional Transportation Plan (“RTP”). • The Project is exempt from environmental review or a ll environmental permits or clearances necessary for the Project have been or will be obtained, and the year of Project funding for the construction phase of the Project has taken into consideration the time necessary to obtain permitting approval for the Project as an operable and useable segment. • The Project or portion thereof to be funded under this Agreement will be fully funded upon the execution of the applicable Supplement.
• AGENCY has reviewed the Project needs and has adequate internal staffing and support resources to deliver and complete the Project within the cost, scope, and schedule set forth in the Initial Project Report, as updated, attached to the applicable Supplement as Attachment A.
• If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 3434, Revised.
• If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution No. 4404.
• If applicable, AGENCY is authorized to submit an application for RM2 funds for the Project in accordance with SHC Section 30914(c).
• If applicable, AGENCY is authorized to submit an application for RM3 funds for the Project in accordance with SHC Section 30914.7(a) or 30914.7(c). • If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the Project in accordance with SHC Section 31010(b).
• The Project is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Sections l5000 et seq.), and

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if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the applicable regulations thereunder.
• There is no legal impediment to AGENCY making allocation requests for RM1, RM2, RM3 and/or AB 1171 funds, as applicable.
• There is no pending or threatened litigation which might in any way adversely affect the Project or the ability of AGENCY to deliver such Project. • For bus operators, AGENCY has submitted a copy of the California Highway Patrol (CHP) certification, which was issued within the last 13 months indicating compliance with California Vehicle Code §1808.1 and Public Utility Code §99251 (CHP "pull notice system and periodic reports").
• For ferry operators, AGENCY certifies that it is current on all inspections and certifications required by federal and state agencies.
• If RM3 funding was received in the prior year, AGENCY has included the RM3 costs and revenues in its general fiscal audit for that year. AGENCY also assures that it will include the RM3 costs and revenues in its general fiscal audit for the year in which funds are requested.

H. In addition to AGENCY’s commitment under Article 10, INDEMNIFICATION, of the Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its Commissioners, representatives, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM1, RM2, RM3 and/or AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.

I. If any revenues or profits from any non-governmental use of the Project are collected by AGENCY, those revenues or profits shall be used exclusively for the public transportation services for which the Project was initially approved, either for capital improvements or maintenance and operational costs, otherwise MTC is entitled to a proportionate share equal to MTC’s percentage participation in the Project. MTC’s percentage participation shall equal the amount of funds allocated to Project, divided by the total Project budget as shown in Attachment E, Reimbursement Schedule, as updated from time to time, as such amount may be adjusted to reflect total project costs.

J. Project assets purchased by AGENCY with RM1, RM2, RM3 and/or AB 1171 funds, as applicable, including facilities and equipment, shall be used for the intended public transportation uses and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for their useful life, MTC shall be entitled to a present day value refund or credit (at MTC’s option) based on MTC’s share of the fair market value of the facilities and equipment at the time the public transportation uses ceased, which sum shall be paid back to MTC in the same proportion that RM1, RM2, RM3 and/or AB 1171 funds, as applicable, were originally used.

K. AGENCY shall post on both ends of the Project construction site(s), unless prohibited by the site owner if such owner is not the AGENCY, at least two

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signs visible to the public stating that the Project is funded with RM1, RM2, RM3 and/or AB 1171 funds, as applicable.

L. AGENCY’s City Manager, General Manager, Executive Director, Chief Executive Officer, or equivalent officer, or designee, is delegated the authority to make non-substantive changes or minor amendments to the initial project report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of this Agreement applies.

M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised (if receiving RM2 funds) and/or MTC Resolution No. 4404 (if receiving RM3 funds) , and the MTC Resolutions set forth in Attachment C, MTC Resolution(s) Approving Project Request.

II. MTC AGREES

A. MTC agrees to provide AGENCY with RM1, RM2 , RM3 and/or AB 1171 funds, as applicable, within the allocation amounts in Attachment C, MTC Resolution(s) Approving Project Request and as restated in the relevant Supplement for the purpose of funding the Project as described in Attachment A.

The entire funding amount is available for reimbursement based on the schedule included in Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable, MTC agrees to support AGENCY’s allocation request from the State according to the Allocation Request Schedule provided in Attachment G to the applicable Supplement.

In the event AGENCY does not use all RM1, RM2, RM3 and/or AB 1171 funds, as applicable, made available in a given fiscal year, those unused amounts will be available for reimbursement in subsequent year(s) for the duration of this Agreement. However, RM3 Operating Program funds will be made available for reimbursement in the subsequent year(s) where allowed by law or otherwise authorized by the Commission.

III. IT IS MUTUALLY AGREED

A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure event, including but not limited to any earthquake, flood or other natural disaster, any epidemic, blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged economic conditions affecting the ability of the Bay Area Toll Authority to make payments to bond holders who shall in all circumstances have priority to payment of funds, if such event (i) irrecoverably disrupts or renders impossible AGENCY’s performance hereunder; or (ii) disrupts MTC’s ability to make payments hereunder. If MTC so terminates the applicable Supplement, AGENCY will be entitled to payment for non-recoverable Project costs incurred prior to the date of such termination, including but not limited to any amounts AGENCY owes to the owner of the Project construction sites, if such owner is not AGENCY, up to the maximum amount payable under this Agreement.

B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement, MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be effected by serving a sixty (60) day advance written notice of termination on AGENCY, setting

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forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or describe to MTC’s satisfaction a plan for curing the breach within the sixty (60) day period, MTC may terminate this Agreement or the applicable Supplement for cause. In the event of such termination for cause, AGENCY will be entitled only to those costs incurred for already completed Project work, not to exceed the maximum amount payable under this Agreement for such Project work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred for work causing or contributing to the default.

C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any reason, AGENCY shall repay MTC any RM1, RM2, RM3 and/or AB 1171 funds, as applicable, expended that exceed MTC’s proportionate share of eligible costs for the Project.

D. Upon completion of the Project, AGENCY will properly account for all Project costs incurred.

E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance with Policies and Procedures in MTC Resolution No. 3636, Revised (if receiving RM2 funds) or MTC Resolution No. 4404 (if receiving RM3 funds) , or on the termination date, if any, set forth in the Supplement, whichever is sooner.

F. The terms and conditions of this Agreement include the following and each is incorporated by reference herein as if fully set forth herein.

Attachment A – Updated Initial Project Report (Allocation Request) Attachment B – AGENCY Resolution(s) (and opinion of counsel, if applicable) Attachment C – MTC Resolution(s) Approving Project Request(s) Attachment D – MTC Resolution No. 3636, Revised
Attachment E – MTC Resolution No. 4404
Attachment F – Reimbursement Schedule
Attachment G – Allocation Request Schedule

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EXHIBIT B-7

ADDITIONAL TERMS AND CONDITIONS
(REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ)

1. TERMINATION
Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC may terminate this Agreement without cause upon ten (10) days prior written notice. If MTC terminates this Agreement without cause, AGENCY shall be entitled to payment for costs incurred for incomplete deliverables, up to the maximum amount payable for each deliverable.

If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement for cause by written notice and AGENCY shall be entitled only to costs incurred for work product acceptable to MTC, not to exceed the maximum amount payable under this Agreement for such work product.

2. RETENTION OF RECORDS
AGENCY agrees to establish and maintain an accounting system confirming to GAAP that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs.

AGENCY further agrees to keep all records pertaining to the project being funded for audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer, in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any, performed during the course of Project development and at Project completion shall be forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close.

3. AUDITS
Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, and their authorized representatives access to AGENCY’s books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection during normal business hours at any time while the Project is underway and for the retention period specified in Article 4.

AGENCY further agrees to include in all its third-party contracts hereunder a provision to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA, the Comptroller General of the United States, the State, or any of their duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, during normal business hours, for the term specified above. The term “contract” as used in this clause excludes agreements not exceeding $25,000.

4. LICENSE TO WORK PRODUCTS
AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty-free license to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, materials, data,

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and products (“Work Products”) developed, prepared, or assembled by AGENCY or AGENCY’s consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses to Work Products through sublicenses to a third party, without the approval of AGENCY or AGENCY’s consultant(s) or subconsultants. FHWA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which AGENCY or AGENCY’s consultant(s) or subconsultants purchase ownership under this Agreement.

5. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for FTA-funded projects, AGENCY agrees that it shall not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.

6. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities.

AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out these requirements is a material breach of contract, which may result in the termination of this agreement or such other remedy as MTC deems appropriate.

7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder (49 CFR Part 21).

8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations.

9. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6321).

10. DEBARMENT
AGENCY certifies that neither it, nor any of its participants, principals or subcontractors is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

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excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal agency or department.

11. CLEAN AIR AND WATER POLLUTION ACTS
AGENCY agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).

12. LOBBYING
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.

13. INDEMNIFICATION
Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers, agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of such act or omission, and to pay and satisfy any resulting judgments.

14. COMPLIANCE WITH LAWS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state, or local government, and any agency thereof, including, but not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”), and are herein incorporated by this reference and made a part hereof.

AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31, Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall comply with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14 California Code of Regulators Section 15000 et seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder.

15. IDENTIFICATION OF DOCUMENTS

AGENCY shall ensure that all reports and other documents completed as part of this Agreement shall carry the following notation on the front cover or title page:

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“The preparation of this report has been financed in part by grants from the U.S.

Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation.”

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SUPPLEMENT NO. 1 TO MASTER FUNDING AGREEMENT
Between the METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF CAMPBELL
For HAMILTON AVENUE PRECISE PLAN

This Supplement No. 1 to the Master Funding Agreement (“Supplement” or “Agreement”) is entered into this ___________, by and between the Metropolitan Transportation Commission (“MTC”) and the City of Campbell (“AGENCY”) and supplements the Master Funding Agreement, dated __________, by and between MTC and AGENCY.

Pursuant to this Supplement, MTC agrees to provide/reimburse an amount not to exceed four- hundred thousand dollars ($400,000) in federal/ non-federal [identify funding source] to AGENCY to fund the Project Title (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.

The Supplement Project work will commence on _________ and be completed no later than _________. All payment requests shall be submitted by the completion date.

The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:

☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph A ☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph B ☒ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) ☐ Exhibit B-3, Additional Terms and Conditions (State Required Clauses) ☐ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
☐ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
☐ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, RM3 and AB1171)
☒ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)

Funding for this project was authorized by the Metropolitan Transportation Commission at its June 28th 2023 Commission Meeting through Resolution No(s) 4202, Revised; 4505, Revised; and/or 4540, Revised, (see Attachment B-1), attached to this document as Attachment A.

The MTC Project Manager for the Supplement Project is________ (name), __________(phone), ___________ (email). The AGENCY Project Manager for the Supplement Project is Community Development Director Rob Eastwood, 408-866-2141, [email protected].

This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.

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Supplement No. 1 – Hamilton Avenue Precise Plan

Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.

METROPOLITAN TRANSPORTATION

COMMISSION
AGENCY

Andrew B. Fremier, Executive Director Brian Loventhal, City Manager

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Supplement No. 1 – Hamilton Avenue Precise Plan

Annex I
Project Description and Scope of Work

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Annex II
Project Schedule, Budget and Payment

FIRM-FIXED PAYMENT

Payment to AGENCY shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Attachment A:

Budget amounts may be reallocated between line items at the discretion of the MTC Project Manager in consultation with the AGENCY.

AGENCY shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thirty (30) days after MTC's acceptance of such deliverable/milestone.

# Deliverable Due Date: Amount Due
1 2
3 0
TOTAL

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REQUEST FOR PROPOSALS

Hamilton Avenue Precise Plan

September 20, 2023

City of Campbell
Community Development Department
70 N. First Street
Campbell, CA 95008

Key Details
Response Deadline: October 20, 2023
Project Funding: $400,000
Initial Contract Term: 24-months (2-years)

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Table of Contents

Overview ............................................................................................................................................. 3 Preliminary Scope of Work ................................................................................................................. 4 Project Approach ............................................................................................................................. 4 Staff Coordination ........................................................................................................................... 4 Meeting Attendance ......................................................................................................................... 4 Key Deliverables ............................................................................................................................. 5 Tasks ................................................................................................................................................ 5 Project Funding.................................................................................................................................... 9 Desired Qualifications ......................................................................................................................... 9 Submittal Information........................................................................................................................ 10 Minimum Eligibility Requirements ............................................................................................... 10 Submittal Requirements ................................................................................................................ 10 Submittal Deadline and Instructions.............................................................................................. 11 Consultant Selection Process ............................................................................................................. 13 Short List Selection Process ...................................................................................................... 13 Finalists Invited for Interview ................................................................................................... 13 Selection Criteria ....................................................................................................................... 13 Rights to Submitted Materials ........................................................................................................... 15 Grounds for Disqualification ............................................................................................................. 15 Additional Information ...................................................................................................................... 15 Project Schedule ................................................................................................................................ 16 Term of Contract ................................................................................................................................ 17 Extension of Contract ........................................................................................................................ 17 Insurance Requirements .................................................................................................................... 17

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Overview
The City of Campbell is a city in Santa Clara County with an area of 6 square-miles and a population of approximately 43,000 residents.

On April 18, 2023, the City of Campbell adopted the 2040 General Plan. The General Plan identifies the community’s vision for the future and provides a framework that will guide decisions on growth, development, and conservation of open space and resources in a manner that is consistent with the quality of life desired by the city's residents and businesses.

As part of the General Plan, Goal LU-9 was included to facilitate the transition of Hamilton Avenue area into a vibrant, transit -oriented, mixed -use district with safe and convenient multi-modal connectivity, which an action to implement this goal through the preparation and adoption of a Precise Plan for the Hamilton Avenue area (see Hamilton Avenue Precise Plan Overview) as follows:

o LU-9.a: Prepare and adopt a Precise Plan for the Hamilton Avenue area shown on Figure LU-2.

Figure LU-2: (Source: City of Campbell 2040 General Plan)

To undertake this effort, the city seeks to hire a consultant , or consultant team, that is experienced with the preparation of Area Plans, Specific Plans, or Precise Plans, with a focus on community engagement, urban design, transportation improvements, financial analysis, fee studies, review of environmental impacts, writing reports, and presenting options, methodology, and recommendations to stakeholders and decision-makers. In performing these services, adherence to the requirements of the PDA grant funding, ability to accurately assess and appropriately assign costs associated with future capital improvements, and complete services by April 2025 as outlined in the preliminary scope of work, shall be essential.

Note: T he City is separately working to develop a Nexus Study for Affordable Housing and Commercial Linkage Fees . Coordination between both efforts , accounting for key research and conclusions, should be anticipated as part of the project scope.

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Preliminary Scope of Work

The following preliminary scope of work is presented as an initial outline to help the consultants gauge the minimum level of work requested and to submit a realistic project proposal. If the consultant identifies opportunities to improve the required scope of work leading to improved outcome(s), the consultant is encouraged to submit proposals for alternative options.

Project Approach
• Determine if the preliminary scope of work includes the steps necessary to meet the Minium Requirements outlined in the Priority Development Area (PDA) Planning Grants : 2022-2023 Call for Projects as broadly described in the ‘Overview’. You are encouraged to include additional steps and options so long as it may result in an improved outcome and/or align with Minimum Requirements outlined in the 2022-2023 Call for Projects. • Review the preliminary project schedule and amend it, if it is determined that a revised schedule may achieve an improved and/or faster outcome.

Staff Coordination
• Facilitate bi-weekly conference calls (~30 min between the City and Consultant Project Manager).

Project Management
• Should subconsultants be utilized, the prime consultant shall manage and review the subconsultant work product prior to City staff review.

Meeting Attendance
• Attend one (1) kick-off meeting with staff.
• Plan to facilitate five (5) stakeholder and/or advisory group meetings. • Prepare to actively participate , preparing and presenting reports, in four (4) Planning Commission meetings.
• Prepare to actively participate , preparing and presenting reports, in five (5) City Council meetings.
• Optional Meetings. The consultant shall plan to attend, present, and prepare materials for up to two (2) additional meetings of each type (excepting the kick -off meeting with staff) as an optional task. The cost for each meeting should be priced individually.

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Key Deliverables
• Kick-Off Meeting Agenda
• Community/Stakeholder Outreach and Engagement Plan
• Stakeholder Engagement/Workshop Materials
• Existing Conditions Report, SWOT Analysis, and Community Assessment • Staff Report(s) and Presentations for Public Hearings • Hamilton Avenue Precise Plan Drafts
• Amended Codes and Relevant Right of Way Standards
• Capital Improvement Plan and Nexus Study Drafts
• Capital Improvement Plan and Fee Schedule
• Environmental Analysis and Documentation in compliance with CEQA (ex. Supplemental EIR) • Hamilton Avenue Precise Plan

Note: All work products noted shall be provided in native (i.e., InDesign, Word) and PDF format.

Tasks

A. Project Kick Off. Consultant will prepare a meeting agenda and attend a kickoff meeting with City staff to discuss expectations, general goals, resources, and schedule for the project. ✓ Deliverable: Kick-Off Meeting Agenda
✓ Deliverable: Detailed meeting notes (to follow meeting) B. Community Outreach Plan Preparation . Following the project kick -off meeting, consultant shall schedule a meeting with City staff to discuss the approach to stakeholder engagement/participation including potential creation of a standing advisory body. ✓ Deliverable: Community/Stakeholder Outreach and Engagement Plan C. Attend & Present at City Council Meeting #1. Consultant will attend and present an overview of the workplan, community outreach plan, and solicit feedback on the potential creation of a standing advisory body and initial scope of work and project schedule. ✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role.

D. Facilitate Community Meeting. Consultant will facilitate a community meeting which will serve to:

1. Educate stakeholders on the purpose, project scope, and properties to be included in the area plan based on initial direction and feedback from the City Council.

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2. Solicit feedback from the stakeholders (e.g., affordable housing developers, developers, property owners, business owners, residents) on the plan. ✓ Deliverable: Attend and facilitate Community Meeting and prepare related presentation/informational materials
✓ Deliverable: Meeting summary
E. Existing Conditions Repor t, SWOT Analysis, and Community Assessment. Following the project kick-off meeting, the consultant shall prepare a report summarizing existing conditions and applicable policies affecting Hamilton Avenue Precise Plan boundary. The consultant shall also conduct a SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis and Community Assessment of the planning area and surrounding communities, both as unique places and as locations within the greater Bay Area and surrounding subregion, to inform the Plan. The assessment shall address equity, affordable housing and jobs, mobility, community assets and infrastructure, and resilience and climate adaptation.
• Deliverable: Existing Conditions Report, SWOT Analysis, and Community Assessment F. Establish Advisory Group and Facilitate Advisory Group Meeting #1. Consultant will establish an advisory group, and facilitate an advisory group meeting which will serve to:

1. Solicit feedback from an advisory group on key aspects of the plan and which may include select members from the Bicycle and Pedestrian Advisory Committee, VTA, MTC, and/or Caltrans staff (on transportation improvements), Civic Improvement Commission (on potential gateway policies and design of the public realm), and/or Economic Development Plan advisory panel.
✓ Deliverable: Advisory group roster
✓ Deliverable: Attend and facilitate Advisory Group Meeting and prepare related presentation/informational materials
✓ Deliverable: Meeting summary
G. Attend & Present at Planning Commission Meeting #1 . Consultant will attend and present findings of the Existing Conditions Report, SWOT Analysis, and Community Assessment at a meeting with the Planning Commission.
✓ Deliverable: Attendance, preparation of presentation, and public speaking role H. Attend & Present at City Council Meeting # 2. Consultant will attend and present findings of the Existing Conditions Report, SWOT Analysis, and Community Assessment at a meeting with the City Council.
✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role.

I. Prepare Public Review Draft of Hamilton Avenue Precise Plan . Consultant will prepare a Public Review Draft of the Hamilton Avenue Precise Plan , with policy alternatives, based on feedback collected to date and staff input.

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✓ Deliverable: Public Draft of the Hamilton Avenue Precise Plan, with policy alternatives, incorporating staff changes and refinement.

J. Prepare Draft Amendments to Codes and Relevant Right -of-Way Standards . Consultant will work with staff to prepare amendments to codes and relevant Right -of-Way Standards to facilitate implementation of the plan.
✓ Deliverable: Draft Amended Codes and Relevant Right of Way Standards K. Prepare Draft Capital Improvement Plan and Nexus Study . Consultant will work with staff to identify capital improvements and begin work to prepare a financial analysis / funding strategy / nexus study that will be used to appropriately assign fees for identified improvements. ✓ Deliverable: Draft of the Capital Improvement Plan and Nexus Study L. Facilitate Advisory Group Meeting #2. Consultant will participate in an advisory group meeting which will serve to solicit feedback on key aspects of the plan. ✓ Deliverable: Attend and facilitate Advisory Group Meeting and prepare related presentation/informational materials
✓ Deliverable: Meeting summary
M. Attend & Present at Planning Commission Meeting #2. Consultant will attend and present the Public Draft of the Hamilton Avenue Precise Plan and Draft Capital Improvement Plan and Nexus Study with the Planning Commission.
✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role N. Attend & Present at City Council Meeting # 3. Consultant will attend and present the Public Draft of the Hamilton Avenue Precise Plan and Draft Capital Improvement Plan and Nexus Study with the City Council.
✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role O. Prepare Second Public Review Draft of Hamilton Avenue Precise Plan . Consultant will prepare a Second Public Review Draft of the Hamilton Avenue Precise Plan accounting for feedback to date.
✓ Deliverable: Second Public Review Draft of the Hamilton Avenue Precise Plan.

P. Prepare Environmental Assessment of the Second Public Review Draft of Hamilton Avenue Precise Plan. Consultant will prepare an Initial Environmental Assessment scoping the impacts of the Second Public Review Draft of the Hamilton Avenue Precise Plan. While the exact CEQA compliance documentation necessary is to be determined, the scope of work should conservatively plan for the preparation of a Supplement to the Environmental Impact Report (EIR) adopted on April 18, 2023, with the City’s 2040 General Plan.
✓ Deliverable: Initial Environmental Assessment

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Q. Facilitate Advisory Group Meeting #3. Consultant will participate in an advisory group meeting which will serve to solicit feedback on key aspects of the plan. ✓ Deliverable: Attend and facilitate Advisory Group Meeting and prepare related presentation/informational materials
✓ Deliverable: Meeting summary
R. Attend & Present at Planning Commission Meeting #3. Consultant will attend and present the and present the Second Public Review Draft of the Hamilton Avenue Precise Plan and Initial Environmental Assessment with the Planning Commission.
✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role S. Attend & Present at City Council Meeting # 4. Consultant will attend and present the Second Public Review Draft of the Hamilton Avenue Precise Plan and Initial Environmental Assessment with the City Council
✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role T. Prepare Final Draft of Hamilton Avenue Precise Plan . Consultant will prepare a Final Draft of the Hamilton Avenue Precise Plan accounting for feedback to date. ✓ Deliverable: Final Draft of the Hamilton Avenue Precise Plan.

U. Finalize Amendments to Codes and Relevant Right of Way Standards. Consultant will work with staff to finalize required code sections and relevant right of way standards. ✓ Deliverable: Amended Codes and Relevant Right of Way Standards V. Finalize Capital Improvement Plan and Nexus Study . Consultant will work with staff to finalize capital improvements and establish fees for identified improvements. ✓ Deliverable: Final Capital Improvement Plan and Fee Schedule W. Finalize Environmental Review . Consultant will work with staff to finalize environmental compliance documentation.
✓ Deliverable: Final Environmental Document
X. Facilitate Advisory Group Meeting #4. Consultant will participate in an advisory group meeting which will serve to solicit feedback on key aspects of the plan. ✓ Deliverable: Attend and facilitate Advisory Group Meeting and prepare related presentation/informational materials
✓ Deliverable: Meeting summary
Y. Facilitate Planning Commission Meeting # 5. Consultant will participate in a Planning Commission meeting seeking a recommendation for adoption of the Hamilton Avenue Precise Plan and related code amendments.
✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role

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Z. Facilitate Council Meeting # 5. Consultant will participate in a Council Meeting seeking adoption of the Hamilton Avenue Precise Plan , Capital Improvement Plan and Fee Schedule, Environmental Compliance Documentation, and related code amendments. While a second Council meeting will be required (second reading), consultant attendance will not be required. ✓ Deliverable: Attendance, preparation of report and presentation, and public speaking role ✓ Deliverable: Final adopted versions of materials, following Council action

Project Funding

• Cost proposals that stay within the City’s allocated $400,000 for the scope of work are preferred.

Desired Qualifications
The ideal consultant, or consultant team, would include the following disciplines and attributes:
• Experience in plan preparation and environmental analysis : The consultant should have experience in preparing area, specific, and/or precise plans , and CEQA compliance documentation, ideally in the same state and region where the study will be conducted. • Expertise in urban design: The consultant should have experience in preparing objective design standards for the development of private property and the public realm in an urban setting. • Expertise in transportation network analysis and multimodal planning: The consultant should have experience in analyzing transportation network s, coordinating improvement plans with Caltrans and/or Regional Planning Agencies (such as the Metropolitan Planning Commission) and Regional Transportation Planning efforts, such as Plan Bay Area 2050. • Expertise in financial analysis and u nderstanding of market conditions : The consultant should have expertise in preparing nexus studies and related financial analysis, as well as a knowledge of local market conditions, including housing demand, supply, and affordability, as well as the economic landscape of the area.
• Expertise in quantitative analysis : The consultant should have expertise in conducting quantitative analysis, including data collection, modeling, and statistical analysis with strong attention to detail and accuracy.
• Collaboration skills: The consultant should have strong collaboration skills, as they will need to work with local stakeholders, including policymakers, housing advocates, developers, and community members.
• Communication skills: The consultant should have excellent communication skills and be able to present complex data and analysis in a clear and understandable way to a variety of audiences. • Flexibility and adaptability: The consultant should be able to adapt to changing circumstances and be flexible in their approach to the study as new information becomes available.

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• Ethical standards : The consultant should adhere to the highest ethical standards and be committed to producing a fair and unbiased study that serves the best interests of the community.

Submittal Information
Minimum Eligibility Requirements

Eligible consultants, or consultant teams, shall be those with experience in preparing Area Plans, Specific Plans, or Precise Plans and supporting Environmental Documentation (overseeing subconsultants for such work as necessary) , public outreach, and Financial and Transportation Network Analysis, consistent with the major components of this Request for Proposals. Experience preparing such materials for governmental jurisdictions in California is highly desired.

Submittal Requirements

Proposals must contain the following information listed in the following order:

1. Cover Letter. Please include a cover letter stating project interest which includes:
• A statement describing why your firm is qualified to complete the project and perform the work required in a responsive manner.
• A description of the anticipated interaction between consultant and City. • Identification of the project manager and main point of contact.

2. Review of Preliminary Scope of Work. Review the preliminary scope of work and provide comments, suggested modifications, changes and/or additions as appropriate.

3. Review of Preliminary Project Schedule. Review the preliminary project schedule and provide comments, suggested modifications, changes and/or additions as appropriate. Indicate resources that will be allocated to each major task to meet this schedule and discuss your firm’s flexibility and r ecord in “catching up” if milestone dates are not met. Discuss your firm’s commitments to other projects in the time frame coinciding with this project.

4. Qualifications and Capabilities . Provide a detailed discussion of the qualifications and experience of the Project Manager that would be assigned to this project. Provide additional information regarding the qualifications and experience of all others that will be assigned to work on the project team. Please submit resumes of only those individuals that will actually be assigned to work on the project. Indicate how your firm’s resources will work together to complete this project. An organizational chart is recommended.

5. Subconsultants. Identify any subconsultants your firm will utilize to complete this project.

Briefly describe your firm’s past experience, working relationship and involvement in joint projects with these subconsultants. Provide additional information regarding the qualifications

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and experience of all others that will be assigned to work on the project team. Please submit resumes of only those individuals that will actually be assigned to work on the project.

6. Related Project Experienc e. Describe your firm’s Project Manager’s past performance on similar projects, including coordinating the work of subconsultants. Provide locations, description of work, work samples or links to samples, completion dates, and value of contracts.

Address your firm’s record of meeting schedules and controlling costs. Provide an explanation gauging how successful implementation of the referenced project experience has been in realizing the municipality’s goals.

7. Sample Products. Gaining an understanding of the products prepared by the consulting firm is important for the evaluation committee. Please provide PDF files on a memory stick (or internet links) to no more than three comparable documents prepared by the consulting firm.

8. Project Team Consistency. Explain how you can guarantee that the project team members will be accessible and able to complete the project without change.

9. References. Include names, email addresses and phone numbers for a minimum of three (3) references where you prepared similar products.

10. Fee Estimate. Submit a fee estimate for each task outlined in the prelimin ary Scope of Work.

Provide a breakdown of the fee for each task showing the estimated hours of each project staff member assigned to the task and the associated fee for that project staff member or subconsultant. Also provide hourly rate schedules for all key project staff, includ ing subconsultants.

11. Insurance Coverage. Identify carriers, A.M. Best ratings, types and limits of insurance carried by your firm. Provide a statement verifying that your firm meets or will meet the insurance requirements.

12. Comments on or Requested Changes to Contract : The City’s standard Consultant Services Agreement is included as Attachment 1 to this Request for Proposals. The proposing firm shall identify any objections to and/or request changes to the standard contract language in this section.

13. Additional Information. Please provide a list of contracts/agreements terminated for convenience or default within the past three years, if any. List any litigation that now affects or may affect in the future the firm’s ability to perform.

Submittal Deadline and Instructions

The submittal should be prepared in 8 ½” x 11” page format using a 12-point font size for the text .

PDF files on a memory stick (or internet links) must also be submitted . Please do not submit information that must be returned.

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Proposals must be received no later than 5:00 p.m., October 20, 2023. A digital and hard copy must be delivered to the City Clerk’s Office as follows:

Hard copy must be delivered to:

City Clerk’s Office
City of Campbell
70 N. First Street,
Campbell, California 95008

Digital copy must be emailed to:

[email protected]

Questions related to the Request for Proposals (RFP) must be submitted in writing and/or via email to Stephen Rose; [email protected].

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Consultant Selection Process

Short List Selection Process

A review committee will evaluate all responses to the Request for Proposals that meet the submittal requirements and the submittal deadline. Those submittals that do not meet the submittal requirements or the deadline will not be considered.

A preliminary ranking of consultant firms will be developed based on a review of each respective applicant’s Proposal. Based on this ranking, a short list of consultants will be established, and contacted in writing for interviews.

Finalists Invited for Interview

One interview with each of the top-ranking firms will be held to establish the fina l ranking.

Approximately twenty (20) minutes will be allowed for presentations and no more than thirty (30) minutes for questions by the selection group. The consultant’s proposed Project Manager must lead the presentation.

1. A selection group of city staff / decision makers will evaluate the finalists.

2. Presentations should focus on the consultant’s initial ideas for addressing the scope of work .

Other factors that sh ould be discussed include the project team’s relevant experience, project approach, philosophy, and decision -making processes. The selection team may ask questions related to the proposed coordination and communication between the City and consultant and the consultant’s ability to complete projects on time and on budget.

3. Final ranking of consultants will be based on the submitted proposal, the interview, and the results of reference checks. The City will proceed with negotiating a contract with the highest -ranked consultant. If the City and the consultant cannot reach agreement in the negotiation, the City will terminate negotiation and, at its option, negotiate with the next highest ranked consultant.

4. Upon completion of negotiations, City staff will recommend approval of the agreement to the City Council. Once the City Council approves the recommended contract, the City Manager will proceed with executing the formal contract.

Selection Criteria

The following selection criteria will be used to rank both the Proposal and interview of the finalists.

1. Responsiveness to the issues identified in the RFP.

2. Familiarity with the challenges presented by the project.

3. Technical skills and expertise of the firm and their ability to manage a team of subconsultants to produce a complete and coordinated set of documents required by this project.

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4. Relevant experience and demonstrated ability to complete a similar project in difficult communities.

5. Proven ability to complete all phases of a project within the budget and aggressive work schedule established by past clients.

6. Reputation for personal and professional integrity and competence, and key personnel’s professional background, caliber and availability for this project.

7. Qualifications and experience of proposed subconsultants identified for this project.

8. Experience of lead consultant and subconsultant working together as a team (if applicable).

9. Familiarity with and proximity to the City of Campbell.

10. Review of firm’s current, and projected workload in the time frame coinciding with this project.

11. Ability to communicate clearly and concisely.

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Rights to Submitted Materials

All proposals and related correspondence, reports, charges, schedules, exhibits and other documentation submitted with the proposal will become the property of the City and a matter of public record. All documents submitted in response to this RFP will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions to these disclosure requirements. Any information that a prospective Consultant considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked "CONFIDENTIAL; NOT PUBLIC RECORDS."

During the selection process, the City will keep such information confidential and will not disclose it except as may be required under applicable law, including the California Public Records Act. This means that, depending on the nature or timing of the r equest, or future court decisions, that information may not remain private and may be publicly disclosed. Budgets and cost proposals submitted by proposers shall not be considered confidential or proprietary and may be subject to disclosure.

Grounds for Disqualification

City staff and officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the Agency, or proposing to do business with the city. The offering of any gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Proponents and Selected Consultant should not offer any gifts or souvenirs, even of minimal value, to City officers or employees.

Additional Information

The City reserves the right to accept or reject any or all Request for Proposals, or to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any defects in the Request for Proposals. T he City also reserves the right to accept or reject any individual subconsultant that a candidate proposes to use. This RFP and the interview process shall in no way be deemed to create a binding contract or agreement of any kind between the City and the candidate. The City’s standard form of consultant agreement will form the basis of the contract between the parties.

Each candidate submitting a proposal acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel expenses are at the candidate’s sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the candidate. In addition, each candidate acknowledges and agrees that all documentation and/or materials submitted with the RFP shall remain the property of the City.

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Project Schedule
The project schedule has been conceptually prepared to conduct meetings, and public hearing opportunities that will allow sufficient opportunity to conduct a public involved planning process. 19-Sep.-23 City Council Meeting Approving Request for Proposals 20-Sep.-23 Release of Request for Proposals
20-Oct.-23 Submittal Deadline
Nov.-23 Consultant Interview/Selection/Contract (14-days)2 Winter -23 City Council Meeting to award contract
Start of Consultant Services
Early
Spring
2024
Task A: Project Kick-Off Meeting
Task B: Community Outreach Plan Preparation
Task C: City Council Meeting #1
Late
Spring
2024
Task D: Facilitate Community Meeting
Task D: City Council Meeting #1
Task E: Existing Conditions Report, SWOT Analysis, and Community Assessment Task F: Establish Advisory Group and Facilitate Advisory Group Meeting #1 Task G: Planning Commission Meeting #1
Summer
2024
Task H: City Council Meeting #2
Task I: Prepare Public Review Draft of Hamilton Avenue Precise Plan Task J: Prepare Draft Amendments to Codes and Relevant Right-of-Way Standards Task K: Prepare Draft Capital Improvement Plan and Nexus Study Task L: Advisory Group Meeting #2
Fall 2024
Task M: Planning Commission Meeting #2
Task N: City Council Meeting #3
Task O: Prepare Second Public Review Draft of Hamilton Avenue Precise Plan Winter
2024
Task P: Prepare Initial Environmental Assessment
Task Q: Advisory Group Meeting #3
Task R: Planning Commission Meeting #3
Spring
2025
Task S: City Council Meeting #4
Task T: Prepare Final Draft of Hamilton Avenue Precise Plan Task U: Finalize Amendments to Codes and Right of Way Standards Task V: Finalize Capital Improvement Plan and Nexus Study Task W: Finalize Environmental Review
Task X: Advisory Group Meeting #4
Task Y: Planning Commission Meeting #5
Task Z: City Council Meeting #5

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Term of Contract

The initial contract term shall commence upon execution of the contract by the City and shall be for a twenty-four (24) month term.

Extension of Contract

At the end of the initial twenty-four (24) month term, the City of Campbell, at its sole discretion may elect to extend the contract for two (2) additional six-month terms. The City may extend the contract for a total of one year, pending additional services are requested by the City and satisfactory performance under the original contract.

Insurance Requirements

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to properties, which may arise from, or in connection with, the performance of the work hereunder by the CONSULTANT, his agen ts, representatives, employees, or sub-consultants. The cost of such insurance shall be included in the CONSULTANT’s fee.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/96) covering Commercial General Liability and Insurance Services Office form number GL 0404 covering Broad Form Commercial General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001), including X, C, U (explosion, collapse, underground).

2. Insurance Services Office form number CA 0001 (Ed. 12/93) covering Automobile Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025.

Coverage also to include code 8 “hired autos” and code 9 “non owned” autos.

3. Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’s profession.

B. Minimum Limits of Insurance

CONSULTANT shall maintain limits no less than:

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1. Commercial General Liability: $ 2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Errors and Omissions Liability: $1,000,000 per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles of self-insured retentions must be declared to, and approved by, the CITY.

At the options of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officials, employees, agents, and contractors; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the CITY.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages

a. The CITY, its officials, employees, agents, and contractors are to be covered as an additional insureds as respects: liability arising out of activities performed by, or on behalf of, CONSULTANT; products and completed operations of the CONSULTANT; prem ises owned, leased, or used by the CONSULTANT; or automobiles owned, leased, hired, or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officials, employees, agents, and contractors.

b. The CONSULTANT’s insurance coverage shall be the primary insurance as respects the CITY, its officials, employees, agents, and contractors. Any insurance or self - insurance maintained by the CITY, its officials, employees, agents, or contractors shall be excess of the CONSULTANT’s insurance shall not contribute with it.

c. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the CITY, its officials, employees, agents, or contractors.

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d. Coverage shall state that CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s ability.

2. All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the CITY.

E. Acceptability of Insurers

Without limiting Consultant's indemnification provided hereunder, Consultant shall take out and maintain at all times during the life of this contract, up to the date of acceptance of the work by the City, the policies of insurance listed in Article 9.2 of this Agreement. Insurance is to be issued by an issuer with a current A.M. Best Rating of A:VII and be authorized to transact business in the State of California, unless otherwise approved by the City.

F. Verification of Coverage

CONSULTANT shall furnish the CITY with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Copies of all the required ENDORSEMENTS shall be attached to the CERTIFICATE OF INSURANCE, which shall be provided by the CONSULTANT’s insurance company as evidence of the stipulated coverages. This proof of insurance shall then be mailed to:

CITY OF CAMPBELL
Community Development Department
70 North First Street
Campbell, CA 95008-1423

G. Subconsultants

CONSULTANT shall include all subconsultants as insureds under its policies or shall obtain separate certificates and endorsements for each subconsultant.

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ATTACHMENT 1

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the ________ day of ________, 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and ________ (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain a service provider to provide ________ from persons specially trained, experienced and competent to perform the special services required for a cost not to exceed $400,000; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to provide, evaluate and keep detailed records throughout the duration of the contract agreement;

NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services1, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.

1.4 In performance of this Agreement by Consultant, time will be of the essence.

1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects under similar circumstances.

1 Scope of Services, project schedule and consultant fee schedule to be included in Exhibit A following consultant selection.

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1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project manager for Consultant shall be ________. The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator. The auth orized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accompl ishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordanc e with the requirements of this Agreement.

Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agree ment that an employee, agent or others under Consultant’s supervision or control was misclassified.

1.12 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.

2. DUTIES OF CITY

2.1 City shall furnish to Consultant all available and pertinent data and information requested by Consultant to facilitate the preparation of the documents called for in this Agreement.

Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, provided that Consultant shall provide City prompt writte n notice of any known defects in such

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data and information.

2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.

2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $________, as follows:

a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant f or services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.

b. Direct costs are those outside costs incurred on or directly for the project and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in th is Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City.

Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any rates

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that exceed the rates for set forth in the fee schedule found in Exhibit A.

3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, th e provisions of this section apply.

4. SUBCONSULTANTS

4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Consultant shall be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents’ representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS

All original drawings, documents, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project -related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project - related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City.

Any and all project -related documents and materials including draft documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein or applicable laws. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s

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right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 14 calendar days prior to an effective termination date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the differ ence between the prices set for th in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consu ltant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement.

No other compensation will be payable for anticipated profit on unperformed services.

7. AUDIT AND INSPECTION

Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY

Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or

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any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employmen t opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the consultant under this paragraph shall not exceed the consultant proportionate percentage of fault, except:

a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the consultant shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and

b. Where a project-specific general liability policy ensures all project participants for general liability exposures on a primary basis and also covers all consultant for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the consultant 's duty to provide a defense and cover the City's cost of defense.

With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every na ture, including attorneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.

In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

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The defense and indemnity provisions obligations of this Agreement are undertaken in addition to and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third - parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:

A. Types of Coverage

The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions

B. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and

3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.

C. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily,

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personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (as agreed to in this Agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention

Any deductibles or self -insured retention must be declared to and approved by the City and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as resp ects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self- insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:

a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proce eds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional

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insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.

b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers.

Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers sha ll be excess of the Consultant's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.

d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.

3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.

F. Suspension or Cancellation

If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

G. Subcontractors

Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner

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and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work and will provide proof of compliance to the City.

H. Acceptability of Insurers

Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage

Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

J. Special Risks/Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

10. MISCELLANEOUS

10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.

10.2 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement.

10.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements,

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promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a two (2) year period, unless terminated sooner in accordance with the contract.

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it a cquire any financial or business interest that would conflict with the performance of services under this agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.

10.11 City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the

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CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

10.12 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinde r or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is preven ted or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.

10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements

10.15 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

10.17 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.

10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.

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11. NOTICES

Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008

CONSULTANT: _________________________________
Attention: _________________________

[SIGNATURES ON FOLLOWING PAGE]

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CONSULTANT CITY OF CAMPBELL

By By ____________________________________

Title Title ________________________________

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HAMILTON AVENUE
Prepared by: Planning Division
Version Date: September 1, 2023

PRECISE PLAN OVERVIEW

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HAMILTON AVENUE

PRECISE PLAN OVERVIEW

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TABLE OF CONTENTS

Table of Contents ................................................................................................................................................ i Executive Summary ................................................................................................................................... 2 Purpose ............................................................................................................................................................ 2 Overview .......................................................................................................................................................... 2 Plan Objectives ......................................................................................................................................... 3 Precise Plan Area ...................................................................................................................................... 4 Planning Boundary .......................................................................................................................................... 4 OPPORTUNITIES ........................................................................................................................................ 6 Infrastructure Improvements .......................................................................................................................... 6 Redevelopment of Vacant commercial properties .......................................................................................... 7 Conclusions ............................................................................................................................................... 9

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EXECUTIVE SUMMARY
Hamilton Avenue Precise Plan - Overview 2

EXECUTIVE SUMMARY

PURPOSE

The purpose of this document is to provide a broad overview of the intended purpose, objectives, and boundar y of the Hamilton Avenue Precise Plan identified as a priority in the City of Campbell’s adopted 2040 General Plan.

As the City of Campbell is seeking the support of a consultant, or consultant team, to develop the Hamilton Avenue Precise Plan, this document also serves to provide critical information to parties that may wish to better understand the City’s proposal.

OVERVIEW

The Hamilton Avenue Precise Plan, once developed, would help facilitate the redevelopment of a commercial corridor with transit-oriented mixed-use development which would be well served by the underutilized, above grade, Hamilton Avenue Light Rail Station.

One major issue the plan would intend to resolve is to identify a better way to connect residents and businesses located west of Highway 17 to the Hamilton Avenue Light Rail Station . As the planning area overlaps with both the City’s Priority Development Area (PDA) as well as Transit -Rich Areas identified by the Plan Bay Area 2050 Growth Geographies and has been identified as a prime location for housing opportunities, the development of a Precise Plan for the area is critical to realizing both local and regional planning objectives.

While the plan would not directly result in the transportation improvements, which are critical to connect the area, it would help establish preliminary designs and cost-estimates which may be used to assess development impact fees. Understanding the City’s General Plan and Housing Element envision significant housing and commercial development in the area, adopting a plan is essential to ensure desired policy outcomes and meet community needs.

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PLAN OBJECTIVES
Hamilton Avenue Precise Plan - Overview 3

PLAN OBJECTIVES

The Hamilton Avenue Precise Plan would focus on achieving the following objectives:

• Redevelopment of commercial properties identified as housing opportunity sites in Campbell’s 2023-2031 Housing Element (e.g., former Fry’s Electronics and Elephant Bar) under a ‘Transit-Oriented Mixed-Use’ land use designation which will support a range of housing options.

• Preliminary design and cost-estimation of connectivity and infrastructure enhancements, such as a pedestrian bridge, to provide safer east-west connectivity across Highway 17 to Hamilton Light Rail Station for bicycles and pedestrians.

• Identification of urban design enhancements in association with new development, recognizing the Hamilton / Highway 17 interchange as a key gateway to the City.

• Nexus study and establishment of development impact fees for projects within the plan area to support the construction of planned connectivity enhancements and design improvements.

• Environmental Analysis (conservatively a Supplement to the Environmental Impact Report adopted April 18, 2023) evaluating future development and improvements in the Precise Plan area.

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PRECISE PLAN AREA
Hamilton Avenue Precise Plan - Overview 4

PRECISE PLAN AREA

PLANNING BOUNDARY
The Hamilton Avenue Precise Plan planning boundary extends along the Hamilton Avenue corridor, east and west of the Highway 17 interchange (see Figure 1) with the objective of identifying new transportation improvements that would support future development in this area.

Figure 1 – Hamilton Avenue Precise Plan Boundary

Within this planning boundary area, the City has identified nine (9) housing opportunity sites which would support several thousand new housing units.

Of these new units , the majority would be located east of Highway 17 presenting access and safety concerns for existing and future residents.

Figure 2 – Housing Opportunity Sites

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PRECISE PLAN AREA
Hamilton Avenue Precise Plan - Overview 5

In addition to serving housing opportunity sites identified as part of Campbell’s Plan for Housing (2023- 2031 Housing Element) the Hamilton Precise Plan would also serve to develop the City’s Priority Development Area (PDA) as well as Transit -Rich Areas identified by the Plan Bay Area 2050 Growth Geographies as illustrated by Figure 3 below.

Figure 3 – Campbell Priority Development Area (Yellow) & Transit Rich-Areas (Purple)

Note: The priority development area indicated in Figure 3 above is outdated.

On September 5, 2023, the City Council established the Hamilton Avenue Precise Plan area as its own Priority Development Area, and separately, amended the boundaries of the existing PDA to align with existing area plan boundaries.

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OPPORTUNITIES
Hamilton Avenue Precise Plan - Overview 6

OPPORTUNITIES

INFRASTRUCTURE IMPROVEMENTS

As previously noted, a primary objective of the Hamilton Avenue Precise Plan will be to provide enhanced connectively across H ighway

17. Currently, pedestrians and cyclists share a narrow concrete pathway that extends over 800- feet ( two-football fields ) along a six -lane arterial roadway and must cross in front of oncoming traffic at key Highway 17 on/off ramps.

To resolve this challenge, the Hamilton Avenue Precise Plan will explore the development of a pedestrian/cyclist bridge that would provide a safer and enhanced access across Highway 17.

Figure 4 – Highway 17 Pedestrian/Cyclist Crossing

Figure 5 – Potential Location of a Pedestrian/Cyclist Bridge

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OPPORTUNITIES
Hamilton Avenue Precise Plan - Overview 7

Figure 6 – Pedestrian/Cyclist Highway 17 On-Ramp Crossing

Figure 7 – Pedestrian/Cyclist Highway 17 On-Ramp Crossing

REDEVELOPMENT OF VACANT COMMERCIAL PROPERTIES
Another major opportunity presented by the plan is to help facilitate the redevelopment of vacant commercial properties including the former Fry’s Electronics and former Elephant Bar which have been vacant for several years to facilitate new transit-oriented mixed-use development.

Figure 8 – Vacant Fry’s Electronics (600 E. Hamilton Avenue)

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OPPORTUNITIES
Hamilton Avenue Precise Plan - Overview 8

Figure 9 – Vacant Elephant Bar (499 E. Hamilton Avenue)

The redevelopment of these two housing opportunity properties could result in up to 639 new housing units in the immediate term . The plan would establish standards to promote the development Transit- Oriented Mixed-Use land use activities in the area which support a range of housing options that would promote transit ridership.

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CONCLUSIONS
Hamilton Avenue Precise Plan - Overview 9

CONCLUSIONS

The Hamilton Avenue Precise Plan presents a unique opportunity for the City of Campbell to provide enhanced connectivity to the Hamilton Light Rail Station at a time when transformative change is coming to the community. The development of this plan will serve to connect communities separated by a Highway and help support transit-oriented development consistent with local and regional planning efforts.

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APPLICANT GUIDE
This guide is intended to assist applicants for Priority Development Area (PDA) Planning Grants. After reviewing this guide, applicants should complete the PDA Planning Grant Application checklist before submitting an Application electronically through the PDA Call for Projects application site by Friday, February 23, 2023 at 11:59 PM.

Eligible Applicants: Local governments with land use authority over a Priority Development Area (PDA) included in Plan Bay Area 2050.

Eligible Activities and Maximum Grant Awards:

1. Plans: Specific, Precise, or similar Plan that meets the minimum program requirements shown in Attachment A. Maximum grant award: $1.2 million.

2. Plan Amendments: Amendments to an adopted Plan, including one or both of the following:
o Amending one or more section of the Plan, making any required zoning and general plan amendments, and completing any supplemental environmental analysis needed as a result of the amendment.
o Add one or more sections to the Plan to meet the requirements identified in Attachment A, or to address an emerging issue critical to the Plan area, and making any required zoning and general plan amendments, as well as any supplemental environmental analysis required to minimize project-specific review.

Maximum grant award: $600,000.

3. Plan Implementation: Technical Assistance to develop and adopt policies or programs that facilitate the implementation of an adopted Plan; may be applicable to two or more PDAs.

Maximum grant award: $200,000
Total Anticipated Funding: $15 million. The share of this total allocated to the three grant categories will be determined by the volume and quality of applications. An additional $8 million is anticipated to be available in the second half of 2023 through a subsequent Call for Projects.

Priorities: Pr iority activities for this round of PDA Planning grants include, but are not limited to:
- Full Plan for an unplanned PDA that meets the minimum requirements of Attachment A. - Plan Amendments for PDAs seeking to revise existing plans to exceed the requirements of MTC’s Transit-Oriented Communities Policy, or to implement a Housing Element Update (especially to complete necessary rezoning). Combined with the contents of previously adopted Plans, Plan Amendments must result in Plans that meet the minimum requirements shown in Attachment A.
- Innovative Plan Implementation activities capable of delivering as a “proof of concept” for PDAs across the Bay Area.

All activities will be assessed based upon anticipated resulting increase in affordable housing production and preservation, overall housing production, and transit ridership, and decrease in in vehicle miles travelled. Detailed screening and evaluation criteria are shown in Attachment B.

How to Apply: Complete the steps identified on the application checklist on the following page, then submit an application electronically no later than Thursday, February 23, 2023 at 11:59 PM.

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APPLICATION CHECKLIST
☐ Review Minimum Requirements & Evaluation Criteria (Attachments A and B) ☐ Develop a Preliminary Scope of Work and Budget
(see Attachment C for a template, or click here for a standalone template) ☐ Identify sources and amounts of committed or anticipated funding ☐ Brief City Council or Board of Supervisors (Attachment D provides a briefing template and resources to document support)
☐ Document local support for application:
☐ Council or Board of Supervisors action authorizing, or supporting, grant proposal (recommended; see template language); or

☐ Plan is identified as a Housing Element Program and/or included in an adopted Budget or Work Plan, and an Information item has been presented to the Planning Commission, City Council or Board of Supervisors (see template staff report and presentation)
☐ Fill out Online Application
☐ Upload all attachments
☐ Scope of Work
☐ Evidence of City Council or Board of Supervisors Support ☐ Submit Online Application
MTC’s Transit Oriented Communities Policy
Grant-funded plans will be subject to the Transit-Oriented Communities (TOC) Policy if applicable to the plan area. Adopted by MTC in October 2022, the TOC Policy establishes minimum standards for density, parking, and circulation in areas within a half mile of fixed- guideway transit stops. To identify the relevant standards applicable to your PDA, review this webmap. PDAs that are not shown on the map (i.e., PDAs to which the TOC Policy does not apply) are encouraged, but not required, to opt in to the TOC policy by meeting the Tier 4 standards outlined in the TOC Policy.

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ATTACHMENT A: MINIMUM REQUIREMENTS
Purpose of this document. This document defines the minimum requirements for Priority Development Area (PDA) Planning Grants. In addition to the requirements shown here, grant- funded plans must also comply with MTC’s Transit-Oriented Communities (TOC) Policy where applicable.

I. Requirements. PDA Planning grants must include, or refer to previously adopted plans or policies for the planning area that include: (a) a Plan; (b) amendments to zoning, general plans, and other relevant policies and processes to achieve consistency with the plan; (c) an environmental document; (d) community assessment; and (e) community engagement. (a) Plan: Specific, Precise, or similar plan including, at a minimum, the following content, which is described in greater detail in Appendix A1:
1 (1) Vision: Overview of the Plan written in Plain Language including the structure and intended outcomes of the Plan, a summary of the area’s history and planning process, and future actions to advance the Plan.
(2) Development Standards: Objectively verifiable standards applicable to proposed development projects in the Plan area. Standards should be quantitative and presented concisely in text, tables, and diagrams, and must establish a diagram of districts to which standards apply and specify permitted uses, share of required affordable housing, parking, building design, site design, and project approval process. (3) Public Realm Standards: Objectively verifiable standards applicable to improvements to existing public rights-of-way and to the design of new public rights-of way and public spaces. Public realm standards must include right of way design standards, a circulation network diagram to which the right of way design standards apply, public space design standards, and a public space network diagram to which these standards apply. (4) Community and Equity: Policies to integrate equity and inclusion into the development projects and public works associated with the Plan, including, at a minimum, affirmatively furthering fair housing, ensuring equal access to people of all physical and mental abilities, addressing climate impacts on vulnerable populations, and equity metrics for development projects and public works. (5) Capital Improvements: Description and location of projects that will be carried out by the local jurisdiction or special districts responsible for public works in the Plan area, including improvements to the public right-of-way, public facilities, infrastructure, publicly accessible open space, and the preparation of publicly-owned land for redevelopment.
(6) Implementation: Defined set of actions and investments with associated dates, responsible parties, and cost estimates. At a minimum, the implementation plan must address design and construction of capital improvements, policy updates not adopted concurrently with the Plan, and a transparent process for ongoing tracking and reporting.

1 Plan organization, such as chapter titles and order, may diverge from that shown below, but must in its totality meet the requirements.

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(b) Amendments. Amendments to relevant sections of the local jurisdiction’s code of ordinances, as well as any other regulatory or planning polices, necessary to achieve consistency with the contents of the Plan, including zoning, General Plan, and any relevant public right-of-way design standards or development review standards. (c) Environmental Document. Environmental analysis and, if necessary, mitigations sufficient to eliminate the need for project-specific review of development proposals consistent with the Plan. Typically, this involves completing a programmatic EIR for the Plan area, though other approaches that eliminate the need for project-specific review are acceptable. Grants may not be used to fund analysis of CEQA Environmental Factors that are eligible for exemption under state law, including transportation impacts. (d) Community Assessment. Assessment of the planning area and surrounding communities, both as unique places and as locations within the greater Bay Area and surrounding subregion, to inform the Plan. Assessments must address equity, affordable housing and jobs, mobility, community assets and infrastructure, and resilience and climate adaptation. (e) Community Engagement. Engagement throughout the planning process that elicits meaningful input from a full range of community members living within and nearby the planning area. Engagement efforts must ensure participation of residents of all incomes, races and ethnic backgrounds, employees of local businesses, community- and faith-based organizations, and staff from public agencies providing services in the area.

II. Exemptions from Requirements. Grantees may partially or fully satisfy the (a) Plan or (c) Environmental Document with plans, policies, or environmental documents adopted in the past 10 years. Grantees may partially or fully satisfy the (d) Community Assessment through studies completed in the past 5 years, such as analysis included in updates to Housing and other General Plan Elements.

Which Requirements Apply to my Grant?
√ Full Plan: All requirements, except that (c) Environmental Document can be limited only to analyses required to address increased development capacity if a programmatic EIR has already been certified for the Plan area.
√ Plan Amendment: Requirements not already fulfilled by the Plan that will be amended. √ Partial plan: Requirements not already fulfilled in another plan or EIR.

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APPENDIX A1: Detailed Guidance for Grant-funded Plans
All Plans funded through the Priority Development Area program must include or refer to previously adopted plans or policies for the planning area that include, the sections below. The specific structure is based upon best practices established through the PDA Planning Program and is intended to guide staff and consultants. Plan organization, such as chapter titles and order, may diverge from that shown below, but must in its totality meet the requirements. Plans that include areas affected by MTC’s Transit-Oriented Communities (TOC) Policy shall comply with
applicable standards from that Policy. To identify if any of the Plan area is affected by the TOC Policy, see this map.
(1) Vision: Overview of the Plan written in Plain Language that includes:
(A) Intended outcomes
(B) Summary of the area’s history
(C) Summary of planning process
(D) Explanation of plan structure
(E) Summary of implementation actions and timeline
(2) Development Standards: Objectively verifiable standards applicable to proposed development projects in the Plan area that establish:
(A) Applicability
(B) Districts: land use districts into which the development standards are organized (C) Use: Permitted, conditionally permitted, prohibited, and, if applicable, required, uses (D) Affordable Housing:
o Minimum share of deed-restricted affordable housing units for developments that include residential floorspace
o Any linkage fee for non-residential development
(E) Parking:
2 o Maximum permitted automobile parking spaces
o Minimum required bicycle parking spaces
o Shared parking standards
o Requirement to “unbundle” parking from rent or sale price of housing (F) Building Design:3

2TOC Policy may apply to maximum parking allowances
3 TOC Policy may apply to permitted density resulting from building standards How to use this Appendix
- When applying for a PDA Planning Grant: Understand requirements, develop grant request content and amount; Communicate grant expectations to colleagues and elected officials - When developing a detailed scope of work: Use as starting point for scope and/or to ensure plan scope addresses grant requirements

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o Minimum and maximum total building height, floor-to-floor height, and floor depth;
o Permitted encroachments;
o Maximum distance between entrances along public rights-of-way; o Façade composition, including maximum distance between vertical elements; and
o Any contextual requirements for rear or side property lines abutting existing residences.
(G) Site Design: Maximum distance between public rights-of-way; Maximum setbacks from property lines; Required stormwater treatment; Minimum distance between automobile and loading access points; and Prioritization of locations for automobile and loading access.
(H) Project Approval Process: Submission instructions, required review, criteria for exemptions from review, applicable fees, criteria for fee reductions or exemptions, and any applicable review or fees from external agencies.

Where applicable, development standards must comply with MTC’s Transit-Oriented
Communities Policy.
(3) Public Realm Standards: Objectively verifiable standards applicable to improvements to existing public rights-of-way and to the design of new public-rights-of way and public spaces that include:
(A) Circulation network diagram(s): Map(s) illustrating:
i. The location of existing and future public rights-of-way, distinguished by category and indicating user priority;
ii. Location of existing and future transit stops; and
iii. Any Rights-of-way that are included in the regional Active Transportation
Network.
(B) Right of Way design:4 Dimensioned plans, cross-sections, and tables for each category illustrated on the Circulation network diagram, including o Minimum and maximum width and function of vehicle travel lanes; o Minimum sidewalk and planting zone widths;
o Minimum and maximum distance between street trees;
o Maximum distance between light fixtures intended to illuminate pedestrian areas; and
o Maximum distance between protected pedestrian crossings. (C) Public space network diagram: map illustrating the general location of existing and future publicly accessible spaces that are outside of the Right of Way, such as parks and plazas. Public spaces can be organized by category, or refer to specific

4 MTC’s Complete Streets Policy may apply

13.d
Packet Pg. 248
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACHMENT A1: Detailed Guidance
(D) Public space design: Table Standards including maximum distance between access points and desired or required features.
(4) Community and Equity: Policies to integrate equity and inclusion into the development projects and public works associated with the Plan, including:
(A) Affirmatively furthering fair housing,
(B) Ensuring equal access to people of all physical and mental abilities, (C) Addressing climate impacts on vulnerable populations, and (D) Equity metrics for development projects and public works (5) Capital Improvements: Map and table of projects that will be carried out by the local jurisdiction or special districts responsible for public works in the Plan area, including:
(A) Public right-of-way
(B) Public facilities
(C) Infrastructure
(D) Publicly accessible open space
(6) Implementation: Actions and investments to implement the Plan, including capital improvements and programs identified in the Plan. For each action and investment, the following should be specified:
(A) Milestones and Dates
(B) Responsible parties
(C) Estimated cost, committed funding, and anticipated funding sources (D) Ongoing tracking and reporting process.

13.d
Packet Pg. 249
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT B: Evaluation Criteria
ATTACHMENT B: EVALUATION CRITERIA

Screening Criteria. Eligible projects must meet all the following criteria:

1. Plan Area. Geographic area included in project encompasses entirety of one or more PDA, or the portion(s) of the PDA not included in the project are addressed in an adopted plan or in-progress plan.

2. Complete Plan. Proposed project includes all required sections for grant-funded plans (see Attachment A), or the required sections not included in the proposed project have been addressed, or will be addressed, in a related planning process.

3. City Council or Board of Supervisors Support. One of the following: a) Resolution from City Council or Board of Supervisors authorizing, or indicating support for, the application (recommended); or b) Project is identified as a Housing Element Program or in an adopted Budget and staff has presented the grant application as an information item to the Planning Commission, City Council, or Board of Supervisors.

4. Housing Element. The jurisdiction must have an adopted 6th Cycle Housing Element certified as in substantial compliance with state law by the California Department of Housing and Community Development by December 31, 2023. If the jurisdiction does not have a certified 6th Cycle Housing Element by the time of award, then any award will be conditional subject to satisfaction of the December 31, 2023 certification deadline. Failure to meet the December 31, 2023 certification deadline may result in revocation of the grant award.

Evaluation Criteria. Proposals that meet all screening criteria will be evaluated using the following criteria:

1. Program Priorities (up to 40 points)
 Plan for unplanned PDA established prior to 2019
 Plan amendment to establish policies that exceed the requirements of MTC’s Transit-Oriented Communities Policy
 Located in Equity Priority Community
 Council or Board of Supervisors Resolution authorizing application

2. Housing Protection, Preservation, and Production (15 points)  Anticipated new homes resulting from plan
 Anticipated increase in deed-restricted affordable homes resulting from plan, supported by current or new policies, programs, and investments applicable to the planning area  Policies, programs, and investments to protect low-income residents and preserve existing affordable homes established or implemented through plan

3. Mobility and VMT Reduction (15 points)
 Policies, programs, and investments to expand transportation choice and reduce vehicle miles travelled established or implemented through plan
 Improved pedestrian, bicycle and transit connectivity between destinations within the plan area, including major transit stations resulting from plan
 Increased transit ridership resulting from plan

13.d
Packet Pg. 250
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT B: Evaluation Criteria

4. Inclusive Communities (15 points)
 Current or new fair housing policies, programs, or investments advanced by the plan  Anticipated racial equity outcomes of the plan
 Universal design and access outcomes of the plan

5. Strategic Impact (15 points)
 Plan Bay Area 2050 Strategies and regional policies implemented by the plan  Implementation of 6th Cycle Housing Element update (2023-2031) resulting from plan  Innovative or replicable program or policies implemented or introduced

13.d
Packet Pg. 251
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

ATTACHMENT C: PRELIMINARY SCOPE OF WORK TEMPLATE

INSTRUCTIONS: If you have already developed a Scope of Work for your grant proposal, you may upload that document as part of your application. If not, this template is intended to provide a resource for developing a Preliminary Scope of Work.

An editable MS word version of this
template available here.
• Describe the task(s) to be supported by the PDA Planning Grant. For guidance on minimum requirements, see Attachment A.
• Identify anticipated deliverables related to each task. • Delete any unused tasks in the template.
• Once you have completed the tasks and deliverables portion, fill the preliminary schedule at the end of the document, adding anticipated dates of completion • Save and upload the completed template to your PDA application.

13.d
Packet Pg. 252
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

SCOPE OF WORK

INSERT PROJECT NAME
Task 1 – INSERT TASK NAME HERE

INSERT DETAILS OF DISCRETE TASK TO BE ACCOMPLISHED:

• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 1 Deliverables:

1.1: INSERT NAME AND DESCRTIPTION

1.2: INSERT NAME AND DESCRTIPTION

1.3: INSERT NAME AND DESCRTIPTION

1.4: INSERT NAME AND DESCRTIPTION

1.5: INSERT NAME AND DESCRTIPTION

Task 2 – INSERT TASK NAME HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 2 Deliverables:

2.1: INSERT NAME AND DESCRTIPTION

2.2: INSERT NAME AND DESCRTIPTION

2.3: INSERT NAME AND DESCRTIPTION

2.4: INSERT NAME AND DESCRTIPTION

2.5: INSERT NAME AND DESCRTIPTION

Task 3 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT

13.d
Packet Pg. 253
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 3 Deliverables:

3.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

3.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

3.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

3.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

3.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 4 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 4 Deliverables:

4.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

4.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

4.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

4.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

4.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 5 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 5 Deliverables:

5.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

5.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

13.d
Packet Pg. 254
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

5.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

5.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

5.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 6 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 6 Deliverables:

6.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

6.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

6.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

6.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

6.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 7 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 7 Deliverables:

7.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

7.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

7.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

7.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

7.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 8 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

13.d
Packet Pg. 255
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template
INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 8 Deliverables:

8.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

8.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

8.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

8.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

8.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 9 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 9 Deliverables:

9.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

9.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

9.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

9.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

9.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

Task 10 – INSERT TASK NAME HERE

INSERT NARRATIVE DESCRIPTION OF TASK HERE

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT
• INSERT TEXT

Task 10 Deliverables:

10.1: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

13.d
Packet Pg. 256
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

10.2: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

10.3: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

10.4: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

10.5: INSERT NAME: INSERT DESCRIPTION OF DELIVERABLE

PRELIMINARY SCHEDULE & BUDGET

DELIVERABLE

ESTIMATED

DATE OF

COMPLETION

ESTIMATED
BUDET
Task 1 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

1.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

1.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

1.3 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 2 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

2.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

2.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

2.3 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 3 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
[INSERT

APPROXIMATE
AMOUNT; OK to

13.d
Packet Pg. 257
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

DELIVERABLE

ESTIMATED

DATE OF

COMPLETION

ESTIMATED
BUDET
single date for full
task]
add single amount
for full task]

3.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

3.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

3.3 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 4 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

4.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

4.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

4.3 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 5 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

5.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

5.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

13.d
Packet Pg. 258
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

DELIVERABLE

ESTIMATED

DATE OF

COMPLETION

ESTIMATED
BUDET

5.3 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 6 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

6.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

6.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

6.3 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 7 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

7.1 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

7.2 [INSERT NAME]
[INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

7.3 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 8 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

8.1 [INSERT

APPROXIMATE
[INSERT

APPROXIMATE

13.d
Packet Pg. 259
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C: Preliminary Scope of Work Template

DELIVERABLE

ESTIMATED

DATE OF

COMPLETION

ESTIMATED
BUDET
DATE if sub-task detail
available]
AMOUNT if sub-
task detail available]

8.2 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

8.3 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 9 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

9.1 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

9.2 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

9.3 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]
Task 10 - [INSERT NAME]
[INSERT

APPROXIMATE
DATE; OK to add
single date for full
task]
[INSERT

APPROXIMATE
AMOUNT; OK to
add single amount
for full task]

10.1 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

10.2 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

10.3 [INSERT

APPROXIMATE
DATE if sub-task detail
available]
[INSERT

APPROXIMATE
AMOUNT if sub-
task detail available]

13.d
Packet Pg. 260
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACHMENT D: Local Briefing Template & Resources
ATTACHMENT D: LOCAL BRIEFING TEMPLATE & RESOURCES

INSTRUCTIONS: Use the templates in this attachment to brief your City Council or Board of Supervisors about your application for a PDA Planning Grant, and to secure approval of a resolution demonstrating support for your application. These templates include:
• Staff report
• PowerPoint presentation
• Resolution of support for grant application

13.d
Packet Pg. 261
Attachment: Call for Projects (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

September 19, 2023 BA-6
Budget to be Reduced
Fund/Program Account Number Descr iption Amount

REVENUES
101.980 6899 Transfer Into General Fund for City Match 208,000 $

EXPENDITURES
221.980 9899 Transfer Out from ARPA Fund for City Match 208,000 $ Budget to be Increased
Fund/Program Account Number Descri ption Amount

REVENUES
101.552 4543 Hamilton Avenue Precise Plan Grant Revenue 208,000 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Communit y Development Director Cit y Manager Community Development
Will Fuentes Rob Eastwood Brian Loventhal
552 - Policy Development
Acceptance of PDA Planning Grant from MTC no longer requires a $208,000 City Match to be funded through a transfer from ARPA into General Fund. Full $400,000 cost of Hamilton Area Precise Plan will now fully be covered by grant revenue.

Adjustments above reflect that change from the FY 2024 Adopted Budget.

13.e
Packet Pg. 262
Attachment: Budget Adjustment Form (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release

City
Council
Report

TITLE: Approval of All Star Talent Agreement and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section

3.20.030(7) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution approving a one -year contract with All Star Talent and authorizing the City Manager to enter into a Professional Services Agreement and sign the one -year contract with All Star Talent, for the management of the Police Department's online recruitment and marketing campaign, and dispensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4).

BACKGROUND

There is a law enforcement hiring crisis that agencies are experiencing throughout the country, and this has affected Campbell. We continue to experience patrol staffing issues due to the difficult hiring environment we are in.

Even with the current authorized staffing level of 46 officers, there are currently only 36 officers working full duty (a 22% deficit). There are currently three officers in a training academy set to graduate in early 2024. Between the police academy and field training , there is about a 50% success rate for new officers. In addition, we anticipate having to replace up to nine more vacancies in 2024 due to anticipated retirements and current vacancies.

The City Council has approved increases in the Police Department’s recruiting budget year over year over the past three years as staffing concerns continued grow. Despite attempts by staff to manage online and in -person recruitment events internally, the effectiveness of these efforts and the ability to commit the time needed to them based on other responsibilities, brought limited return on investment.

DISCUSSION

In 2022 there were only 52 applicants for the positions of Police Officer. To put this in perspective, on average it takes a minimum of 20 applicants to find one qualified candidate. This was also a more than 10% decrease from 2021.

Item: 14
Category: NEW BUSINESS
Meeting Date: September 19, 2023
14 Packet Pg. 263
Approval of All Star Talent Agreement Page 2 of 3
Staff began to research recruitment firms in 2021, but found that contracting these services were outside of the current marketing budget, with similar Bay Area agencies spending $150,000 and upwards on digital marketing campaigns and video production.

In February of 2023, Staff started obtaining quotes for services from firms and polling agencies in California, who had experience with those firms. During our research, All Star Talent was recommended for driving applicants to an agency, which was our primary goal. Other similar firms include expensive video production and web design that are costly and take away from the advertising spend , resulting in fewer actual applicants. All Star Talent was also the only firm that offered us a short-term marketing contract that fit our FY22 budget, allowing us to begin to address the lack of applicants immediately.

Staff has worked with Al l Star Talent on a month -to-month basis since that time and have paid $41,550 for marketing services focused on on -line advertising thus far. Over the last six months applic ations are now averaging 11 per month. This is a significant increase from the 2 to 4 applicants we were receiving per month in 2022 and the first increase in applicants in over five years . Staff expects applications to continue to increase during the term of the contract . All Star Talent has also provided us with short - term marketing for other police department positions (e.g. IT Administrator, Public Safety Dispatcher, etc.), which have led to an increase in applicants from what we have traditionally seen.

Over the last six months , staff has worked with All Star Talent ’s marketing team to customize web design, screening processes and automated communications software to manage the influx of hundreds of interested candidates. Staff is now completing work on the customizations and communications piece to help attract and identify the best candidates.

All Star Talent focuses on on -line advertising and converting add spend to candidates which differs from other police department marketing firms. See attached sole source letter from All Star Talent (Exhibit A). Moving to a different vendor at this time would set this project back by at least six months and require staff to spend additional time and money to replicate work that has already been done.

The purchasing procedures outlined in the City’s Municipal Code Section 3.20.050 state that contracted services shall be made according to specified bidding procedures.

However, per Municipal Code Section 3.20.030 (4), the bidding procedures may be dispensed with when the city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required in which case the City may negotiate directly with that vendor.

FISCAL IMPACT

The total contract for All Star Talent’s marketing services is $142,700 (See attached 14 Packet Pg. 264
Approval of All Star Talent Agreement Page 3 of 3
contract Exhibit B). The council approved a total of $150,000 for recruitment in the FY24 budget.

ALTERNATIVES

Direct staff to research other marketing firms that specialize in recruitment for police departments.

Prepared by:

Ian White, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

Attachment:
a. All Star Talent Resolution
b. Exhibit A (AST - Sole Source Justification)
c. Exhibit B (All Star Talent Agreement)
d. All Star Talent Draft Service Agreement
14 Packet Pg. 265
RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALL STAR TALENT, INC.

FOR THE MANAGEMENT OF THE CAMPBELL POLICE DEPARTMENT’S

RECRUITMENT AND MARKETING CAMPAIGNS, AND DISPENSING WITH BIDDING

REQUIREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION

3.20.030(4) AND (7)
WHEREAS, there is a law enforcement hiring crisis that agencies throughout the country are experiencing; and
WHEREAS, the hiring crisis has impacted the Campbell Police Department’s ability to hire an adequate number of police officers; and WHEREAS, the Campbell Police Department is currently operating with 80% of its allotted full time sworn staff; and
WHEREAS, the Campbell Police Department will need to fill a minimum of nine sworn officer positions in 2023/2024; and
WHEREAS, All Star Talent, Inc. has provided web-based marketing services for the Campbell Police Department since February of 2023; and WHEREAS, All Star Talent focuses on on-line advertising specifically in converting add spend to candidates and differ from other police department marketing firms; and WHEREAS, the purchasing procedures outlined in Campbell Municipal Code (CMC) Section 3.20.030(4) and (7) state the bidding procedures may be dispensed with when the city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required and the supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor; and
WHEREAS, All Star Talent , Inc. is the only vendor capable of providing the services required by the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the City Council adopt a Resolution approving a one -year contract with All Star Talent and authorizing the City Manager to enter into a Professional Services Agreement and sign the one -year contract with All Star Talent, for the management of the Police Department's online recruitment and marketing campaign, and dispensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4). .

PASSED AND ADOPTED this 19th day of September, 2023, by the following roll call vote:

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Attachment: All Star Talent Resolution (Approval of All Star Talent Agreement)

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

__________________________
Anne Bybee, Mayor
ATTEST:

____________________________
Andrea Sanders, City Clerk

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Attachment: All Star Talent Resolution (Approval of All Star Talent Agreement)

All-Star Talent, Inc.

Sole Source Justification

Page | 1

August 28, 2023

Capt. Ian White
Campbell Police Department
70 N. First St.

Campbell, Ca 95008

Subject: All-Star Talent Sole Source Justification

Dear Captain White,

All-Star Talent Consulting (AST) is proud to provide our recruitment, retention and/or background solutions to over 700 agencies at the federal, state and local levels across the country. We provide the most widely used solution of its kind by a wide margin. Among the reasons for AST’s popularity are the features found below, which are exclusive to AST and provide unparalleled efficiency and economic benefit to our agency customers.

Candidate Recruitment Communication System: Our customized Law Enforcement candidate relationship management and communication system is specifically designed to meet the unique needs of law enforcement agencies. Our comprehensive solution includes automated basic pre- screening, automated follow-up communication, two-way texting and emailing functionalities, customizable text and email workflows, efficient process management, candidate tracking, in- person kiosk for events, robust reporting, analytics, and seamless integration with the background system, powered by Guardian Alliance Technologies.

Proprietary AI/Machine Learning Retention System: The retention system identifies drivers in your department that lead to employee turn-over. The system enables organizations to open lines of communication with current employees, capture feedback and leverage proprietary AI/Machine learning and reporting to set retention strategies.

Proprietary DEI Targeting System: Our proprietary data-based approach uses unique employer brand attractiveness measures with demographic segmentation in order to identify what messaging will resonate to target diverse candidates.

Proprietary Law Enforcement Digital Marketing Campaign Management: Our digital marketing campaigns have attracted over 500,000 candidates to law enforcement careers and are based on execution models developed through testing strategies to deliver the best return on advertising investment.

Unlimited Use Of The National Applicant Information Center (NAIC): The National Applicant Information Center, powered by Guardian Alliance Technologies, is a centralized applicant database that stores applicant personal history questionnaire (PHQ) information and flags all

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Attachment: Exhibit A (AST - Sole Source Justification) (Approval of All Star Talent Agreement)

All-Star Talent, Inc.

Sole Source Justification

Page | 2

historical PHQ changes (if any) made by the applicant such that they are visible to any agency where they apply. The NAIC is designed and maintained to ensure that its use is compliant with the FBI CJIS Security Policy.

Unlimited Electronic Applicant Pre-Screening:. Background Triage Center, powered by Guardian Alliance Technologies, is a one of a kind collection of system features that allow you to intake all applicant PHQ’s and perform pre-screening, including review of custom forms, access to the NAIC, and automatic production of a PHQ Concerns Report efficiently and 100% electronically at no cost.

Automatic Generation of Background Investigation Reports: The Background Platform, powered by Guardian Alliance Technologies, automatically compiles comprehensive investigation reports with no additional work required from your investigators, providing the additional benefit of standardizing the format of all reports.

Digital Approval Ladder: The fully digital approval ladder, powered by Guardian Alliance Technologies, enables you to send investigation reports up the chain of command for review and approval or rejection electronically and efficiently.

Monthly Background Billing Option: AST “On Demand” billing policy ensures that you are only being charged for exactly the number of direct spend, services incurred or backgrounds run in advertising using the comprehensive background, recruitment and retention system.

AST’s solutions are developed within, and supported by, our organization for services in the state and local government marketplace. In addition, AST is the sole provider for all related solution training, system documentation, hosting services, implementation and maintenance for all features and benefits described above.

If there are any questions relating to the exclusivity of the features described herein, please reach out at your convenience and we’ll be happy to provide additional information, if necessary.

Sincerely,

Jason Litchney, Co-Founder

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Attachment: Exhibit A (AST - Sole Source Justification) (Approval of All Star Talent Agreement)

Campbell Police Department
Police Officer Talent Marketing - 11 Month Campaign

Page | 1

PROJECT REQUIREMENTS / SCOPE
The following pricing is on a per month basis. The campaign timeline will be implemented over an 11 month timeline from August - June 2023.

Description Unit Cost QTY TOTAL
Talent Marketing Strategy / Graphic Design,
Consulting, Systems and Process
Improvement
Provide Consulting Services to help to
streamline the lead cultivation process and
build necessary templates, text integration,
etc. Includes any needed graphic design to
support the organization. $125 / hr
4 Hours
per Month
$500 /
Month
Advertising Campaign Management -
Facebook/Instagram
Manage Facebook/Instagram advertising
campaign to drive leads. Includes reporting
dashboard.
$2,000 /
Month
Google Advertising Campaign Management
Manage Google campaign, includes keyword
research, display and search campaigns.
$1,000 /
Month
CRM and Text Licenses
$250 /
Month
Indeed Advertising Management

$500 /
Month
LinkedIn Advertising Management
$500 /
Month

TOTAL SERVICES
$4,750/
month
Direct Advertising Spend
Allocated spend across all paid media
channels. Actual monthly or weekly spend
may shift based on performance or optimal
cost per lead/cost per application. Direct
spend has $0 markup and is a direct pass-
through from All-Star Talent to the media $7,200 11 Months $79,200

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Attachment: Exhibit B (All Star Talent Agreement) (Approval of All Star Talent Agreement)

Campbell Police Department
Police Officer Talent Marketing - 11 Month Campaign

Page | 2

source.

Metal Referral Business cards for Officers 15 / Card 100 Cards $1,500 Allotment for Print Material
Flyers, Brochures, additional needs for the
department. $5,000

12-Month Total Cost - $142,700

The City of Campbell, California agree to the above scope of work above.

Date:

________________________________
Signature

________________________________
Printed Name

________________________________
Title

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Attachment: Exhibit B (All Star Talent Agreement) (Approval of All Star Talent Agreement) -1-

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the day of ______________, 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and All Star Talent (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for the purpose of digital marketing and recruiting for the Police Department; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said digital marketing and recruitment;

NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.

1.4 In performance of this Agreement by Consultant, time will be of the essence.

1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

1.6 Consultant agrees to perform this Ag reement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects under similar circumstances.

1.7 Consultant shall cooperate in good faith with City in all aspe cts of the performance of this Agreement.

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1.8 In the course of the performance of this Agree ment, Consultant shall act in the City’s best interest as it relates to the project.

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project manager for Consul tant shall be Jason Li tchney. The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordin ator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other mat ters related to the performance of this agreement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City s hall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agr eement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent c ontractor hereunder. Consultant represents and warrants that it (i) i s fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equ ipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with AB5 , codified at Labor Code section 2750.3 , and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

1.12 This Agreement contains provisions that permit mut ually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established b y a written contract amendment (approved and execu ted by the City) to accommodate the changes in work.

2. DUTIES OF CITY

2.1 City shall furnish to Con sultant all available and pertinent data and information requested by Consultant to facilitate the prep aration of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City pr ompt written notice of any known or discovered defects in such data and information.

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2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized t o act in its behalf.

2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

3.1 For the full performance o f the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $150,000, as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoi ce for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by perso nnel classification.

Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the f ee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object. b. Direct costs are those outside costs i ncurred on or directly fo r the project and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agr eement, but which are nec essary for performance of Consultant’s duties, Cit y may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consult ant’s services. In the event that the work is decr eased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make a ny changes to the work, either as additions or deductions, without the prio r written order of the Cit y. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/o r actual costs reimbursab le by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless a uthorized by written cont ract amendment or change order, approved and execu ted by the City. Consultan t shall obtain prior written approval for a revised fee schedule from the City b efore exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

3.4 In no event, will the Consultant be reimbursed for any cos ts or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.

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3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

4. SUBCONSULTANTS

4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Consultant shall be resp onsible to City for the perfor mance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.

4.3 Consultant shall require and verify that all subcontractors maintain insu rance meeting all of the requirements state d herein, including naming the City of Campbell, its officers, officials, directors, agents representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for sub contractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any su bcontractor is incompetent or unqualified, Consultant will be notified and will be ex pected to immediately cancel the subcontract.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project-related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any project-related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that

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are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any other provision of this A greement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 30 calendar days prior to an effective termination date. In the event of such termina tion, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning ov er all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accor dance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.

6.3 Upon notice of termination by City, the Consultant will immediately act to n ot incur any additio nal obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement wi ll become property of the City upon the t ermination date. In the eve nt of Consultant’s failure to perform pursu ant to the Agree ment, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the price s set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to f ailure of the Consultant to perform pursu ant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termin ation, Consultant will have no further cl aims against the City un der the Agreement. No other compensation will be payab le for anticipated profit on unperformed services.

7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance u nder this Agreement for a period of three y ears following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious cree d, col or, sex, national or igin, handicap, sexual orientation, marital st atus, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or

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any other consideration made unlawful by local, State or Federal law , of any employee of, or applicant for employment with, s uch Consultant or subc ontractor. City req uires Consultant to comply with all applicable Federal and State and local equa l employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:

a. That in the event one or more d efendants is unable to pay its share of defense co sts due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocat ion of those costs amongst the parties; and

b. Where a project-specific general liability policy insures all project particip ants for general liability exposures on a primary b asis and also covers all design profess ionals for their legal liability ari sing out of their professional services on a prima ry basis, then there shall be no limitation on the d esign professional's duty to provide a defense and cover the City's cost of defense.

With respect to all matters other than those covered by the foregoin g paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law fr om and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature , in cluding att orneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defendin g any claim, caused by or arising out of, or alleged to have been caused by or a rise out of, in whole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or l iabilities proximately caused by the sole negligen ce or will ful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.

In no event shall this section be construed to require indemnific ation by the Co nsultant to a greater extent than permitted under the public policy of the State of Cali fornia; and in the event that this contract is subject to C alifornia Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

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The defense and indemnity provisions obligations of this Agree ment are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement.

The foregoing indemnity pr ovisions are intended to fully allocate the partie s’ risk of liability to third-parties; and there s hall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintain insura nce conforming to the follo wing specifications to the fullest amount allow ed by law for a minimum of three ( 3) years following the termination or completion of this Agreement:

A. Types of Coverage
The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Workers’ Compensation and Employer Liability; and

3. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

3. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in renderin g services to City.

C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liabil ity: $1,000,000 combined single limit per occur rence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other for m with a general aggregate limit is used, either t he gener al aggr egate li mit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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2. Automobile Liability: $1,000,000 com bined single li mit per accident for bodily injury and property damage.

3. Workers’ Compe nsation and Emp loyer's Liab ility: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a wa iver of s ubrogation in favor of the City for all work performed by the Consultant and its employees.

4. Professional Liability and/or Errors and Omissio ns: $1,000,000 per claim and $2,000,000 in the annual aggregate.

The limits of insurance required in this Agreement may be satisfied by a combin ation of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the b enefit of City (as agre ed to in thi s Agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be dec lared to and approved by the City, and shall not reduce the limits of liability. At the opt ion of the Ci ty, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, empl oyees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses r elated to investigations, claim administration, an d defense expenses. Policies containing any self -insured retention provision shall provide or be endor sed to pr ovide that the self -insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consult ant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant . It is a requirement of this Agreement that any available insurance proceeds broader than or in exces s of the specified minimum insur ance coverag e requirements and/or limits set forth in this Agreement sha ll be available to the City as an additional insured. Furthermore, the requiremen ts for coverage and limits shall be (1) the minimum coverage limits spe cified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance po licy or proceeds

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available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be primary insuranc e as respects th e City, its agen ts, officers , attorneys, employees, officials and volunteers. Any insura nce or self -insurance maintained by the City, its agents, officers, attorneys, em ployees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisio ns of the pol icies shall not affect coverage provided to the Ci ty, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insuran ce shall apply s eparately to eac h insured against whom claim is made or suit is brought except with resp ect to the limits of the insurer's liability.

2. Workers’ Compensation and Employ er’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, i ts agents, officers, attorneys, employees, officials, and v olunteers for losses arising from work performed by the Consultant for the City.

3. All Coverages: Any unintentional failure to comply with reporting provisions of t he polici es shal l not affect cov erage provid ed to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) da ys prior written notice by regular mail has been given to the City , or ten (10) days for ca ncellation for non- payment of premium.

F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled or r educed in coverage during the te rm of this A greement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

G. Subcontractors
Consultant agrees that any and all contracts with su bcontractors for performance of any matter under this Agreement shall require the subcontra ctors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreeme nt.

Subcontractors shall furthe r agree to include these same provisions with any sub -subcontractor.

A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require a ll subcontractors to provide a valid certificate o f insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof

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of compliance to the City.

H. Acceptability of Insurers
Without limiting Consultant' s indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person a uthorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

J. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prio r experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

10. MISCELLANEOUS

10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.

10.2 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of servic es pur suant to this Agreement.

10.4 Neither party’s waiver of any term, condit ion or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement betw een City and Consultant relating to the project an d the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expre ssly set f orth i n this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, cond ition or covenant of this Agreement is held by a court of

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competent ju risdiction to be invalid, void, or unenforce able, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a 1-year period, unless terminated sooner in accordance with the contract.

Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or p articipating in activities that conf lict with the City’s intere sts in respect to th e work and/or services and project. The Consultant shall li st current clients who may have a financial interes t in the outcome of this Agreement. 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 u nder this agreement. Consultant shall no t make or participate in making or i n any way atte mpt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial in terest other than the compensation promised by this Agreement.

Consultant wi ll immediately advise the City if Con sultant learns of a financial intere st of Consultant's during the term of this Agreement.

10.11 City is a public agency subject to the disclosu re re quirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consult ant m ust clearly mark such information “Confidentia l and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA a nd wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the Ci ty is required to respond to the CPRA request. If C onsultant fails to obtain such remedy w ithin the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant furthe r agrees that it shall defend, indemnify and hold C ity harmless against any c laim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result fro m denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

10.12 Neither par ty h ereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which

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is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeur e claimed to delay, hinder or prevent p erformance of the services under this Agreement. Each Party will, however, m ake all reasonable efforts to remove or eliminate such a cause of delay or default and wi ll, upon the cessation of the cause, dil igently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the perfo rmance of its respective obli gation by reason of such Force Majeure, there may be an equi table adjustment of the schedule and Consultant com pensation based on City’s sole discretion.

10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an age nt. Consultant shall have no authority, express or implied, pursuant to this A greement to bind City to any obligation whatsoever.

10.14 Consultant war rants that Consultant, it s subcontractors and /or agents (if any) has/have complied with any and all federal, state, and local licensing requirements

10.15 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respec tive signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply wit h the provision s of this Agreement.

10.17 This Agreem ent is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maint ained in a court of appropriate jurisdiction in Santa Clara County, California.

10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s sign ature shall be accepted and valid as an original.

11. NOTICES
Notices required und er this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Campbell
Attention: Amy Olay
70 North First Street
Campbell, CA 95008

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CONSULTANT: ___________________
Attention: ___________
____________________
____________________
____________________

[SIGNATURES ON FOLLOWING PAGE]

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Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT

By_________________________________

Title________________________________

CITY OF CAMPBELL

By_________________________________

Title _______________________

Approved as to Form

______________________________
City Attorney

Exhibit A - Scope of Services and Fees

K:\Contracts - Standard Consultant Services

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City
Council
Report

TITLE: Award and Approve a Construction Contract with Lathrop Construction Associates, Inc. for the Measure O – Campbell Library Renovations Project (No. 23-SS) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution to: 1) award the construction contract for the Measure O - Campbell Library Renovations Project (No. 23 -SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; 2) approve the construction contract in the amount of $18,189,000, plus a 10% construction contingency of $1,818,900; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency.

BACKGROUND

In November 2018, Campbell voters passed Measure O authorizing the City to issue $50,000,000 in general obligation (GO) bonds to finance the design and construction of a new Police Operations Building (with a new EOC) and renovations to the Campbell Library. Of the $50M in Measure O funds available, $20M was originally allocated to each project (Library and Police) with $10M allocated to Shared Improvement Costs. Later, as the design process began, further allocations were made from the $10M in Shared Improvement Costs to the individual projects, resulting in a total Measure O -funded project budget of $20.5M for the Library Renovations (No. 23 -SS) and $25M for the Police Operations Building (No. 23-RR).

Between 2018 and 2023, the Library Renovations Project also received additional funding from various State and local programs – creating capacity within the project’s existing budget to address infrastructure improvements that were included in the original scope of work but were later omitted due to budgetary constraints. Based on the Library’s initial allocation of $20.5M in Measure O funding, the following is a summary of the project’s total available funds (current budget) listed by source:

Available Funds – Library Project (No. 23-SS)
Funding Source Amount
Item: 15
Category: UNFINISHED BUSINESS
Meeting Date: September 19, 2023
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Measure O ($20M Initial Allocation + $500k Shared Site
Work Allocation) $ 20,500,000
State Library Building Forward Grant Program $ 4,718,450 SVCE Decarbonization Demonstration Grant Program $ 500,000 Santa Clara County Library District (SCCLD) $ 510,000 Total Available Funds (current project budget) $ 26,228,450

On May 19, 2020, Jayson Architecture was awarded the design consultant services contract for the Library Renovations Project, with the City Council directing staff to return later for further review and approval of the project’s schematic design. When staff returned on April 6, 2021, the City Council reviewed and approved the Library’s schematic design and overall concepts proposed; permitting Jayson Architecture to continue working on the plans and specifications that would serve as the eventual blueprint for its construction.

In early 2022, while the Library’s design was underway, staff also issued a Request for Qualifications (RFQ) to solicit contractors who were interested in (and qualified) for invitation to bid on the Library’s construction contract. Staff used this process to develop a list of pre-qualified contractors.

At the end of the RFQ process, and after evaluating the applications received, staff determined that all four firms that applied for the Library Renovations project had met the required qualifications. As such, the following contractors would receive an invitation to bid on the Library’s construction contract pending Council’s approval of the project’s final plans, specifications, and estimates ( PS&E), and authorization for staff to proceed with the issuance of the bid invitations:

1. Gonsalves & Stronck Construction Company, Inc.

2. BHM Construction

3. Lathrop Construction Associates, Inc.

4. BOBO Construction, Inc.

DISCUSSION

On June 6, 2023, the City Council adopted a resolution (No. 12999) approving the Library’s final PS&E and authorizing staff to invite the project’s list of prequalified contractors to bid on its construction contract. Staff’s presentation to Council also included a cost breakdown for the project’s use of funds, which identified the construction contract amount (i.e., engineer’s estimate for the project’s base scope of work and three add alternates), and a 10% change order contingency, as separate project expenditures for $20M and $2M (respectively). Nevertheless, the Council was informed that staff would return during a later meeting to present the bid results and request Council’s approval to award the project’s construction contract at that time. 15 Packet Pg. 287
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Following Council’s approval and authorization, staff issued an invitation to the four prequalified contractors that included a copy of the project’s final PS&E, the contract document package for construction, and other information pertaining to the requirements of the bidding process (see Attachment B). Per the invitation’s instructions, contractors would have until 2:00 pm on Wednesday, August 30, 2023, to submit their bids – which at that time, is when the project’s official bid opening would occur. However, to qualify for bid submission, contractors were first required to attend a pre-bid meeting for a walk-through of the work site and to receive additional information from the City’s construction management firm, Griffin Structures.

Of the four contractors who received an invitation with the above -mentioned instructions, only three attended the project’s mandatory pre -bid meeting. As such, the contractor who did not attend (BHM Construction) was subsequently disqualified from bid submission. With three contractors remaining, the City received only two bids by the end of the submission deadline. When bids were opened on August 30, 2023, the results identified Lathrop Construction Associates, Inc., and BOBO Construction Inc., as the two submitting contractors. The results of their proposed bids – and the final figures from the Engineer’s Estimate – are as follows:

Bid Results – Campbell Library Renovations Project (No. 23-SS)

Contractor
(In Order of Bid Opening)
Base Bid
(Sub-Total)
Add. Alternates
(1, 2, & 3)
Grand Total
(Base Bid + 3 Add. Alternates)

1. Lathrop Construction
Associates, Inc. $ 17,839,000 $ 350,000 $ 18,189,000

2. Bobo Construction, Inc. $ 20,296,797 $ 400,000 $ 20,696,797 Engineer’s Estimate $ 19,529,000 $ 471,815 $ 20,000,815

Lathrop Construction Associates, Inc. (Lathrop), was the lowest responsible bidder with a proposed base bid amount of $17,839,000, which is approximately $1.69M under the final Engineer’s Estimate of $19,529,000. Furthermore, Lathrop’s proposed total of $350,000 for the project’s three add alternates was approximately $121,000 under the engineer’s estimate for these items as well ($471,000).

With these results, staff has updated the project’s allocation (use) of funds to reflect the construction contract amount submitted by Lathrop, and the 10% change order contingency based on this amount. The project’s updated expenditures and total costs are as follows:
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Use of Funds – Campbell Library Renovations Project (No. 23-SS) Costs/Expenditures Amount
Design, Planning, & Management $ 1,815,580
Plan Review / Permits $ 50,000
Construction Contract (Base Cost + (3) Add. Alternates) $ 18,189,000 Change Order Contingency (10% of Construction Contract) $ 1,818,900 Utility Fees (Fire, Water, Electrical/Gas, Sanitary, etc.) $ 125,000 Testing & Special Inspections $ 180,000
Other City Costs / Design Contingencies $ 180,000
Total Costs for Library Project (updated) $ 22,358,480

Based on the Library’s updated total costs ($22.3M), and the funds available in its current budget ($26.2M), the project is projected to have a surplus of approximately $3.9M in Measure O funds.

NEXT STEPS
The proposal submitted by Lathrop has been deemed complete, responsive, and responsible in accordance with the City’s purchasing guidelines and staff’s comprehensive evaluation of the bids received. As such, staff is recommending that City Council award and approve the construction contract for the Measure O – Campbell Library Renovations Project (No. 23 -SS) to Lathrop Construction Associates, Inc., in an amount not to exceed $18,189,000, plus a 10% change order contingency in the amount of $1,818,900.

Staff is also requesting City Council’s authorization for the City Manager to execute said agreement, as specified in Campbell Municipal Code Section 3.20.100, and authorization for the City Engineer to negotiate and execute contract change orders up to and within the allocated (and approved) construction contingency amount.

Should the City Council approve and award this contract – and pending its subsequent execution – a Notice to Proceed will be issued in October 2023 to authorize the commencement of construction. Based on this date, the following is an updated tentative schedule for construction of the Library Renovations project:

Campbell Library Renovations (Project No. 23-SS) Date
Construction Notice to Proceed Issued for Library
Renovations Project October 2023
Start of Library Renovations Construction November 2023 15 Packet Pg. 289
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Completion of Library Renovations Project June 2025, ±

FISCAL IMPACT
This action will have a fiscal impact of $18,189,000. Sufficient funding is available in the City’s approved CIP budget for ‘Civic Center Improvements – Library Renovations (Project No. 23 -SS)’ to award a contract in this amount and begin construction in accordance with the project’s final plans and specifications.

For large scale projects of this type, a 10% construction contingency is commonly included to address any unforeseen situations or circumstances which may arise during construction and the additional costs incurred at that time . Based on the project’s total contract amount ($18,189,000), a 10% construction contingency for the Library Renovations project would be $1,818,900 – resulting in a combined total amount of $20,007,900. Overall, sufficient funding is available in the project’s current budget to cover the associated cost of any change orders up to and within th e allocated construction contingency amount.

ALTERNATIVES

1. Do not award the Library Renovations project at this time; defer to a later date.

2. Do not award the project’s three add alternates; provide alternative strategies for their implementation.

3. Provide alternative direction to staff.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:
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Campbell Library Renovation Project Page 6 of 6
Attachment:
a. Resolution
b. Contract Documents - Campbell Library Renovations Project (No. 23-SS) 15 Packet Pg. 291
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AWARDING THE CONSTRUCTION CONTRACT FOR THE MEASURE O – CAMPBELL LIBRARY RENOVATIONS PROJECT (NO. 23-SS) TO THE LOWEST RESPONSIBLE BIDDER, LATHROP CONSTRUCTION ASSOCIATES, INC.; APPROVING THE CONSTRUCTION CONTRACT IN THE AMOUNT OF $18,189,000, PLUS A 10% CONSTRUCTION CONTINGENCY OF $1,818,900; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND AUTHORIZING THE

CITY ENGINEER TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDERS UP TO AND WITHIN THE ALLOCATED CONSTRUCTION CONTINGENCY.

WHEREAS, in November 2018, Campbell voters passed Measure O authorizing the City to issue $50,000,000 in general obligation (GO) bonds to finance the design and construction of a new Police Operations Building (with a new EOC) and renovations to the Campbell Library; and WHEREAS, further allocations resulted in a total Measure O-funded budget of $20.5M for the Library Renovations project (No. 23-SS); and
WHEREAS, between 2018 and 2023, the Library Project also received additional funding from various State and local programs – increasing the project’s current budget to $26,228,450; and WHEREAS, in early 2022, after evaluating the applications received in response to the RFQ advertised for construction services, staff deemed the following contractors qualified for invitation to bid on the Library’s construction contract pending City Council’s approval of the project’s final plans, specifications, and estimates (PS&E): 1. Gonsalves & Stronck Construction Company, Inc., 2. BHM Construction, 3. Lathrop Construction Associates, Inc., and 4. BOBO Construction, Inc.; and WHEREAS, on June 6, 2023, the City Council adopted a resolution (No. 12999) approving the Library’s final PS&E and authorizing staff to invite the project’s list of prequalified contractors to bid on its construction contract; and
WHEREAS, staff’s subsequent invitation included the bid submission deadline of 2:00 pm on Wednesday, August 30, 2023, and information regarding the mandatory pre-bid meeting required to qualify for bid submission; and
WHEREAS, only three of the four contractors attended the mandatory pre -bid meeting, which resulted in BHM Construction being disqualified from bid submission for failure to attend; and WHEREAS, of the three contractors remaining, the City received only two bids by the end of the submission deadline – with results identifying Lathrop Construction Associates, Inc., and BOBO Construction Inc. as the two submitting contractors at the time of bid opening; and WHEREAS, Lathrop Construction Associates, Inc. (Lathrop), was the lowest responsible bidder with a base bid amount of $17,839,000, and $350,000 for the project’s three add alternates; and WHEREAS, based on the project’s updated total costs ($22.3M), and the funds available in its current budget ($26.2M), the project is projected to have a surplus of approximately $3.9M in Measure O funds; and

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Attachment: Resolution (Campbell Library Renovation Project) WHEREAS, the proposal submitted by Lathrop has been deemed complete, responsive, and responsible in accordance with the City’s purchasing guidelines and staff’s comprehensive evaluation of the bids received; and
WHEREAS, staff is recommending City Council ’s award and approval of the construction contract for the Measure O – Campbell Library Renovations Project (No. 23 -SS) to Lathrop Construction Associates, Inc., in an amount not to exceed $18,189,000, plus a 10% change order contingency of $1,818,900; and
WHEREAS, staff is also requesting City Council’s authorization for the City Manager to execute said agreement, as specified in Campbell Municipal Code Section 3.20.100, and authorization for the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency amount; and
WHEREAS, sufficient funding is available in the City’s approved CIP budget for ‘Civic Center Improvements – Library Renovations (Project No. 23 -SS)’ to award a contract in the amount of $18,189,000, and a 10% change order contingency ($1,818,900) to address any unforeseen situations or circumstances which may arise during construction and their associated costs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) award the construction contract for the Measure O – Campbell Library Renovations Project (No. 23-SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; 2) approve the construction contract in the amount of $18,189,000, plus a 10% construction contingency of $1,818,900; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency.

BE IT FURTHER RESOLVED should the City Council approve and award this contract – and pending its subsequent execution – a Notice to Proceed will be issued in October 2023 to authorize the commencement of construction.

PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:
_________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Campbell Library Renovation Project)

CITY OF CAMPBELL

CONTRACT DOCUMENTS

FOR THE CONSTRUCTION OF

CAMPBELL LIBRARY RENOVATIONS
PROJECT NO. 23-SS

VOLUME I
The work embraced herein shall be done in accordance with the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994, the General Provisions Sections 1 – 9 dated March 2022 (General Provisions), and in accordance with the project plans, specifications, and these Special Provisions.

Attention is also directed to the Standard Specifications (SS) and Standard Plans (SSP) dated May 2006 and 2018, portions of which are incorporated into the CCSS, General Provisions, and these Special Provisions by reference, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

Mandatory Pre-Bid Meeting
Time: 10:00 A.M.

Date: July 24th, 2023
City Council Chambers
Campbell City Hall
70 N. First Street
Campbell, CA 95008-1423
BIDS DUE BY:

Time: 2:00 P.M.

Date: August 23rd, 2023
City Clerk’s Office
Campbell City Hall
70 N. First Street
Campbell, CA 95008-1423

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INTENTIONALLY BLANK

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) The Special Provisions contained herein have been prepared by or under the direction of the following Registered Person(s):

CIVIL
BKF Engineers
Jonathan Tang #C67726, expires 6/30/2025

LANDSCAPE
JLJA Landscape Architects
Joni Janecki #3163, expires 9/30/24

ARCHITECTURE
Jayson Architecture
Abraham Jayson #C33239, expires 8/31/2023

STRUCTURAL
BASE Design Inc.

Gokhan Akalan #5594, expires 12/31/2023
M / P
Alter Consulting Engineers
Matthew Dehghani #M36987 expires 9/30/24

ELECTRICAL
RIJA Inc.

Ray Juachon #E19586, expires 6/30/23

FIRE PROTECTION
HYT Corporation
Bret Tresidder #1165, expires 9/30/24

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Table of Contents
NOTICE INVITING BIDS.......................................................................................................................NIB-1 BID PROPOSAL FORMS ......................................................................................................................BP-1 BID SCHEDULE...............................................................................................................................BP-6 STATEMENT OF SUBCONTRACTORS .........................................................................................BP-7 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ...........................................................BP-8 NONCOLLUSION AFFIDAVIT .........................................................................................................BP-9 DIR REGISTRATION STATEMENT ..............................................................................................BP-10 CERTIFICATION REGARDING DEBARMENT .............................................................................BP-11 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ....................................................BP-12 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ...............................................BP-13 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT .......................................................BP-14 DEBARMENT AND SUSPENSION CERTIFICATION ...................................................................BP-15 BID BOND FORM ..........................................................................................................................BP-17 BID BOND ......................................................................................................................................BP-18 CONTRACT ....................................................................................................................................C-1 CONTRACT........................................................................................................................................C-2 BOND FOR FAITHFUL PERFORMANCE .........................................................................................C-6 BOND FOR LABOR AND MATERIAL................................................................................................C-7 BOND FOR FAITHFUL PERFORMANCE OF MAINTENANCE PERIOD .........................................C-8 SPECIAL PROVISIONS.........................................................................................................................SP-1 General ......................................................................................................................................SP-2 GENERAL PROVISIONS.......................................................................................................................SP-2 SECTION 1. ABBREVIATIONS AND DEFINITIONS ...................................................................SP-2 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS...............................................SP-2 Mandatory Pre-Bid Meeting .......................................................................................................SP-2 Examination of Plans, Specifications and Site of Work .............................................................SP-3 COVID-19 ..................................................................................................................................SP-3 SECTION 3. AWARD AND EXECUTION OF CONTRACT..........................................................SP-3 Determination Of Low Bid ..........................................................................................................SP-3 Bid Protests................................................................................................................................SP-3 Execution of Contract.................................................................................................................SP-4 Contractor Licenses and Requirements.....................................................................................SP-4 SECTION 4. SCOPE OF WORK...................................................................................................SP-4 Description of Work....................................................................................................................SP-4 Locations of Work ......................................................................................................................SP-4 Price Adjustment........................................................................................................................SP-4 SECTION 5. CONTROL OF WORK...............................................................................................SP5 Order of Work ............................................................................................................................SP-5 Inspection...................................................................................................................................SP-5 Project Appearance ...................................................................................................................SP-5 Pre-Construction Conference ....................................................................................................SP-7 Submittals ..................................................................................................................................SP-7

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SECTION 6. CONTROL OF MATERIALS....................................................................................SP-9 Materials Testing........................................................................................................................SP-9 Contractor Quality Control .........................................................................................................SP-9 SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY......................................................SP-10 Insurance Requirements..........................................................................................................SP-10 Public Safety ............................................................................................................................SP-12 Prevailing Wage.......................................................................................................................SP-12 Water Pollution.........................................................................................................................SP-12 SECTION 8. PROSECUTION AND PROGRESS.......................................................................SP-13 Subcontracting .........................................................................................................................SP-13 Hours of Work ..........................................................................................................................SP-13 Time of Completion..................................................................................................................SP-13 Liquidated Damages ................................................................................................................SP-14 SECTION 9. MEASUREMENT, PAYMENT, AND CLAIMS .......................................................SP-14 Measurement and Payment.....................................................................................................SP-14 APPENDICES ...............................................................................................................................APP-1 Appendix I: Existing Drawings 1973.........................................................................................................

Appendix II: Existing Drawings 1986 Remodel .......................................................................................

Appendix III: Hazmat Report & Specifications..........................................................................................

Appendix IV: Arborist Report....................................................................................................................

Appendix V: Wayfinding Design Guidelines .............................................................................................

Appendix VI: PG&E Site Drawing.............................................................................................................

Appendix VII: Construction Workday Calendar ........................................................................................

Appendix VIII: Best Management Practices for the Construction Industry...............................................

Appendix IX: City’s Storm Water Pollution Control Requirements ...........................................................

Appendix X: South Bay Water Recycling Program ..................................................................................

Appendix XI: California Prevailing Wage Rates .......................................................................................

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NOTICE INVITING BIDS

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CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS

NOTICE INVITING BIDS

FROM PRE-QUALIFIED CONTRACTORS

FOR CONSTRUCTION OF
CAMPBELL LIBRARY RENOVATIONS, PROJECT NO. 23-SS

1. Date and Place of Opening Bids. Notice is hereby given that sealed bids will be received at the Office of the City Clerk of the City of Campbell (City or Owner), 70 N. First Street, Campbell, CA 95008-1423 until 2:00 PM, August 23, 2023, for the foregoing project. The bids so submitted will be publicly opened and read aloud at that time. (BIDS RECEIVED

AFTER THE DATE AND TIME STATED ABOVE WILL BE REJECTED AS NONRESPONSIVE. IT IS HIGHLY RECOMMENDED THAT ALL BIDS BE HAND DELIVERED).

2. Location of Work. The project site is located at 77 Harrison Avenue, Campbell, CA 95008 within the City of Campbell.

3. Scope of Work. The work to be performed, in general, consists of furnishing all labor, tools, equipment, transportation, and materials required to complete the CAMPBELL LIBRARY RENOVATIONS, PROJECT NO. 23-SS.

Bids are required for the entire work described in the project plans, specifications, and contract documents, and must be submitted on the forms contained therein.

Time for completion of the work is 420 WORKING DAYS.

4. Proprietary Products. Bidders must submit Substitution Request for “or equal” products within 30 days of Contract Award.

5. Contract Documents. Interested parties may view the Contract Documents, which include the following: Notice Inviting Bids, Bid Proposal Forms, Contract, and Special Provisions on the QuestCDN website.

Contract Documents are available for download on QuestCDN by inputting the Project #8578493 on QuestCDN’s Project Search webpage. Fees will be applied for download per QuestCDN. Registered plan holders will receive notification of addenda, and responses to questions posed during bid. Those downloading the Contract Documents assume the responsibility and risk for completeness of the Contract Documents when bidding.

Please contact QuestCDN.com at (952) 233-1632 or [email protected] for assistance in free membership, registration, and for downloading assistance.

6. Bid Security. Each bid shall be accompanied by one of the following forms of bidder’s security: cash, certified or cashier's check drawn upon a responsible bank, or Bid Bond executed by a California admitted surety insurer, made payable to the City of Campbell.

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The bidder’s security shall be in an amount equal to at least ten percent (10%) of the total bid price and shall be conditioned to be forfeited to the City of Campbell in the event that the bidder, if their bid is accepted, does not execute the Contract for this project and provide the required bonds (including, but not limited to, payment and performance bonds), certificates of insurance, and endorsements within ten (10) working days of the mailing to the bidder of the Notice of Award. A bid will not be considered unless one of the approved forms of bidder's security is enclosed with it.

7. Award of Contract. All terms and conditions contained in the contract documents shall become a part of the Contract for this project. The Contractor agrees to honor the submitted Bid Proposal for a period of at least 90-calendar days after the opening of the Bid Proposal. It is anticipated that the Contract for this project will be awarded to the lowest responsible responsive bidder. A bid may be rejected if the City determines that any of the bid item prices are materially unbalanced to the potential detriment of the City.

To the fullest extent permitted by law, the City reserves and maintains the right to reject any and all bids and to waive any bid informality or irregularity at its discretion.

8. Prevailing Rate of Wage. The work contemplated by the contract documents is a public work subject to prevailing wages under California Labor Code Section 1770 et. seq.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. In accordance with Sections 1770 through 1780 inclusive of the California Labor Code, the City has obtained from the Department of Industrial Relations the general prevailing rates of wages in the locality in which the work is to be performed. The Contractor to whom the Contract for this project is awarded and any subcontractors must pay not less than the specified prevailing rates of wages to all workers employed in the execution of the Contract. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and/or the City of Campbell. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates included in the Bid Proposal and Contract for the project shall be posted by the Contractor at a prominent place at the site of the work.

Each Contractor and Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, and the City of Campbell, in the following manner: (a) Monthly, and (b) In a format prescribed by the Labor Commissioner.

9. Substitution of Securities. Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute certain securities for moneys withheld by the City to ensure performance under the Contract, or, in the alternative, may request the City to make payment of retentions earned directly to an escrow agent at Contractor’s expense.

10. Licenses. All bidders, contractors, and subcontractors shall be licensed in accordance with the laws of the State of California. All contractors and subcontractors shall have and maintain a current and valid contractor license of the required classification from the State of California throughout the course of this project. Refer to Section 3 “Award and Execution of Contract”, Subsection 3-1.01D “Contractor License & Registration” for required Class license of the Special Provisions. Failure to possess the specified license at the time the bid is submitted shall render the bid non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at bid submission and result in a forfeiture of the bid security.

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11. Business License. All contractors and subcontractors working in the City of Campbell must have a valid City of Campbell Business License at the time the Contract is awarded.

Business Licenses may be purchased at the Finance Department at 70 N. First Street, Campbell, California. Business License application can be downloaded at:
https://www.ci.campbell.ca.us/152/Business-Licenses

12. Mandatory Pre-Bid Meeting. Prospective bidders are required to attend a mandatory pre- bid meeting. scheduled on July 24, 2023, at 10 am in the City of Campbell Council Chambers located at 70 N. 1st Street, Campbell, CA 95008-1423.

Bids for this project will not be accepted from bidders/contractors that did not attend the Mandatory Pre-Bid Meeting. It is mandatory for prospective bidders to conduct a Pre-Bid Site Review prior to attending the meeting.

13. Mandatory Pre-Bid Site Review. Prospective bidders are required to conduct a review of the project site prior to bid. The purpose of the site visit is to acquaint the bidders with the site conditions and other local conditions that may affect the performance and costs of the work prior to submitting a bid proposal. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed and the quantities of materials to be furnished, and as to the requirements of these Notice Inviting Bids, instructions to bidders, plans and specifications, drawings, special provisions, and the Contract.

14. Apprentices. Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Contractors and subcontractors shall comply with all such requirements concerning the employment and wages of apprentices. Bidder/contractor is responsible for the compliance of its subcontractors with California Labor Code Sections 1777.5, 1777.6 and 1777.7.

15. State of California Department of Industrial Relations (DIR) Registration. This project is subject to compliance monitoring and enforcement by the DIR pursuant to California Labor Code Section 1771.4.

No contractor or subcontractor may be listed on a bid proposal or awarded a contract for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)]. Refer to DIR Registration Statement in the Bid Proposal Forms.

16. Resolution of Construction Claims. Each bidder is hereby notified of California Public Contract Code Section 9204 and Section 9-3 “Claims” of the General Provisions as it relates to resolution of construction claims. All provisions of Public Contract Code Section 9204 are incorporated into and form an integral part of the contract documents for this project. Failure of a public entity to respond to a claim within the time periods described in Public Contract Code Section 9204 shall result in the claim being deemed rejected in its entirety.

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BID PROPOSAL FORMS

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FORMAL BID PROPOSAL

TO THE CITY OF CAMPBELL, CALIFORNIA

FOR CONSTRUCTION OF
CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS

NAME OF BIDDER

BUSINESS ADDRESS

TELEPHONE
TO THE CITY OF CAMPBELL:

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the bidder has carefully examined the site and has full knowledge of and understands all the provisions and contents of this proposal and the documents attached hereto or referenced herein, including, but not limited to, the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994, General Provisions Sections 1 – 9 dated March 2022 (General Provisions), Standard Specifications (SS) and Standard Plans (SSP) dated May 2006 and 2018, and the Project Plans and Specifications entitled:

CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS
Bidder accepts all the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids, plans and specifications, drawings, special provisions, addenda, and Contract.

This bid will remain open for the period stated in the Notice Inviting Bids. If this Bid Proposal is accepted for award, Bidder will enter into a Contract (using the City of Campbell’s standard form) at the unit and/or lump sum prices set forth in following Bid Schedule, and will furnish the insurance certificates and endorsements, Bond for Faithful Performance, Bond for Labor and Materials, Bond for Faithful Performance of Maintenance Period, and Permits required by the Contract Documents within ten (10) working days of the mailing to the bidder of the Notice of Award. Bidder understands that if this Bid Proposal is accepted and the undersigned bidder fails to enter into the Contract, and to furnish the required bonds, insurance certificates and endorsements, in the manner and time prescribed, the City may, at its option, determine that the

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bidder has abandoned its contract, and thereupon this Bid Proposal and the acceptance thereof shall be null and void, and the bid security accompanying this Bid Proposal shall be forfeited to and become the property of the City of Campbell.

Bidder has carefully examined the work site and copies of all the Contract Documents, including, but not limited to, all of the project Addenda. Bidder must include with its Bid Proposal signed and dated copies of all project Addenda. By signing the Addenda, the bidder acknowledges receipt of such Addenda and that all changes reflected in such Addenda are incorporated in the Bid Proposal and final submitted bid pricing.

Accompanying this Bid Proposal are the following documents, completely filled in by the bidder and incorporated herein by reference:

1. Formal Bid Proposal

2. Bid Schedule of Quantities / Unit Costs / Extended Prices (Including Additive Alternatives)

3. Statement of Subcontractors

4. Equal Employment Opportunity Certification

5. Non-Collusion Affidavit

6. DIR Registration Statement

7. Certification Regarding Debarment

8. Public Contract Code Section 10285.1 Statement

9. Public Contract Code Section 10162 Questionnaire

10. Public Contract Code Section 10232 Statement

11. Debarment and Suspension Certification, Title 49, Code of Federal Regulations, Part 29 12. Cash, a cashier’s check made payable to the City, certified check made payable to the City, or Bid Bond executed by a corporate Surety insurer possessing a valid Certificate of Authority issued by the California Department of Insurance, in an amount equal to at least ten percent (10%) of the total bid.

13. Bidders shall submit a copy of their company’s resolution/power of attorney which identifies those who have authority to sign and submit bids and contracts on behalf of the company.

The City may, at its option, request additional or supplemental information after bid opening.

Bidder understands that the City reserves the right to reject any or all bids and to waive any informalities or irregularities in the bidding to the fullest extent permitted by law.

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the project site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress and/or performance of the Work and has made such independent investigations as Bidder deems necessary.

In conformance with California Labor Code Section 1860, et seq., the undersigned bidder confirms and certifies the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

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The bid shall include all work required to develop, administer, and construct the project as described throughout the Contract Documents (including, but not limited to, the Plans and Specifications and drawings) in its entirety. The Bidder shall be responsible for reviewing the descriptions and providing a Bid Proposal that includes an understanding of the total project.

Bidder agrees to complete the Work required under the Contract Documents (including, but not limited to, all Bid Schedules, Statement of Subcontractors, Bidder’s General Information, Non- Collusion Affidavit, and certifications, statements and questionnaires contained in these Bid Forms) within the Contract Time specified, and to accept as full payment the Contract Price based on the Lump Sum or Unit Bid Price(s) listed in the Bid Schedule(s).

If the bidder is an individual, the individual’s full first and last name, together with the signature of the individual shall be set forth below. If bidder is an individual, doing business under a fictitious name, the name of the individual followed by the words "doing business under (insert the fictitious name)", together with the signature of the individual shall be set forth below. If the bidder is a corporation, the legal name of the corporation, together with the signature of the officer(s) of the corporation authorized to sign bids and contracts on behalf of the corporation and such officer’s corporate title, with the corporate seal affixed shall be set forth below. If the bidder is an LLC, the legal name of the LLC shall be set forth below, together with the signature of the officer(s) or manager(s) of the LLC authorized to sign bids and contracts on behalf of the LLC and such officer’s or manager’s title shall be set forth below. If the bidder is a partnership, the legal name of the partnership, if one exists, together with the signature of the partner(s) authorized to sign bids and contracts on behalf of the partnership shall be set forth below. If any of the partners are corporations, execution for such partner(s) shall be accomplished in accordance with the requirements set forth above for corporations. If any of the partners are partnerships, execution for such partner(s) shall be accomplished in accordance with the requirements set forth above for partnerships. If the bidder is a joint-venture, the legal name of the joint-venture, if one exists, together with the names of all joint-venture members comprising the joint-venture, the signature(s) of the manager(s) authorized to sign bids and contracts on behalf of the joint-venture and such manager(s) title shall be set forth below. If any of the joint-venture members are corporations, execution for such joint-venture member shall be accomplished in accordance with the requirements set forth above for corporations. If any of the joint-venture members are partnerships, execution for such joint-venture members shall be accomplished in accordance with the requirements set forth above for partnerships.

Anyone signing the Bid Proposal or any other bid form as an agent of the bidder must submit with the bid package legal evidence of his or her authority to sign such Bid Proposal or other bid form.

If bidder is a corporation, LLC, partnership, joint venture or other legal entity, bidder must submit with the bid package a resolution stating who is authorized to sign bid documents and enter into contracts on the bidder’s behalf. If the signature is by an agent other than an officer of a corporation, or member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening of bids or submitted with the bid; otherwise, the bid may be rejected as non- responsive.

By my signature on this Bid Proposal I certify, under penalty of perjury under the laws of the State of California, that the questionnaire and statements of California Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this Bid Proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the statements made in the Noncollusion Affidavit required by Title 23

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United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

The undersigned declares under penalty of perjury that the information contained in this Bid Proposal and all accompanying bid forms and documents is true and correct.

ADDENDUM ACKNOWLEDGEMENT
BY SIGNING THIS BID PROPOSAL, THE BIDDER ALSO ACKNOWLEDGES ADDENDA NOS. __________________________ AND THAT THE CHANGES CONTAINED THEREIN ARE INCORPORATED AND REFLECTED IN THIS BID PROPOSAL.

Executed on the day of , 2023 _________________________________________

SIGNATURE OF BIDDER
By: ______________________________________
Title: ____________________________________
Name of
Contractor: _______________________________
Address:__________________________________
Telephone: _______________________________
State Contractor License No.: _________________
Classification: _____________________________
Expiration Date: ___________________________
DIR Registration #: _________________________
NOTE--Signature(s) of bidder(s) must be notarized.

NOTE: If any addenda to the contract documents are issued for this project, this Bid Proposal signature page and all associated bid forms must be signed and dated no earlier than the date the last addenda is issued and acknowledged.

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BID SCHEDULE
CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS
BASE BID:

ITEM NO.

ITEM DESCRIPTION LUMP SUM PRICE
1 Furnish all labor, materials, tools, equipment,
transportation, expertise, and incidentals to complete
Campbell Library Renovations Project, in accordance with the contract documents to the satisfaction of the City
Engineer.
$
TOTAL BASE BID:

Total BASE BID Written in Words (Written in Numbers
BID ALTERNATES:

ITEM NO. ITEM DESCRIPTION LUMP SUM PRICE
1 Emergency Generator $
2 Sound Masking System $
3 Acoustic Wall Paneling In Group Study Rooms A,B, & C $ TOTAL BASE BID PLUS ALL BID ALTERNATES (BID ALTERNATES 1 - 3):

Written in Words

Written in Numbers
NOTES:

1. Submittal of bids for alternate bid items is mandatory.

2. The lowest bid shall be the lowest total of the bid prices on the base contract and all the bid alternate items.

3. The City may add or deduct from the contract any of the Bid Alternates after the lowest responsible and responsive bidder has been determined.

4. The City is not obligated to accept any of the Bid Alternates.

5. LUMP SUM PRICE for each Alternate is inclusive of all costs to complete the work described, inclusive of labor, materials, tools, equipment, transportation, expertise, and incidentals, including, but not limited to, fringes, taxes, bonds, insurance, overhead, and profit.

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STATEMENT OF SUBCONTRACTORS
CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS
The Bidder shall list the name, address, the California contractor license number, and public works contractor registration number issued pursuant to California Labor Code Section 1725.5 of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by California Public Contract Code Sections 4100 et seq. and the provisions in Section 8-1.01 “Subcontracting” of the CCSS-General Provision.

NAME OF

SUBCONTRACTOR

ADDRESS OF

SUBCONTRACTOR

LICENSE NUMBER &

LICENSE

CLASSIFICATION

WORK TO BE

PERFORMED BY

SUBCONTRACTOR
DOLLAR

VALUE OF

SUBCONTRACT
SIGNATURE OF BIDDER: ______________________________________________

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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

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NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS

DIR REGISTRATION STATEMENT
To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

By submitting its bid, the bidder certifies to have verified that it and all subcontractors used on this public work project are registered with the State of California Department of Industrial Relations (DIR) in compliance with California Labor Code Sections 1771.1 and 1725.5. The registration numbers of the Bidder and all subcontractors to be used on this project are as follows:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________.

Note: The above DIR Registration Statement is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this DIR Registration Statement.
___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS

CERTIFICATION REGARDING DEBARMENT
To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

By submitting its bid, the bidder certifies in accordance with California Public Contract Code Section 6109 that neither the bidder nor any subcontractor included on the list of proposed subcontractors submitted with the bid is ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109, contractors and subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on public works projects.

Note: The above Certification Regarding Debarment is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Certification Regarding Debarment.
___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance with California Public Contract Code Section 10285.1, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ______, has not ______ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in California Public Contract Code Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Public Contract Code Section 10285.1 Statement is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with California Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the proposer, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

Note: The above Questionnaire is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In accordance with California Public Contract Code Section 10232, the bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the bidder within the immediately preceding two-year period because of the bidder's failure to comply with an order of a federal court which orders the bidder to comply with an order of the National Labor Relations Board.

Note: The above Statement is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies to the best of its knowledge and belief that, except as noted below, it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not, within a three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
d) Have not within a three (3) year period preceding this Bid Proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

The bidder also certifies that, if bidder later becomes aware of any information contradicting the statements above, it will promptly provide that information to the City of Campbell. “Principals” for the purpose of this certification means any owner, partner, director, officer, and/or manager.

If there are any exceptions to this certification, insert the exceptions in the following space:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Note: The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Certification.

Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the proposal.

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In signing this certification, I declare under penalty of perjury that the foregoing certifications are assurances are true and correct.
___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project)

BID BOND FORM

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project)

BID BOND
City of Campbell

KNOW ALL MEN BY THESE PRESENTS,
That we, , as PRINCIPAL, and , as SURETY, are held and firmly bound unto the CITY OF CAMPBELL in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the CITY OF CAMPBELL, acting by and through the Department of Public Works, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned bid to the CITY OF CAMPBELL, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened in the Office of the City Clerk, City Hall, Campbell, California , 2023, for:

CAMPBELL LIBRARY RENOVATIONS - PROJECT NO. 23-SS
NOW, THEREFORE, If the aforesaid Principal is awarded the Contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written Contract, in the prescribed form, in accordance with the bid, and files two bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and files the required insurance policies with the City, all as required by the specifications and the Contract or by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of _____________, 2023.
(Principal) Surety)
By By By
(Attach Acknowledgment of both Principal's and Surety's signature)

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-1

CONTRACT

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-2

CONTRACT

BETWEEN CITY OF CAMPBELL
AND
_____________________________________

FOR CONSTRUCTION OF
CAMPBELL LIBRARY RENOVATIONS - PROJECT NO. 23-SS
THIS AGREEMENT, made and concluded in duplicate, this ______________ , day of ___________, 2023 by and between ______________________________________________ hereinafter referred to as "CONTRACTOR", and the City of Campbell, a Municipal Corporation, hereinafter referred to as "CITY":

ARTICLE I. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by CITY, and under the conditions expressed in the two (2) bonds, bearing event date with these presents, and hereunto annexed, the CONTRACTOR agrees with the CITY, at his own proper cost and expense, to do all the work and furnish all plant, labor, services, tools, equipment, supplies, transportation, utilities, and materials, except such as are mentioned in the Specifications to be furnished by the CITY, necessary to construct and complete to the satisfaction of the City Engineer, in accordance with this Contract, the Notice Inviting Bids, the accepted Bid Proposal, the Plans, the Special Provisions, the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994, General Provisions Sections 1 – 9 dated March 2022 (General Provisions), and Standard Details (SJSD) dated July 1992, Standard Specifications (SS) and Standard Plans (SSP) dated May 2006 and 2018, the Labor Surcharge and Equipment Rental Rates of the California Department of Transportation, and the General Prevailing Wage Rates, each of which documents are on file in the office of the City Clerk and all of which are hereby specifically referred to and by such reference made a part hereof.

The work to be done is shown upon the project plans and specifications entitled, CAMPBELL LIBRARY RENOVATIONS, PROJECT NO. 23-SS, which said project plans, specifications, and referenced specifications are hereby made a part of this Contract.

ARTICLE II. The CITY hereby promises and agrees with the CONTRACTOR to employ, and does hereby employ, the CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions herein set forth; and the CITY and the CONTRACTOR, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-3
ARTICLE III. The CONTRACTOR agrees to receive and accept the prices indicated in the Contractor’s signed proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY, and for all risks connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications, and the requirements of the Engineer, and also for furnishing the required bonds and insurance, and for doing all other things mentioned, contemplated or embraced in this agreement, and the contract documents.

ARTICLE IV. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to his employees.

ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

ARTICLE VI. The improvement contemplated in the performance of this Contract is an improvement over which the CITY shall exercise general supervision. The CITY shall have the right to assume full and direct control over this Contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the United States or the State of California so requires.

ARTICLE VII. The general prevailing wage rates as heretofore specified, and any minimum wage rates indicated in the Special Provisions are hereby specifically referred to and by this reference are made a part of this Contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said Proposal conflicting herewith.

ARTICLE VIII. Contractor shall be responsible for complying with the provisions of California Labor Code Section 1771.1(a) which states: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

ARTICLE IX. Contractor and any subcontractors under the Constructor shall comply with Section 1775 of the California Labor Code regarding prevailing wages.

ARTICLE X. Contractor shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records, as more specifically described in Section 7-1.01A(4) ”Payroll Records” of the General Provisions.

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-4
ARTICLE XI. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices, as more specifically described in Section 7-1.01A(8) “Apprentices” of the General Provisions.

ARTICLE XII. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours, as more specifically described in Section 7-1.01A(2) “Working Hours” of the General Provisions.

ARTICLE XIII. Contractor's attention is directed to Section 7-1.01D “Trench Safety” of the General Provisions, regarding trench excavation.

ARTICLE XIV. In accordance with Section 8-1.07 “Liquidated Damages” of the General Provisions, the sum of Nine Thousand and Five Hundred Dollars ($9,500.00)will be assessed as liquidated damages for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed.

The City further agrees that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or the owner of the utility to move or relocate such utility facilities as set forth in California Government Code Section 4215.

ARTICLE XV. Contractor shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavations that extend deeper than four (4) feet below the surface. No change order issued pursuant to California Public Contracts Code Section 7104 shall provide for any increase in compensation that would exceed the recovery allowed pursuant to Section 7 “Legal Relations and Responsibility” of the Special Provisions.

ARTICLE XVI. The City of Campbell shall notify Contractor of the receipt of any third-party claim relating to this contract within 30 days of receipt. The City of Campbell may recover its reasonable costs incurred in providing such notification, pursuant to subdivision (c) of Public Contract Code Section 9201. Notwithstanding this notification provision, the City of Campbell reserves its full authority to compromise or otherwise settle any claim relating to this contract at any time.

IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written and having fully read and understood the terms and conditions of this contract, acknowledge their agreement to be bound thereby.

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-5

CONTRACTOR
By: ____________________________
Title: ____________________________
(Attach Contractor's Acknowledgment/Signature Must Be Notarized)

CITY OF CAMPBELL
By: _____________________________________
Brian Loventhal
Title: City Manager
ATTEST:
____________________________
Andrea Sanders, City Clerk

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-6

BOND FOR FAITHFUL PERFORMANCE
We, the undersigned , (hereinafter "contractor") and a corporation organized under the laws of the State of ___________________________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of California, in the sum of __________________________________________________Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is:

Because the obligated Contractor has, on , 2023, entered into written Contract with the City for the Project entitled CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS, a copy of which is attached and made a part of this bond, for the construction of the Project.

Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect.

If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the contract excluding the warranty period, if any, provided for in the contract, and venue shall lie in the County of Santa Clara, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, contractor and surety have executed this agreement as of , 2023. (Contractor)
By ______________________________________
Title ____________________________________
(Surety)
By _____________________________________
Address of Surety:
(Attach Acknowledgements) Surety's Bond Number_______________________ (Accompany this bond with Attorney-in-fact's
(Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to include the date of the bond.)

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-7

BOND FOR LABOR AND MATERIAL
We, the undersigned , (hereinafter "Principal") and , a corporation organized under the laws of the State of _______________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 2023, for the CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS, a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said Contract is hereby referred to and made a part hereof.

Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or any of its subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay for the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court.

Now, therefore, we, , as Principal, AND , as Surety, are obligated to the City of Campbell, in the sum of $ , lawful money of the United States, for the payment of which sums will and truly to be made, we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions.

The condition of this obligation is that if Principal, its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay for any labor, materials, or other supplies, used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them, in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attorney's fee, to be fixed by the court.

No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, the parties have executed this agreement as of , 2023. (Principal)
By
(Surety)
By
Address of Surety:

(Attach Acknowledgements)
(Both Principal's and Surety's Bond Number
Surety's Attorney in Fact)
(Accompany this bond with Attorney-in-fact's
authority from Surety to execute the bond
certified to include the date of the bond.)

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Contract C-8

BOND FOR FAITHFUL PERFORMANCE OF MAINTENANCE PERIOD
We, the undersigned , (hereinafter "Principal") and ___________________________________________, a corporation organized under the laws of the State of ______________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of______________________________________________ Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 2023 CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS, for a one year maintenance period of the work described in said Contract, a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said agreement is hereby referred to and made a part hereof. And, the City requires a guarantee from the Principal against defective materials and workmanship in connection with that maintenance.

Now, therefore, the Principal agrees that it shall make all repairs or replacements necessary during the period of one-year from the date of acceptance of the contract work, by reason of defective materials or workmanship in connection with the Contract. If those defective materials or workmanship occur within that period, the City shall give the Principal and Surety written notice of that defect within 60 days after discovery.

When each replacement is made to the satisfaction of the City, the obligation of the Principal and Surety shall be discharged as to that replacement, otherwise to remain in full force and effect, with surety obligated to secure full and faithful performance of all of Principals’ obligations under the above-referenced contract.

Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions of it.

No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, the parties have executed this agreement as of , 20 (Principal)
By
Title

(Surety)
By
Address of Surety:
(Attach Acknowledgements) Surety's Bond Number
(Accompany this bond with Attorney-in-fact's
(Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to include the date of the bond.)

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-1

SPECIAL PROVISIONS

CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS
CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-2

CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS
CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS

SPECIAL PROVISIONS
General
These Special Provisions set forth the conditions or requirements to the control and execution of the work particular to the Campbell Library Renovations Project, No. 23-SS, and supplementary to the City of Campbell Standard Specifications - General Provisions (General Provisions) dated March 2022. The priority of supplementary conditions in these Special Provisions shall be as stated in Section 5-1.05 of the General Provisions. The General Provisions and the supplementary conditions shall apply to all the work every Division, Section, or Subsection of these specifications as if fully repeated in each.

The work embraced herein shall be done in accordance with the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994 and as amended by the General Provisions dated March 2022, and in accordance with the project plans, specifications, and these Special Provisions. The General Provisions is available here:
https://www.ci.campbell.ca.us/210/Details. Attention is also directed to Standard Specifications (SS), and Standard Plans (SSP) dated May 2006 and 2018, portions of which are incorporated into the CCSS, General Provisions, and these Special Provisions by reference.

Full compensation for furnishing all labor, materials, tools, equipment and all incidentals for doing all the work involved in compliance with the Contract Documents shall be deemed included in the price paid for the various other contract bid items and no additional compensation shall be allowed thereof.

GENERAL PROVISIONS
SECTION 1. ABBREVIATIONS AND DEFINITIONS
Please refer to https://www.ci.campbell.ca.us/210/Details for abbreviations and definitions.

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
Mandatory Pre-Bid Meeting
Prospective bidders are required to conduct a review of the project site prior to bid. The purpose of the site visit is to acquaint the bidders with the site conditions and other local conditions that may affect the performance and costs of the work prior to submitting a bid proposal. The Mandatory Pre-Bid is scheduled for July 24, 2023, at 10 am in the City of Campbell Council Chambers located at 70 N. 1st Street, Campbell, CA 95008-1423. Bids for this project will not be accepted from bidders/contractors that did not attend the Mandatory Pre-Bid Meeting. It is

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-3 highly advisable for prospective bidders to conduct a Pre-Bid Site Review prior to attending the meeting.

Examination of Plans, Specifications and Site of Work
Examination of Plans, Specifications and Stie of Work shall conform to the provisions in Section 2-1.03 “Examination of Plans, Specifications, Contract and Site Work” of the General Provisions and these Special Provisions.

Prior to the opening of bids, all questions relative to this project shall be submitted in writing and received no later than 4 PM on August 4, 2023. Questions shall be directed to:

City of Campbell, Public Works Department
70 North First Street, Campbell, CA 95008-1423
Attention: JoAnna Thomason
Email: [email protected]
Telephone: (408) 866-2701
COVID-19
The Contractor shall be responsible for taking steps to protect the health of their employees. The Contractor is subject to the requirements in Cal/OSHA COVID-19 Prevention Non-Emergency Regulations, or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard, and should consult these regulations for additional applicable requirements. Contractor shall also refer to the Santa Clara County Public Health Guidelines for other requirements.

SECTION 3. AWARD AND EXECUTION OF CONTRACT
Determination Of Low Bid
Determination of Low Bid shall conform to the provisions in Section 3, “Award and Execution of Contract” of the General Provisions and these Special Provisions.

Per Section 3-1.01 “Award of Contract” of the General Provisions, the determination of the low bid will be based upon the total of the bid prices on the base contract and all the bid alternate items.

Bid Protests
Bid Protests shall conform to the provisions in Section 3-1.09, “Protesting of Bid Award” of the General Provisions and these Special Provisions.

Bid Protests are to be delivered to the following:

City of Campbell City Clerk
70 North First Street, Campbell, CA 95008-1423
[email protected]
Tel: (408) 866-2117

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-4 Execution of Contract
Execution of Contract shall conform to the provisions in Section 3-1.02, “Execution of Contract” of the General Provisions and these Special Provisions.

The electronic executed Contract Documents including the notarized acknowledgement of the Contractor’s signature shall be emailed to: [email protected] with the subject line referencing “Executed Contract Documents for CAMPBELL LIBRARY RENOVATIONS PROJECT NO. 23-SS”.

Contractor Licenses and Requirements
For this project, the Prime Contractor shall possess a valid Contractor License as specified and required in the prequalification process in 2022; license and registration shall conform to Section 3-1.01D of the General Provisions and these Special Provisions. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award the Contract to any bidder not possessing said license at the time of bid and forfeiture of the bid will result.

SECTION 4. SCOPE OF WORK
Description of Work
The work to be performed, in general, consists of furnishing all labor, tools, equipment, transportation, and materials required to complete the CAMPBELL LIBRARY RENOVATIONS, PROJECT NO. 23-SS.

Locations of Work
The project is located at 77 Harrison Avenue, Campbell, CA 95008 within the City of Campbell:
https://goo.gl/maps/iDEkPmHuRcYMj8HfA
Price Adjustment
Price Adjustment shall conform to the provisions in Section 4-1.03C, “Price Adjustment” of the General Provisions and these Special Provisions by incorporating the following:

ADD to force account:
• Travel and Lodging
ADD to end of paragraph 3:
• For authorized changes performed by tier subcontractors of all levels below the first-tier subcontractor: fifteen percent (15%), plus five percent (5%) profit to the first-tier subcontractor, plus five percent (5%) profit to the Contractor (a total of twenty-five percent (25%)). Mark-ups beyond the second tier will not be accepted.

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-5 SECTION 5. CONTROL OF WORK
Order of Work
Order of Work shall conform to the provisions in Section 5-1.06, “Order of Work” of the General Provisions and these Special Provisions.

At least ten (10) working days before any work is started, the Contractor shall furnish to the Engineer a written schedule for the work. Additionally, Contractor shall submit any request for approval for special traffic consideration including but not limited to lane closures, etc. The Contractor shall thenceforth adhere diligently to said written schedule in the execution of the work.

The schedule shall identify the day and time work is proposed on the given street.

Inspection
Inspection shall conform to the provisions in Section 5-1.09, “Inspection” of the General Provisions and these Special Provisions by incorporating the following:

ADD 5-1.09B INSPECTION OF MATERIALS NOT LOCALLY PRODUCED Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent.

Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements.

Project Appearance
Project Appearance shall conform to the provisions in Section 5-1.16, “Project Appearance” of the General Provisions and these Special Provisions by incorporating the following:

SECTION 5-1.16A CONTRACTOR EQUIPMENT STAGING AND GOOD NEIGHBOR

GUIDELINES

1. ADD the following two (2) bullet points after the sixth bullet point:
• SIGN MATERIALS Structure and Framing: New wood and structurally adequate for required design and duration. Sign Surfaces: Exterior grade plywood with medium density overlay, minimum ¾ - inch thick, Grade A-C plywood, 48” x 96” size. Rough Hardware: Galvanized. Paint and Primers:

Exterior quality, two coats over appropriate primer. Background of color as selected and approved by Architect and Construction Manager. • Provide two digitally plotted signs, laminated, backed, and mounted with the bottom of the sign +36” above grade. The plotted image shall be 4-

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-6 color bubble jet digital output, or similar print quality, on a one-piece 5 mil vinyl sheet, with UV safe or solvent-based inks suitable for color retention in outdoor setting for 24 months.

2. ADD 5-1.16B FACILITIES FOR AGENCY PERSONNEL
A. Contractor shall furnish and maintain throughout the duration of the project a minimum “Class A” 12’W x 60’L Field Office (prefabricated or mobile unit with serviceable finishes by Willscot or equal). This office shall have a minimum floor space of 600 SF, all weather flooring surface, integrated restroom facilities, Heating and cooling capacity, two (2) exterior doors and multiple windows of not less than a combined total of 60 SF. Windows shall be provided with security screens and window coverings (blinds). The Field Office shall have a minimum of two (2) separate rooms, and a private restroom within the trailer for the use of the occupants only, with an adjoining conference area in the middle. Keep the office clean and orderly. Furnish and equip offices as follows:
a. Office related Furniture and equipment shall be provided as follows and be in new or near new condition upon arrival; two (2) standard 1.5m (5 feet) long double pedestal desk with a drawer suitable for holding files, one (1) ergonomic desk chair (La-z-boy Wickingham or equal), one (1) 6’ tall adjustable 5- shelf bookcase, one (1) 36” x 48” Wall mounted Dry-Erase Boards four (4) 6’ long white folding tables, two (2) 4’ long white folding table, and twelve (12) folding chairs.
b. Electric power shall be provided to include 120-V ac duplex receptacles, with no fewer than one receptacle on each wall.

Lighting fixtures capable of maintaining average illumination of 20 fc (215 lx) at desk height. An outdoor photocell sensor light fixture with a 300-watt bulb shall be installed.
c. Provide a dedicated high-speed Internet connection capable of 100 Mbps with wireless router for secure Wi-Fi connection.

Include IT support for network / Internet / printer /wireless setup and service as required. Mobile (Cellular) hotspot is unacceptable and will only be considered after all possible solutions have been identified and detailed by the Contractor.

Approval of mobile hotspot will require a minimum of (2) hotspots under different accounts. Must be reviewed and approved by Construction Manager prior to acceptance.
d. Provide a Provide a multi-function laser color printer /copier/fax/scanner capable of printing 50 ppm color/55 B&W and ability to print on letter (8½”x11”), legal (8½”x14”) and ledger (11”x17”) size paper. Copy Resolution 1200 x 2400 dpi.

Connectivity – Wireless Ethernet 802.11b. Provide paper, toner/ink and maintenance/service.

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Special Provisions SP-7 e. Provide two (2) 27-inch computer monitors with native resolution of 1920 x 1080 and HDMI inputs.
f. Large 65” diagonal minimum wall hung flat screen with tele- conferencing camera and microphone for use by City or its representative during construction meetings. Must be able to access hi-speed internet connection and capable of wireless pairing with MS Window and/Google Chrome based machines. g. The Contractor shall provide bottled drinking water service and drinking water supplies such as disposable cups and a
refrigerator w/ separate Freezer door with minimum 4.4 cu ft capacity.
h. Integral Sanitary facilities including a toilet and wash basin with hot and cold running water. Facility may need the use of a water tank (including pumps, water lines, electric water heater, etc.) and sewage holding tanks as required to achieve and maintain a fully operating sanitary facility. Toilet room supplies including toilet paper, toilet seat covers, and a trash can with disposable liners.
i. Provide weekly cleaning services for field office, trailer and on- site toilet facilities, including trash collection, and cleaning of associated furnishings and equipment.
j. Field office and support equipment shall remain on-site for the duration of the project (excluding maintenance period). Field office may need to be relocated, at contractor’s expense, during the course of construction in order to facilitate final construction activities. This shall be detailed in Construction Staging plan for approval and be part of the cost to maintain the trailer on-site.

Pre-Construction Conference
In accordance with Section 5-1.17 “Conferences” of the General Provisions, a pre-construction conference will be held shortly after the contract award The Contractor’s Project Manager and Superintendent shall attend the pre-construction conference. The Contractor is welcome to invite Project Foremen from their subcontracts to the conference. The Contractor shall prepare in advance the Critical Path Method (CMP) schedule in accordance with Section 8-1.04 “Schedule” of the General Provisions for discussion at the pre-construction conference.

Submittals
Submittals shall conform to the provisions in Section 5-1.20, “Submittals” of the General Provisions, Technical Specifications, and these Special Provisions by incorporating the following:

ADD: ELECTRONIC SUBMITTAL PROCEDURES
A. Summary:
a. Shop drawing and product data submittals shall be transmitted to Architect in electronic (PDF) format using Submittal

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b. The intent of electronic submittals is to expedite the construction process by reducing paperwork, improving
information flow, and decreasing turnaround time.
c. The electronic submittal process is not intended for color samples, color charts, or physical material samples.

B. Procedures:
a. Submittal Preparation - Contractor may use any or all of the following options:
i. Subcontractors and Suppliers provide electronic (PDF) submittals to Contractor via the Submittal Exchange
website.
ii. Subcontractors and Suppliers provide paper submittals to General Contractor who electronically scans and
converts to PDF format.
iii. Subcontractors and Suppliers provide paper submittals to Scanning Service which electronically scans and
converts to PDF format.
b. Contractor shall review and apply electronic stamp certifying that the submittal complies with the requirements of the Contract Documents including verification of manufacturer / product, dimensions and coordination of information with other parts of the work.
c. Contractor shall transmit each submittal to Architect using the Submittal Exchange website, www.submittalexchange.com . d. Architect / Engineer review comments will be made available on the Submittal Exchange website for downloading.

Contractor will receive email notice of completed review. e. Distribution of reviewed submittals to subcontractors and suppliers is the responsibility of the Contractor.
f. Submit paper copies of reviewed submittals at project closeout for record purposes in accordance with Section 017700 – Closeout Procedures
C. Costs:
a. The cost of Submittal Exchange services has been paid in full by the Owner.
b. At Contractor’s option, training is available from Submittal Exchange regarding use of website and PDF submittals.

Contact Submittal Exchange at 1-800-714-0024.
c. Internet Service and Equipment Requirements:
i. Email address and Internet access at Contractor’s
main office and onsite construction office.
ii. Adobe Acrobat (www.adobe.com), Bluebeam PDF
Revu (www.bluebeam.com), or other similar PDF
review software for applying electronic stamps and
comments.

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a. The Contractor shall use Submittal Exchange to upload the following:
i. Submittals
ii. RFI’S
iii. Substitution requests
iv. Contractor Daily Reports
v. Contractor Daily Progress Photos
vi. SWPPPS Log Documents (ALL QSP Reports)
vii. PCOs
viii. Change Orders
ix. Permits
x. Pay Applications
xi. Any type Official Correspondences
SECTION 6. CONTROL OF MATERIALS
Materials Testing
Materials testing shall be done in accordance with the City of Campbell Quality Assurance Program (QAP), City of Campbell Standard Specifications (CCSS & General Provisions) dated July 1994 & March 2022, respectively, and in accordance with the project plans and specifications. Attention is also directed to the Standard Specifications (SS) dated 2006 and 2018, portions of which are incorporated into the CCSS and these Special Provisions by reference.

Contractor Quality Control
The Contractor will be required to submit quality control (QC) test results to the City. QC shall be in compliance and shall conform to the requirements noted in the 2018 SS unless otherwise noted herein these Special Provisions.

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Insurance Requirements
As prescribed under Section 7-1.11B “Insurance Requirements” of the General Provisions, the Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Unless otherwise specified herein these Special Provisions or authorized by the Public Works Director, the following shall be required.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage “occurrence” form CG 0001 (Ed. 11/85)

2. Insurance Services Office form number CA 001 (Ed. 1/87) covering Automobile Liability code 1 (any auto).

3. Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

Minimum Limits of Insurance

1. General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000.00 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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1. Endorsements must name the Contractor, the City, its officers, officials, employees, volunteers, and agents as well as the County of Santa Clara, members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively as additional insureds.

2. The City, its officers, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to the liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

3. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Campbell, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City of Campbell.

5. The Contractor shall procure and maintain Course of Construction insurance for those projects with “Construction Risk” as defined by the City Engineer and as specifically required in these Special Provisions. Course of Construction policies, if required, shall name the City of Campbell as loss payee, and the insurer shall waive all rights of subrogation against the City.

Workers’ Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City of Campbell.

Acceptability of Insurers
Unless otherwise approved, insurance is to be issued by an issuer with a current A.M. Best Rating of A:VII and be authorized to transact business in the State of California.

Verification of Coverage
Contractor shall furnish the City with original certificates of insurance and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications, at any time.

Permit number and address or project number and address shall be clearly stated on all insurance documents.

Subcontractors

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Public Safety
Public Safety shall conform to the provisions in Section 7-1.08 "Public Safety," of the General Provisions and these Special Provisions.

The Contractor shall maintain a safe workplace throughout the job including, but not limited to, maintenance of barricades, maintenance of safe pedestrian walkways and handicap access throughout or around the project site, and maintenance of pavement within the limits of the roadway and driveways with a suitable traffic-bearing surface. The Contractor shall fulfill the requirements of this Section 24 hours per day, seven days a week, including holidays, from the time of the Notice to Proceed is issued until the project is formally accepted.

The Contractor shall conform to the City’s Storm Water Pollution Control Ordinance and Best Management Practices (BMP) for the Construction Industry preventing contamination of the City’s storm drain system. A copy of the Ordinance and the BMP’s are included in Appendices List.

Prevailing Wage
Attention is directed to Section 7-1.01A (3) “Prevailing Wage” of the General Provisions.

Specifically, Contractor shall comply with and ensure that all Subcontractors comply with prevailing wage laws (including but not limited to the California Labor Code), regulations, and determinations published by the Department of Industrial Relations (DIR) for the State of California – as indicated on the following website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm/.

Copies of the applicable California Prevailing Wage Rates for this project can be found in Appendix XI.

Water Pollution
Water Pollution shall conform to the provisions in Section 7-1.0F, “Water Pollution” of the General Provisions and these Special Provisions by incorporating the following:

ADD: Contractor shall comply with all requirements of the Project’s Storm Water Pollution Prevention Plan.

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Subcontracting
Subcontracting shall conform to the provisions in Section 8-1.01, “Subcontracting” of the General Provisions and these Special Provisions by incorporating the following:

DELETE paragraph two (2) in its entirety:

The Contractor shall perform not less than 30 percent of the Contract Sum, except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the original total Contract Sum before computing the amount of work required to be performed by the Contractor with the Contractor’s own
organization.

Hours of Work
Hours of Work shall conform to the provisions in Section 8-1.06 “Time of Completion” of the General Provisions unless otherwise approved in writing by the Engineer or specified in these Special Provisions.

The work hours will be strictly enforced. The Engineer has full authority to implement the working hours and completely shut down the construction operations outside the hours of work specified.

Should the provisions of this section not be met, liquidated damages of Five Hundred Dollars ($500.00) for every 60-minute time period (or portion thereof) beyond the hours of work allowable shall be withheld from moneys due to the Contractor.

Time of Completion
Time of Completion shall conform to the provisions in Section 8-1.06, “Time of Completion” of the General Provisions and these Special Provisions by incorporating the following:

Part 4 paragraph 2 ADD the following:

Estimated climatic average range of adverse weather days (based on working days)
January – 3
February – 4
March – 3
April – 2
October – 1
November – 3
December – 4
The Contractor shall diligently prosecute the work to completion before the expiration of 420 WORKING DAYS after the date of the first working day. The time of completion shall include all allowances for mobilization and total completion of all work including final punch list work and final clean up. Working days shall be as shown on the Construction Workday Calendar contained in Appendix VII.

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Liquidated damages shall conform to the provisions in Section 8-1.07 “Liquidated Damages” of the General Provisions and these Special Provisions.

Time is of the essence for completion of this project. The Contractor shall pay to the City of Campbell the sum of Nine Thousand and Five Hundred Dollars ($9,500.00) per day for each and every calendar day delay in the finishing of the work in excess of working days prescribed above. Liquidated damages shall also be assessed for non-compliance with the requirements stated in "Hours of Work" and Section 10-2, "Traffic Control and Public Safety.” SECTION 9. MEASUREMENT, PAYMENT, AND CLAIMS
Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in compliance with the General Provisions and these Special Provisions Sections 1 – 9, shall be deemed included in the price paid for other contract items and no additional compensation shall be allowed therefore.

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APPENDICES

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Appendix I:

Existing Drawings 1973

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Appendix II:

Existing Drawings 1986 Remodel

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Appendix III:

Hazmat Report & Specifications

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Appendix IV:

Arborist Report

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Tree Inventory, Assessment,
and
Protection Report
Campbell Library
77 Harrison Avenue
Campbell, CA 95008
Prepared for:

City of Campbell
November 8, 2021

Prepared By:

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Tree Inventory, Assessment
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November 8, 2021
Table of Content
Summary ...............................................................................................................1 Introduction ...........................................................................................................1 Background
............................................................................................................1 Assignment
.............................................................................................................1 Limits of the assignment
........................................................................................1 Purpose and use of the report
................................................................................2 Observations .........................................................................................................2 Plans
.......................................................................................................................2 Tree Inventory
.........................................................................................................2 Discussion .............................................................................................................6 Condition Rating
.....................................................................................................6 Suitability for Preservation
......................................................................................7 Expected Impact Level
...........................................................................................8 Tree Protection
.....................................................................................................10 Conclusion ..........................................................................................................12 Recommendations .............................................................................................13 Appendix A: Tree Inventory and Protection Plan Sheet ..................................15 A1: Tree Locations and Summary
........................................................................15 A2: L0.1 Tree Protection Sheet
.............................................................................16 Appendix B: Tree Inventory Summary Table ....................................................17 Appendix C: Photographs ..................................................................................18 C1: Magnolias #96 and #94
..................................................................................18 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

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Tree Inventory, Assessment
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November 8, 2021
C2: Magnolias #92 and #93
..................................................................................19 C3: Coast Redwood #97
......................................................................................20 C4: Crape Myrtles #50, #51, #52
..........................................................................21 C5: Magnolias #6 and #7
......................................................................................22 C6: Trident Maple and Coast Redwood #49
........................................................23 Appendix D: Tree Protection Guidelines ...........................................................24 D1: Plan Sheet Detail S-X (Type I)
........................................................................24 D2: Plan Sheet Detail S-Y (Type III)
......................................................................25 Prohibited Activities
..............................................................................................26 Pre-Construction Meeting with the Project Arborist
.............................................26
Tree Protection Zones and Fence Specifications
.................................................27
Monitoring
............................................................................................................27 Restrictions Within the Tree Protection Zone
.......................................................27 Root Pruning
.........................................................................................................28 Boring or Tunneling
...............................................................................................28 Timing
...................................................................................................................28 Tree Pruning and Removal Operations
.................................................................28 Tree Protection Signs
...........................................................................................28 Appendix E: Tree Protection Signs ....................................................................29 E1: English
............................................................................................................29 E2: Spanish
...........................................................................................................30 Qualifications, Assumptions, and Limiting Conditions ...................................31 Certification of Performance.............................................................................32 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]

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Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Summary
The plans are to renovate the library including the exterior of the building and the surrounding landscape. The renovations will include grading, exterior building waterproofing, new walkways, and ingress and egress from the building. The inventory contains fifteen trees comprised of four different species including three (3) crape myrtle, seven (7) southern magnolia, four (4) coast redwood, and one (1) trident maple.

Seven trees are in good condition, four fair, and four are in poor shape. Three trees have good suitability for retention, ten fair and two are poorly suited. Two trees will be highly impacted depending on the plans which are coast redwood (Sequoia sempervirens) #97 and a small maple (Acer buergerianum), both poorly suited for retention. Four trees will be moderately impacted which include the four southern magnolias (Magnolia grandiflora) along the west side (#92, #93, #94, and #96). The remaining seven trees including three coast redwoods (#87, #88, and #49), southern magnolia #4, and three crape myrtles (Lagerstoemia indica) (#50, #51, and #52) will not be adversely affected. This project will require tree protection fence around those retained except for coast redwood #97 which will require trunk protection, monitoring, and alternative construction techniques. The area under coast redwood #97 will be highly impacted by drainage retrofitting, grade changes, and the required excavation for waterproofing the corner of the building. Although coast redwood #97 is an important
community tree removal should be explored due to its location and potential longevity, especially after construction.

Introduction
Background

The City of Campbell asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning
requirements.

Assignment
• Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings.
• Provide tree protection specifications, guidelines, and impact ratings for those affected by the project.

Limits of the assignment
• The information in this report is limited to the condition of the trees during my inspection on August 17, 2021. No tree risk assessments were performed.
• Tree heights and canopy diameters are estimates.

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Tree Inventory, Assessment
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November 8, 2021
• The plans reviewed for this assignment were as follows (Table 1). Purpose and use of the report
The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the City of Campbell and the property owners as a reference for existing tree conditions to help satisfy planning
requirements.

Observations
Plans
The plans are to renovate the library including the exterior of the building and the surrounding landscape. The renovations will include grading, exterior building waterproofing, new walkways, and ingress and egress from the building.

Tree Inventory

21.32.050 Protected trees.

Except as otherwise provided in Section 21.32.060,
(Exemptions) the following trees are classified as protected trees and shall not be removed from private property without approval of a tree removal permit:

Table 1: Plans Reviewed Checklist
Plan Date Sheet Reviewed Source
Existing Site
Topographic
C2.0 Yes BKF Engineers,
Inc.

Proposed Site
Plan
G1.00,
G1.01
Yes Jayson
Architecture
Erosion
Control
No
Grading and
Drainage
C5.01,
C5.02
Yes BKF Engineers,
Inc.

Utility Plan
and Hook-up
locations
C6.00 Yes BKF Engineers,
Inc.

Exterior
Elevations
No
Landscape
Plan
09/20/
2019
L1.00 -
L1.04,
L3.00 -
L3.02
No Joni L. Janecki
& Associates
Irrigation Plan 09/20/
2020
L2.00 -
L2.04
No Joni L. Janecki
& Associates
T-1 Tree
Protection
Plan
09/20/
2021
L0.01,
L0.02
Yes Joni L. Janecki
& Associates
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Tree Inventory, Assessment
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November 8, 2021
A. The following trees are protected on all properties in all zoning districts:

1. Heritage trees designated in compliance with Section

21.32.130, (Heritage tree designations); and

2. Any tree shown on an approved landscaping plan or
required to be planted or retained as a condition of approval of a development application, a building permit, or a tree removal permit;
B. For trees on all commercial, industrial, multi-family residential, mixed-use, and undeveloped single-family
residential properties in all zoning districts, any tree or multi- trunk tree with at least one trunk measuring twelve inches or greater in diameter (thirty- eight inches or greater in circumference), measured four feet above the adjacent grade.

C. For developed single-family residential properties, trees or multi-trunk trees with at least one trunk measuring twelve inches or greater in diameter (thirty-eight inches or greater in circumference) of the following species:

1. Oak (Quercus);

2. Redwood (Sequoia);

3. Cedar (Cedrus);

4. Ash (Fraxinus).

The inventory contains fifteen trees comprised of four different species including three (3) crape myrtle, seven (7) southern magnolia, four (4) coast redwood, and one (1) trident maple (Chart 1). Southern magnolias #4, #6, and #7 are included in this report because public works will need to replace the sidewalk for ADA compliance in conjunction with the project.

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Tree Inventory, Assessment
and Protection Report
November 8, 2021
The table below indicates the trees assessed around the site. Included in the observations are the condition assessment components (health, structure, and form) to obtain an overall rating (Table 2).

Table 2: Tree Inventory and Assessment Observations
Tree Species I.D. # Trunk
Diameter (in.)
~ Height
(ft.)
~ Canopy
Diameter (ft.)
Health Structure Form Condition
trident maple (Acer buergerianum) 0 3 10 10 Good Good Good Good southern magnolia (Magnolia grandiflora) 4 15.5 30 30 Poor Good Good Fair southern magnolia (Magnolia grandiflora) 6 17 35 35 Fair Fair Good Fair southern magnolia (Magnolia grandiflora) 7 20 35 35 Fair Fair Good Fair coast redwood (Sequoia sempervirens) 49 35 75 40 Good Good Good Good crape myrtle (Lagerstoemia indica) 50 5.5 20 20 Good Good Good Good crape myrtle (Lagerstoemia indica) 51 6 20 20 Good Good Good Good crape myrtle (Lagerstoemia indica) 52 5.8 20 20 Good Good Good Good coast redwood (Sequoia sempervirens) 87 19.2 55 35 Good Good Good Good coast redwood (Sequoia sempervirens) 88 18.5 55 35 Good Good Good Good southern magnolia (Magnolia grandiflora) 92 12 25 25 Poor Good Good Poor southern magnolia (Magnolia grandiflora) 93 17 25 25 Poor Good Good Poor southern magnolia (Magnolia grandiflora) 94 12 25 25 Poor Good Good Poor southern magnolia (Magnolia grandiflora) 96 9 25 25 Poor Good Good Poor coast redwood (Sequoia sempervirens) 97 39 75 40 Fair Fair Poor Fair Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 4 32

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Tree Inventory, Assessment
and Protection Report
November 8, 2021
The image below indicates the stunted growth and transparent crowns of the magnolias (#96 and #94) and the missing top of the coast redwood (#97) (Image 1).

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IMAGE 1: MAGNOLIAS AND COAST REDWOOD WITH HEALTH AND STRUCTURAL DEFECTS OR

CONDITIONS
#96
#97
#94

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November 8, 2021
Discussion
Condition Rating
A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating.

• 100% - Exceptional = Good health and structure with
significant size, location or quality.
• 61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site.
• 41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major
asymmetry or deviation from the species normal habit,
function and aesthetics compromised.
• 21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use.
• 6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape.
• 0-5% - Dead/Unstable = Dead or imminently ready to fail.

Seven trees are in good condition and include the three crape myrtles (#50, #51, #52), three coast redwoods (#88, #87, and #49), along with the small trident maple (no # tag) (Chart 2).

Four trees are in fair condition including three southern magnolias not part of the scope along the 1st Street right-of- way (#4, #6, and #7). The remaining four trees are in poor condition and include all the southern magnolias adjacent to the park area (#92, #93, #94, and #96).

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Tree Inventory, Assessment
and Protection Report
November 8, 2021
Suitability for Preservation
A tree’s suitability for preservation is determined based on Functional and External Limitations (ISA, 2019). 1
• Good = Trees with good health, structural stability and longevity.
• Fair = Trees with fair health and/or structural defects that may be mitigated through treatment. These trees require more intense management and monitoring, and may have shorter life spans than those in the good category.
• Poor = Trees in poor health with significant structural defects that cannot be mitigated and will continue to decline
regardless of treatment. The species or individual may
possess characteristics that are incompatible or undesirable in landscape settings or unsuited for the intended use of the site.

Three coast redwoods #87, #88, and #49 have good suitability for retention because they are healthy and receiving adequate water to thrive (Chart 3). Ten trees have fair suitability for preservation including all the southern magnolias, including those in poor health. The two trees with poor suitability are the small maple tree which can easily be replaced and the coast redwood #97 which is growing within three feet of the building.

It is possible the magnolias can be resuscitated with proper irrigation although they are currently in poor health and drought stressed.

It is understood coast redwood #97 has cultural significance in the community and is used as a ceremonial tree for holiday lighting. However, the species, location, water needs, and condition of this tree (including a missing top) result in less than desirable suitability.

Functional Limitations are based on factors associated with the tree’s interaction to its planting site affecting plant condition, limiting plant 1 development, or reducing the utility in the future and include genetics, placement, and site conditions for the individual tree (ISA, 2019). External Limitations are outside the property, out of control of the owner and also affect plant condition, limit plant development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests) (ISA, 2019).

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Tree Inventory, Assessment
and Protection Report
November 8, 2021
Expected Impact Level
Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating:
• Low = The construction activity will have little influence on the tree.
• Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems.
• High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope.

Two trees will be highly impacted depending on the plans which are coast redwood #97 and the small maple tree, both poorly suited for retention. The two trees indicated as “moderate-high” are the southern magnolias #6 and #7 adjacent to the existing sidewalk that will need to be replaced for ADA compliance through public works. Four trees will be
moderately impacted which include the four southern
magnolias along the west side (#92, #93, #94, and #96). The remaining seven trees including three coast redwoods (#87, #88, and #49), magnolia #4, and three crape myrtles (#50, #51, and #52) will not be adversely affected if protection is in place and irrigation is maintained as planned.

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Tree Inventory, Assessment
and Protection Report
November 8, 2021
The table below indicates the trees, what could affect them, and the expected impact rating (Table 3).

Table 3: Expected Impacts
Tree Species I.D. # Trunk
Diameter (in.)
Condition Suitability What is Impacting the tree? Expected Impact
trident maple (Acer buergerianum) 0 3 Good Poor New entry design High southern magnolia (Magnolia grandiflora) 4 15.5 Fair Fair Tree is not affected Low southern magnolia (Magnolia grandiflora) 6 17 Fair Fair New sidewalk installation Moderate- High
southern magnolia (Magnolia grandiflora) 7 20 Fair Fair New sidewalk installation Moderate- High
coast redwood (Sequoia sempervirens) 49 35 Good Good Tree is not affected Low crape myrtle (Lagerstoemia indica) 50 5.5 Good Fair Tree is not affected Low crape myrtle (Lagerstoemia indica) 51 6 Good Fair Tree is not affected Low crape myrtle (Lagerstoemia indica) 52 5.8 Good Fair Tree is not affected Low coast redwood (Sequoia sempervirens) 87 19.2 Good Good Tree is not affected Low coast redwood (Sequoia sempervirens) 88 18.5 Good Good Tree is not affected Low southern magnolia (Magnolia grandiflora) 92 12 Poor Fair Slope cut and poor health Moderate southern magnolia (Magnolia grandiflora) 93 17 Poor Fair Slope cut and poor health Moderate southern magnolia (Magnolia grandiflora) 94 12 Poor Fair Slope cut and poor health Moderate southern magnolia (Magnolia grandiflora) 96 9 Poor Fair Slope cut and poor health Moderate coast redwood (Sequoia sempervirens) 97 39 Fair Poor Drainage, building waterproofing, retaining wall,
grade changes
High
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Tree Inventory, Assessment
and Protection Report
November 8, 2021
Tree Protection
Tree protection focuses on avoiding damage to the roots, trunk, or scaffold branches (Appendix D). The most current accepted method for determining the TPZ is to use a formula based on species tolerance, tree age/vigor, and trunk diameter (Matheny, N. and Clark, J. 1998) (Fite, K, and Smiley, E. T., 2016). Preventing mechanical damage to the trunk from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle or using vertical timbers (Appendix D).

This project will require tree protection fence around all trees to be retained except for coast redwood #97 which will require trunk protection, monitoring, and alternative construction techniques. The protection plan will require fence to exclude equipment and personnel from entering the area under the trees, mulch, functional and monitored irrigation, and selective root pruning. For magnolias #92, #93, #94, and #96 the tree protection zone has been established at twelve feet (12’) which is twelve times the trunk diameter radius in feet (or more) for all the trees except #93, which is the largest of the four. These distances will allow for adequate root zone protection if supplemental watering is implemented as planned. There are numerous surface roots because the trees were historically growing in irrigated turf. These roots should be pre-excavated and cut clean where the limits of excavation are located.

The area under coast redwood #97 will be highly impacted by drainage retrofitting, grade changes, and the required excavation for waterproofing the corner of the building. Using a Hydrovac or other pneumatic device such as an Air Spade® may be required to perform the necessary trenching and excavation in close proximity to the tree, if it is retained. Due to the size of the tree and the close proximity it is not possible to obtain the typical tree protection zone of eight times the trunk diameter distance or more in radius for the mature specimen and tolerant species (Fite, K, and Smiley, E. T., 2016). ISA Best Management Practices: Root Management (2017) states cutting roots at three times the diameter can result in loss of stability and anything closer would result in “severe loss of stability.”
The sidewalk renovation adjacent to trees #6 and #7 will be replaced in the same location as the existing. Care will need to be taken when installing the new sidewalk adjacent to the trees. Preventing mechanical damage to the trunks from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle or bracing with vertical timbers (Appendix D). The most damaging part of the sidewalk installation is the sub-base excavation and compaction. To construct the sidewalk near the trees it may require little to no sub-base treatment within ten feet of the trunks. It may be possible to raise the sidewalk to bridge over the area around the trees preserving roots underneath. This could be accomplished by raising grade, using reinforced concrete, and/or strategically placing expansion joints to allow for panels to be removed and replaced easily in the future.

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Tree Inventory, Assessment
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November 8, 2021
The ANSI A300 Part 5, 2019 Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction) states the following:

Section 55.1.3
The (Tree Protection Zone) TPZ radius should be 6-18 times the trunk diameter (DBH) Section 55.1.4
When the minimum TPZ radius cannot be achieved, appropriate mitigation shall be recommended.

In accordance with the ANSI Standard, mitigation for this project for all root cutting (trees #6, #7, #97, #92, #93, #94, and #96) could include exploratory trenching adjacent to the trees and selective root removal. For trees #97, #6, and #7 there is a chance this could increase the likelihood of structural failure. The trees could cross the sidewalk, roadway, or land in the park if they becomes unstable due to root removal or cutting.

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Tree Inventory, Assessment
and Protection Report
November 8, 2021
Conclusion
The plans are to renovate the library including the exterior of the building and the surrounding landscape. The renovations will include grading, exterior building waterproofing, new walkways, and ingress and egress from the building. The inventory contains fifteen trees comprised of four different species including three (3) crape myrtle, seven (7) southern magnolia, four (4) coast redwood, and one (1) trident maple. Seven trees are in good condition including three crape myrtles (#50, #51, #52), three coast redwoods (#88, #87, and #49), along with the small trident maple (no # tag). Four trees are in fair condition including three southern magnolias along Civic Center Drive right-of-way (#4, #6, and #7) and coast redwood #97. The remaining four trees are in poor condition and include all the southern magnolias adjacent to the park area (#92, #93, #94, and #96). Three coast redwoods #87, #88, and #49 have good suitability for retention because they are healthy and receiving adequate water. Ten trees have fair suitability for preservation including all the southern magnolias. Two trees are poorly suited and include the small trident maple which can easily be replaced and the coast redwood #97 which is growing within three feet of the building and will likely sustain significant impacts from construction. It is understood coast redwood #97 has cultural significance in the community and is used as a ceremonial tree for holiday lighting.

However, the species, location, water needs, condition (including a missing top), and expected impacts result in less than desirable suitability. Two trees will be highly impacted depending on the plans which are coast redwood #97 and the small maple tree, both poorly suited for retention. The two trees indicated as “moderate-high” impact are the southern magnolias #6 and #7 adjacent to the existing sidewalk needing replacement for ADA compliance. Five trees will be moderately impacted which include the four southern magnolias along the west side (#92, #93, #94, and #96). The remaining seven trees including three coast redwoods (#87, #88, and #49), magnolia #4, and three crape myrtles (#50, #51, and #52) will not be adversely affected if protection is in place and irrigation is maintained as planned. This project will require tree protection fence around all trees to be retained except for coast redwood #97 which will require trunk protection, monitoring, and alternative construction techniques. Magnolias #92, #93, #94, and #96 require a tree protection zone established at twelve feet (12’) which is twelve times the trunk diameter radius in feet (or more) for all the trees except #93, which is the largest of the four. These distances will allow for adequate root zone protection if supplemental watering is implemented as planned. The area under coast redwood #97 will be highly impacted by drainage retrofitting, grade changes, and the required excavation for waterproofing the corner of the building. Using a Hydrovac or other pneumatic device such as an Air Spade® may be required to perform the necessary trenching and excavation in close proximity to the tree, if it is retained.

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15.b
Packet Pg. 490
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Recommendations

1. Follow the L0.01 and L0.02 Tree Protection Plan sheet, Appendix D, and add the “Recommendations” from this report.

2. Consider removing coast redwood #97. If retained do not fill the area around the tree with more than 18 inches of soil. Have an ISA Certified Arborist® observe the trenching/excavating and provide guidance to selectively remove any significant roots (roots greater than one inch in diameter (1”)) if encountered. Selective root removal requires pre-excavation, typically by hand or with a pneumatic excavating equipment such as an Air Spade®, Air Knife®, Hydrovac or similar tools. Selective removal allows for the roots to be exposed prior to cutting at the appropriate locations. This is the type of root removal that will need to occur at the building foundation.

3. Southern magnolias #92, #93, #94, and #96 require a tree protection zone established at twelve feet (12’) which is twelve times the trunk diameter radius in feet (or more) for all the trees except #93, which is the largest of the four. Selective root removal and pre-excavation, typically by hand or with a pneumatic excavating equipment such as an Air Spade®, Air Knife®, Hydrovac or similar tools will be required.

4. Southern magnolias #6 and #7 may require some root removal which should be performed selectively under the supervision of the City Arborist or designated project arborist. Tree protection fence will be placed at the edge of the sidewalk during the larger project. Some considerations are provided below:
• The first priority for the sidewalk construction is to adopt a no dig policy and incorporate a design plan that will minimize soil compaction and root disturbances around trees to be retained. • Use the thinest material possible to achieve structural compliance such as reinforced concrete versus asphalt. • Adjust the finished grade to be above the natural grade without digging for a sub-grade treatment. In this instance the pavement will be higher up and edge treatments or curbing also need to be constructed above grade. • Use paving material that does not rely on the strength of a compacted sub-base for strength. This may be accomplished by reinforcing the surface layer material.
• Create pop-outs with a least three feet of space between the trunk flare at grade level and the new hard-scape. • Use alternative materials where necessary.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 13 32

15.b
Packet Pg. 491
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021

5. Place tree protection fence around trees #50, #51, and #52 at a minimum of four feet in radius. The protection should simply be placed at the edge of the existing planting bed where the tree trees are growing and irrigation maintained.

6. Place tree protection fence around #87 and #88 at the edge of the existing planting bed while allowing for construction of the new pathway to the building.

7. Install temporary irrigation or soaker hoses in the tree protection zone and provide supplemental watering during construction within all TPZ areas. Monitor watering times or amounts to ensure adequate soil saturation. Infrequent deeper watering is preferred. Watering should consist of approximately 10 gallons per inch trunk diameter for all trees retained and administered at least twice a month in the dry times of year until season rains are adequate.

8. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices.

9. Refer to Appendix D for general tree protection guidelines including recommendations for arborist assistance while working under trees, trenching, or excavation within a trees drip line or designated TPZ .

10. Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document.

11. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 14 32

15.b
Packet Pg. 492
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Appendix A: Tree Inventory and Protection Plan Sheet
A1: Tree Locations and Summary

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 15 32
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Table 4: Tree Inventory Summary
Tree Species I.D. # Trunk
Diameter
(in.)
Condition Suitability Expected
Impact
Recommended
TPZ Radius
(ft.)
trident maple (Acer
buergerianum)
0 3 Good Poor High 2
southern magnolia
(Magnolia grandiflora)
4 15.5 Fair Fair Low 8
southern magnolia
(Magnolia grandiflora)
6 17 Fair Fair Moderate-
High
9 southern magnolia
(Magnolia grandiflora)
7 20 Fair Fair Moderate-
High
10 coast redwood (Sequoia
sempervirens)
49 35 Good Good Low 23
crape myrtle
(Lagerstoemia indica)
50 5.5 Good Fair Low 4
crape myrtle
(Lagerstoemia indica)
51 6 Good Fair Low 4
crape myrtle
(Lagerstoemia indica)
52 5.8 Good Fair Low 4
coast redwood (Sequoia
sempervirens)
87 19.2 Good Good Low 13
coast redwood (Sequoia
sempervirens)
88 18.5 Good Good Low 12
southern magnolia
(Magnolia grandiflora)
92 12 Poor Fair Moderate 12
southern magnolia
(Magnolia grandiflora)
93 17 Poor Fair Moderate 17
southern magnolia
(Magnolia grandiflora)
94 12 Poor Fair Moderate 12
southern magnolia
(Magnolia grandiflora)
96 9 Poor Fair Moderate 9
coast redwood (Sequoia
sempervirens)
97 39 Fair Poor High 26
No #
#50
#51
#52
#3
#4
#6
#7
#97
#96 #94 #93 #92
#88
#87
#49

15.b
Packet Pg. 493
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
A2: L0.1 Tree Protection Sheet

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 16 32
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-D\VRQ&DPSEHOO/LEUDU\?'UDZLQJV?&DPSEHOO/LEUDU\/DQGVFDSHGZJ/75((3527(&7,213/$1 

30$XWR&$'3')
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#50
#51
#52
#6
#7
#97
#96 #94 #93 #92
No #
#49
#87
#88
#4

15.b
Packet Pg. 494
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Appendix B: Tree Inventory Summary Table
Table 4: Tree Inventory Summary
Tree Species I.D. # Trunk Diameter
(in.)
Condition Suitability Expected Impact Recommended
TPZ Radius (ft.)
trident maple (Acer buergerianum) 0 3 Good Poor High 2
southern magnolia (Magnolia grandiflora) 4 15.5 Fair Fair Low 8 southern magnolia (Magnolia grandiflora) 6 17 Fair Fair Moderate-High 9 southern magnolia (Magnolia grandiflora) 7 20 Fair Fair Moderate-High 10 coast redwood (Sequoia sempervirens) 49 35 Good Good Low 23 crape myrtle (Lagerstoemia indica) 50 5.5 Good Fair Low 4 crape myrtle (Lagerstoemia indica) 51 6 Good Fair Low 4 crape myrtle (Lagerstoemia indica) 52 5.8 Good Fair Low 4 coast redwood (Sequoia sempervirens) 87 19.2 Good Good Low 13 coast redwood (Sequoia sempervirens) 88 18.5 Good Good Low 12 southern magnolia (Magnolia grandiflora) 92 12 Poor Fair Moderate 12 southern magnolia (Magnolia grandiflora) 93 17 Poor Fair Moderate 17 southern magnolia (Magnolia grandiflora) 94 12 Poor Fair Moderate 12 southern magnolia (Magnolia grandiflora) 96 9 Poor Fair Moderate 9 coast redwood (Sequoia sempervirens) 97 39 Fair Poor High 26 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 17 32

15.b
Packet Pg. 495
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Appendix C: Photographs
C1: Magnolias #96 and #94
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 18 32
#96#94

15.b
Packet Pg. 496
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
C2: Magnolias #92 and #93

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 19 32
#93
#92

15.b
Packet Pg. 497
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
C3: Coast Redwood #97

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 20 32
3 Feet

15.b
Packet Pg. 498
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
C4: Crape Myrtles #50, #51, #52

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 21 32
#50#51
#52

15.b
Packet Pg. 499
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
C5: Magnolias #6 and #7

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 22 32
#6 #7

15.b
Packet Pg. 500
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
C6: Trident Maple and Coast Redwood #49
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 23 32
#49

15.b
Packet Pg. 501
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Appendix D: Tree Protection Guidelines
D1: Plan Sheet Detail S-X (Type I)

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 24 32

TREE PROTECTION
Crown drip line or other limit of Tree Protection area. See tree preservation plan for fence alignment.
4'-0" Maintain existing
grade with the tree
protection fence
unless otherwise
indicated on the
plans.
2" x 6' steel posts
or approved equal.

Tree Protection
fence: High density
polyethylene fencing
with 3.5" x 1.5"
openings; Color-
orange. Steel posts
installed at 8' o.c.
5" thick
layer of mulch.

Notes:
1- See specifications for additional tree
protection requirements.
2- If there is no existing irrigation, see
specifications for watering requirements.
3- No pruning shall be performed except
by approved arborist.
4- No equipment shall operate inside the
protective fencing including during fence
installation and removal.
5- See site preparation plan for any
modifications with the Tree Protection
area.

SECTION VIEW

KEEP OUT
TREE

PROTECTION
AREA

8.5" x 11"
sign
laminated in
plastic spaced
every 50'
along the
fence.

URBAN TREE FOUNDATION ‹

OPEN SOURCE FREE TO USE
Tree protection
fence: Fencing shall
be comprised of six-
foot high chain link
mounted on eight-
foot tall, 1 7/8-inch
diameter galvanized
posts, driven 24
inches into the
ground.

Minimum 4” thick
mulch layer
Crown diameter drip line distance equal to the outer most limit of foliage. Notes:
• All tree maintenance and care shall be
performed by a qualified arborist with a
C-61/D-49 California Contractors
License. Tree maintenance and care
shall be specified in writing according to
American National Standard for Tree
Care Operations: Tree, Shrub and Other
Woody Plant Management: Standard
Practices parts 1 through 10 and adhere
to ANSI Z133.1 safety standards and
local regulations.
• All maintenance is to be performed
according to ISA Best Management
Practices.

Notes:

The Tree Protection Zone
(TPZ) may vary in radius
from the trunk and may or
may not be established at
the drip line distance.

See arborist’s report and
plan sheet for
specifications of TPZ
radii.
6’-0”
Modified by Monarch Consulting
Arborists LLC, 2019

15.b
Packet Pg. 502
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
D2: Plan Sheet Detail S-Y (Type III)

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 25 32
EV

CHARGING
ONLY
EV

CHARGING
ONLY
NO

PARKING
NO

PARKING

CLEAN AIR

VAN POOL
E.V.

CLEAN AIRVAN POOL
E.V.

CLEAN AIR

VAN POOL
E.V.
327
328
329
329
327
328
E1
E1
E1
E5
E5A
E5
C
C
?W ?W ?W

PLANTING PLAN BY

JONI JANECKI & ASSOCIATES

SEE LIBRARY PLANS

GUSHEE STREET

PLANTING PLAN BY

JONI JANECKI & ASSOCIATES

SEE LIBRARY PLANS

PLANTING PLAN BY

JONI JANECKI & ASSOCIATES

SEE LIBRARY PLANS

PARKING AND BUILDING BY

TEALL MESSER ARCHITECT

SEE LIBRARY PLANS

PLANTING PLAN BY

JONI JANECKI & ASSOCIATES

SEE LIBRARY PLANS

LIBRARY LANDSCAPE PLAN BY

JONI JANECKI & ASSOCIATES
L.O.W.

L.O.W.

L.O.W.

L.O.W.L.O.W.

L.O.W.

L.O.W.

L.O.W.

L.O.W.

L.O.W.

L.O.W.

L.O.W.

BULL CREEK FLOWLINE
FUTURE

LIBRARY
XXXXX

XXXXXXXXXX

X X X X X X X X X X X X

KIRBY STREET
X
X
X
SEE L2.0 MATERIALS PLAN

FOR DISCOVERY PARK

IMPROVEMENTS
SEE L2.0 MATERIALS PLAN

FOR DISCOVERY PARK

IMPROVEMENTS
(E) CHAINLINK

FENCE AND GATE

TO REMAIN
APPROXIMATE LIMIT OF WORK (L.O.W.)
LEGEND
(E) TREE TO BE PROTECTED
(E) TREE TO REMAIN
NOTE:

1. SEE C3.0 EROSION CONTROL PLAN FOR TREE
PROTECTION IN EXISTING RIPARIAN AREA.

2. TREE SURVEY PROVIDED BY IFLAND SURVEY, 10/09/18.

3. CONTRACTOR SHALL PROTECT ALL TREES WHICH ARE
LOCATED WITHIN 10' OF EQUIPMENT MOVEMENT.
1 L1.0
(E) FENCE TO BE REMOVED
ARBORIST NOTES:

1. ALL TREE MAINTENANCE AND CARE SHALL BE

PERFORMED BY A QUALIFIED ARBORIST WITH A
C-61/D-49 CALIFORNIA CONTRACTORS LICENSE. TREE

MAINTENANCE AND CARE SHALL BE SPECIFIED IN

WRITING ACCORDING TO AMERICAN NATIONAL
STANDARD FOR TREE CARE OPERATIONS: TREE, SHRUB
AND OTHER WOODY PLANT MANAGEMENT: STANDARD
PRACTICES PARTS 1 THROUGH 10 AND ADHERE TO ANSI
Z133.1 SAFETY STANDARDS AND LOCAL REGULATIONS.

ALL MAINTENANCE IS TO BE PERFORMED ACCORDING
TO ISA BEST MANAGEMENT PRACTICES.

2. TREE PRUNING - IF TREE PRUNING FOR OVERHEAD

CLEARANCE IS REQUIRED OR NECESSARY PRUNING

SPECIFICATIONS SHALL BE IN WRITING PRIOR TO ANY
CUTTING. CUTTING SHALL BE PERFORMED BY A

QUALIFIED TREE CARE PROFESSIONAL OR SUPERVISED
BY THE PROJECT ARBORIST. NO LIMBS GREATER THAN
)285,1&+(6
´
,1',$0(7(56+$//%(5(029('
WITHOUT APPROVAL.

3. ROOT MANAGEMENT - PRIOR TO REMOVING ROOTS
*5($7(57+$17:2,1&+(6
´
,1',$0(7(5($&+

TREE SHALL BE EVALUATED BY THE PROJECT ARBORIST

TO HELP DETERMINE ITS LIKELIHOOD OF FAILURE
AFTER ROOT LOSS. IF ROOTS OVER TWO INCHES IN

DIAMETER ARE ENCOUNTERED THEY SHOULD BE

PRUNED BY HAND WITH LOPPERS, HANDSAW,

RECIPROCATING SAW, OR CHAIN SAW RATHER THAN
LEFT CRUSHED OR TORN. ROOTS SHOULD BE CUT

BEYOND SINKER ROOTS OR OUTSIDE ROOT BRANCH

JUNCTIONS AND BE SUPERVISED BY THE PROJECT
ARBORIST. WHEN COMPLETED, EXPOSED ROOTS

SHOULD BE KEPT MOIST WITH BURLAP OR BACKFILLED
WITHIN ONE HOUR. NO ROOTS SHALL BE CUT WITHIN SIX

TIMES THE TRUNK DIAMETER DISTANCE IN FEET ON ONE
SIDE WITHOUT ARBORIST APPROVAL.

4. TRUNK PROTECTION - PREVENTING MECHANICAL

DAMAGE TO THE MAIN STEMS FROM EQUIPMENT OR

HAND TOOLS CAN BE ACCOMPLISHED BY WRAPPING
THE MAIN STEM WITH STRAW WATTLE.

5. SITE OCCUPANCY - HAVE A QUALIFIED ARBORIST
PERFORM A LEVEL 2: BASIC TREE RISK ASSESSMENT AS
DESCRIBED IN BEST MANAGEMENT PRACTICES: TREE
RISK ASSESSMENT: INTERNATIONAL SOCIETY OF
ARBORICULTURE, 2017 TO HELP IDENTIFY ANY NEW

RISK FACTORS AFTER CONSTRUCTION UPON NEW SITE
OCCUPANCY.

DEMOLITION AND

TREE PROTECTION PLAN
L1.0
1"= 20'

LANDSCAPE ARCHITECT

BASE LANDSCAPE ARCHITECTURE

PROJECT TEAM

PROJECT NAME & ADDRESS

FELTON LIBRARY

DISCOVERY PARK

GUSHEE STREET
FELTON, CA, 95018

REVISION
# Date Description
STAMP

SHEET TITLE
Scale:

Date:

Drawn by:

Checked by:

Project No.:

PHASE

BID SET
No. 5579
Ren. 9/30/2020

LICENSED ARCHITECT

STATE OF CALIFORNIA

AL ENDA CS P
1802

PA / AS
NM
04/19/2019

CIVIL ENGINEER
MME CIVIL + STRUCTURAL ENGINEERING

SAN FRANCISCO / PORTLAND
www.baselandscape.com

IRRIGATION DESIGN

RMA IRRIGATION
CLIENT

SANTA CRUZ COUNTY DEPARTMENT OF PARKS,

OPEN SPACE, AND CULTURAL SERVICES
0 feet40
1" = 20'
20 60 80
NORTH

SECTION

TREE TRUNK
š675$:

FILLED BURLAP

WATTLES

TREE PROTECTION WITHOUT FENCE
3/8" = 1'-0"
4'-0"

ROOT PROTECTION
ZONE. SEE SPECS FOR

REQUIREMENTS
1 SCHEDULE
TREES TO BE PROTECTED: 20
TREES TO BE REMOVED: 0
04-19-20191 Planning Review Comments
1 SECTION VIEW

TRUNK PROTECTION WITH WATTLES-Y
6’-0”

Excavation Trenches:

1. When any roots are cut or torn during construction, it is critical that you sharply cut all the ends of any exposed roots immediately. Failure to do so will leave crushed and torn roots. This leads to decay and inhibits growth of new roots.

2. Pile soil on the side of the trench opposite the tree. If this is not possible, place the soil on a plastic tarp, plywood or a thick bed of mulch.

3. Do not compact the backfill on the trench more than its original firmness.

4. Water the backfill to allow the roots to begin healing.

Trenching near a tree can kill as much as 40%-RIWKHWUHH¶V roots.

If the tree you are working around is in a confined space and your equipment will be coming close, it is important for you to protect WKHWUXQN:UDSWKHWUHHWUXQNLQROGWLUHVRUSODFH´[´VWXGVDURXQGWKHWUHHDQGURSHRUEDQGWKHPWRJHWKHU

ROOT PRUNING DETAIL

PLEASE KEEP THIS SHEET FOR REFERENCE
2” x 4” or 2” x 2”
Dimensional Lumber
Sturdy Strap (steel,
nylon, or synthetic rope)
2” x 4” ’or 2” x 2” - 6 to 8
Feet Tall Dimensional
Lumber Spaced 3” Apart
Sturdy Strap (steel,
nylon, or synthetic rope)
Bridge With 4” - 6” Deep
Course Woody Debris or
4” x 4” Dimensional
Lumber and 3/4”
Plywood or Steel Road
Plate.

Note: See Local Ordinance
Requirements and Arborist’s
Report for Additional Protection
Specifications and Guidelines.

Trunk Protection Vertical Timber
Detail
6’ MIN.

15.b
Packet Pg. 503
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Prohibited Activities
The following are prohibited activities within the TPZ:
• Grade changes (e.g. soil cuts, fills);
• Trenches;
• Root cuts;
• Pedestrian and equipment traffic that could compact the soil or physically damage roots; • Parking vehicles or equipment;
• Burning of brush and woody debris;
• Storing soil, construction materials, petroleum products, water, or building refuse; and, • Disposing of wash water, fuel or other potentially damaging liquids.

Pre-Construction Meeting with the Project Arborist
Prior to beginning work, all contractors involved with the project should attend a pre construction meeting with the project arborist to review the tree protection guidelines. Access routes, storage areas, and work procedures will be discussed. Tree protection locations should be marked before any fencing contractor arrives.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 26 32

15.b
Packet Pg. 504
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Tree Protection Zones and Fence Specifications

Tree protection fence should be established prior to the arrival of construction equipment or materials on site. Fence should be comprised of six-foot high chain link fence mounted on eight-foot tall, 1 7/8-inch diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fence must remain undisturbed and be maintained throughout the construction process until final inspection.

The fence should be maintained throughout the site during the construction period and should be inspected periodically for damage and proper functions. Fence should be repaired, as necessary, to provide a physical barrier from construction activities.

A final inspection by the city arborist at the end of the project will be required prior to removing any tree protection fence and replacement tree shall be planted at this time.

Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.

The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.

Restrictions Within the Tree Protection Zone
No storage of construction materials, debris, or excess soil will be allowed within the Tree Protection Zone. Spoils from the trenching shall not be placed within the tree protection zone either temporarily or permanently. Construction personnel and equipment shall be routed outside the tree protection zone of 39 feet from the trunk.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 27 32

15.b
Packet Pg. 505
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Root Pruning
Root pruning shall be supervised by the project arborist. When roots over two inches in diameter are encountered they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.

Boring or Tunneling
Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep.

Timing
If the construction is to occur during the summer months supplemental watering should be applied to help ensure survival during and after construction.

Tree Pruning and Removal Operations
All tree pruning or removals should be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree pruning should be specified according to ANSI A-300A pruning standards and adhere to ANSI Z133.1 safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through.

Tree Protection Signs
All sections of fencing should be clearly marked with signs stating that all areas within the fencing are Tree Protection Zones and that disturbance is prohibited. Text on the signs should be in both English and Spanish (Appendix E).

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 28 32

15.b
Packet Pg. 506
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Appendix E: Tree Protection Signs
E1: English

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 29 32
Appendix D: Example Tree Protection Sign
D1: English

WARNING
Tree Protection Zone
This Fence Shall not be moved without
approval. Only authorized personnel
may enter this area!
Project Arborist
Evans Right of Way, Saratoga California-Tree Inventory, Valuation, and Protection Guidelines for San Jose Water Company
August 9, 2010
! Richard Gessner-ValleyCrest Tree Care Services, 825 Mabury Rd., San Jose, CA 95133! 59

15.b
Packet Pg. 507
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
E2: Spanish

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 30 32
Appendix D2: Spanish

CUIDADO
Zona De Arbol Pretejido
Esta cerca no sera removida sin
aprobacion. Solo personal autorizado
entrara en esta area!
Project Arborist
Evans Right of Way, Saratoga California-Tree Inventory, Valuation, and Protection Guidelines for San Jose Water Company
August 9, 2010
! Richard Gessner-ValleyCrest Tree Care Services, 825 Mabury Rd., San Jose, CA 95133 ! 60

15.b
Packet Pg. 508
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management.

All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.

Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others.

The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services.

This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant’s fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event.

Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference. Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information.

Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 31 32

15.b
Packet Pg. 509
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Campbell Library, 77 Harrison Avenue
Tree Inventory, Assessment
and Protection Report
November 8, 2021
Certification of Performance
I Richard Gessner, Certify:

That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own;
That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices;
That no one provided significant professional assistance to the consultant, except as indicated within the report.

That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events;
I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998.

Richard J. Gessner
ASCA Registered Consulting Arborist® #496
ISA Board Certified Master Arborist® WE-4341B
Copyright
© Copyright 2021, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author.

Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 32 32

15.b
Packet Pg. 510
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library App V
Appendix V:

Wayfinding Design Guidelines

15.b
Packet Pg. 511
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) t. 408 306 4115
e. [email protected]
www.wilsherdesign.com
24931 Skyland Road, Los Gatos, CA 95033
Campbell Library
Wayfinding Scheme
For Fabrication and Installation
V2 Bid Set: 14 April 2023

15.b
Packet Pg. 512
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
2 PRELIMS
Project Standards
Sign Family Summary
Submittals & Assurances
Materials, Printing & Accessories
Execution and Installation

LOCATIONAL SIGNS
L1 Room ID, overhead
L2 Service desk ID, e ye-height
L3 Service ID, o verhead
L4 Service ID, e ye-height
L5 Special collection ID, eye-height
L6 Special space ID

DIRECTIONAL SIGNS
D1 Directional, eye-height

ORIENTATION
O1 Elevator directory, eye-height
O2 Elevator button ID’s, eye-height
Contents

FIRE-RELATED
FE Fire escape lettering
CF Case of fire
FEC Fire extinguisher cabinet ID
FEM Fire evacuation map
FL Floor level ID
OC Occupancy sign

STACK ENDS
SE1 Adult & Children’s, double width
SE2 Adult & Children’s, single width
SE3 Adult & Children’s, single width
TE1 Teen, double width
SV1 Shelving inserts

COMPUTER-RELATED SIGNS
C1 Acrylic insert signs
C2 Printer unit sign

MISCELLANEOUS SIGNS
M1 Opening hours
M2 Service desk information
M3 SCCLD logo, ov erhead
M4 Desk panel
M5 Information insert sign
M6 Informational sign

REGULATORY SIGNS
R1 Room ID, public w/events
R2 Room ID, public
R3 Room ID, staff
R4 Room ID, office
R5 Exit door route
R6 Room ID, restroom
R7 Door ID, restroom
R8 Symbol of access
R9 Prohibition sign
R10 Assistive listening

15.b
Packet Pg. 513
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
3 Project Standards

TYPOGRAPHY
Syntax Bold
Character spacing: 32, Character width: 87%, Upper and Lowercase abcdefghijklmnopqrstuvwxyz

ABCDEFGHIJKLMNOPQRSTUVWXYZ
0123456789
Syntax Roman, tactile
Character spacing: 20, Character width: 90%, Uppercase only

ABCDEFGHIJKLMNOPQRSTUVWXYZABCDEFGHIJKLMNOPQRSTUVWXYZ
01234567890123456789

SYMBOLS & ARROWS
COLORS, all colors to be confirmed prior to fabrication Elevator
Information
Checkout & Renewal
Account Services
Accessible Restroom
Women
Men
Baby Change
Pantone Black 7 White Match to 65% of Pantone 4545
(Referred to as ‘Oatmeal’)

15.b
Packet Pg. 514
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
4 Sign Family Summary
L1 L2 L3 L5L4
L6 D1 O2O1
M1 M2 M3 M4 M5
L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10” Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
L2.230
24” x 7-3/4”
Account Services
Information
L2.318, 431
26” x 14”
Account Services
Information
L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms Restrooms
L5: Special collection ID
4-1/2”
L5.313, 314, 315, 316
31-1/2” x 5-1/4”
5”
1/2”2”
1/2”
L4: Service ID, eye-height
2” X-height
Library Returns
L4.104
24” x 6”
Library Events
L4.204
24” x 6”
Library Returns
L6: Special space ID
17”
D1: Directional, eye-height
1-5/8” & 1-1/8” X-heights
D1.105
21“ x 39”
LOBBY
Exit
LOWER
Adult & Teen
Elevator
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
Elevator
D1.201
15-1/2” x 26”
D1.401
23-1/2“ x 39”
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Additional Restrooms
Elevator
WW to work on all spacing for accuracy.

Convert to paths and delete inner paths.

O1: Elevator directory, eye-height
15/16” & 5/8” X-heights
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
O2: Elevator button ID’s, eye-height
5/8” X-height + Braille
UPPER
LOBBY
LOWER
UPPER
LOBBY
LOWER
M1: Opening hours

LIBRARY
HOURS
Mon & Tues: 1pm – 9pm
Wed – Sat: 10am – 6pm
Sun: 1pm – 5pm
www.sccld.org

LIBRARY
HOURS
Mon & Tues: 1pm – 9pm
Wed – Sat: 10am – 6pm
Sun: 1pm – 5pm
www.sccld.org
1/8” back panel:
painted PMS Black 7.
1/16” spacer
1/16” spacer
White card stock insert;
laser text printing
1/8” non-glare acrylic P99:
*inkjet print of permanent
graphics adhered to rear.

Glass window
Library exteriorLibrary interior
Top runner (1/2”)
glued to glass, painted PMS Black 7.

Consider exterior vinyl cover strip to hide adhesive.

Top runner (1/2”)
glued to glass, painted PMS Black 7.

Consider exterior vinyl cover strip to hide adhesive.

M2: Service desk information
3/4” X-height
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Account Services
M3: SCCLD logo
M4: Desk panel
5/8” X-height
A staff member
will be back shortly
A staff member
will be back shortly
Meeting Rooms
Text insert
M5.226
Size: 11” x 19”
M5: Informational sign
3/4” X-height
Meeting Rooms
Text insert

15.b
Packet Pg. 515
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
5 M6 R1 R2 R4R3
R5 R7 R9R8

FE CF FEC
R6
Sign Family Summary
M6: Informational sign
3/4” X-height
Gender neutral
restroom located
on Lower Level
Gender neutral
restroom located
on Lower Level
R2: Room ID, public
3/4” X-height, Tactile + Braille
CHILDREN’S
ROOM
CHILDREN’S
ROOM
R1: Room ID, public w/events
3/4” + Braille
R1.206
9” x 11-1/2“

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3 R1.211
9” x 11-1/2“

COMMUNITY
ROOM B
Event line 1
Event line 2
Event line 3

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
R4: Office ID
3/4” X-height, Tactile + Braille
Title 1
Name 1
Optional title 2
Optional name 2
OFFICE
Title 1
Name 1
Optional title 2
Optional name 2
OFFICE
R3: Room ID, staff space
3/4” X-height, Tactile + Braille

ELECTRICAL
ROOM

ELECTRICAL
ROOMR6: Room ID, restroom
3/4” X-height, Tactile + Braille
FAMILY
FAMILY
R5: Exit door route
3/4” X-height, Tactile + Braille
EXIT
EXIT
FE: Fire escape lettering, vinyl
1” X-height

FIRE DOOR, KEEP CLOSED

ALARM WILL SOUND

FIRE DOOR, KEEP CLOSED

ALARM WILL SOUND
R8: Symbol of access
In Case Of Fire,
Use Stairway
Do Not Use Elevator
CF: Case of fire
5/8” X-height
In Case Of Fire,
Use Stairway
Do Not Use Elevator
FEC: Fire extinguisher cabinet ID
R9: Prohibition sign
5/8” X-height
R9.002
6” x 9”
No smoking
within 30 feet
of building
No smoking
within 30 feet
of building
R10
R10: Assistive listening
3/4” X-height

ASSISTIVE LISTENING

SYSTEM AVAILABLE

ASSISTIVE LISTENING

SYSTEM AVAILABLE
FEM
FEM: Fire evacuation map

IN CASE OF FIRE, USE STAIRWAY,

DO NOT USE ELEVATOR
Alarm will sound as a beeping horn and strobe lights will flash.

CALL 911 - FIRE/POLICE/MEDICAL

PERSONS WITH DISABILITIES
Call 911, report location. Proceed to nearest stairwell & await assistance.

EVACUATION MAP Floor 2
You are here Exit route Fire extinguisher
Harrison Avenue
Grant Street
Civic Center Drive
EXIT
EXIT
EXIT
North

IN CASE OF FIRE, USE STAIRWAY,

DO NOT USE ELEVATOR
Alarm will sound as a beeping horn and strobe lights will flash.

CALL 911 - FIRE/POLICE/MEDICAL

PERSONS WITH DISABILITIES
Call 911, report location. Proceed to nearest stairwell & await assistance.

EVACUATION MAP Floor 2
You are here Exit route Fire extinguisher
Harrison Avenue
Grant Street
Civic Center Drive
EXIT
EXIT
EXIT
North

15.b
Packet Pg. 516
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
6 SE1
SE2, RSE2, L SE3, L
TE1
SE3, R
Sign Family Summary
Collection Name
SE3, L
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
SE3, R
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection NameTeen Collection
Teen Collection
Teen Collection
Collection Name
SE3, L
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
SE3, R
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Line 1
Line 2
Line 3
Collection Name
SE1
Line 1
Line 2
Line 3
Line 1
Line 2
Line 3
Collection Name
Line 1
Line 2
Line 3
Line 1
Line 2
Line 3
Collection Name
C1 C2
C1
© Wendy Wilsher 09 March 2017

1.5”
1/2” 3M clear VHB to attach to unit
L-shaped aluminium extrusion, painted satin black - 4” length x 1-1/2” height x 1/2” depth (Quantity 2) Rear face 20” x 5”: P99 clear acrylic, 3/16” gauge
Spacer 20” x 1/4”: P99 clear acrylic, 1/16” gauge.

Solvent welded (clear) to front and rear faces.

Front face 20” x 5”: P99 clear acrylic, 1/16” gauge
Spacer 20” x 1/4”: P99 clear acrylic, 1/16” gauge.

Solvent welded (clear) to front and rear faces.
5”
3M Dual Lock, black: (250 stems/inch), 3” x 1”, attached to rear sign face using integrated VHB tape 4” bracket + 5” window sign
1 set = 2 x brackets, 1 x sign
3M Dual Lock, black: (250 stems/inch), 3” x 1”, attached centrally to bracket face using integrated VHB tape Opening to hold digital inkjet print measuring 20” x 4-3/8” Right side view
Front face view
20”
5”
Rear face view
20”
5”
4”1”
4” 1”
1”
1/4”
Finished edges and corners of acrylic sign to be gently eased and polished smooth for safety Edges of aluminum to be sanded smooth for safety
Copying
Black & white, or color prints
Letter size: 8-1/2” x 11”
Single-sided
Black & white: 15 cents
Color: 20 cents
Black & white, or color prints
Letter size: 8-1/2” x 11”
Legal size: 8-1/2” x 14”
Tabloid size: 11” x 17”
CopyingPrinting
Single or double-sided
Black & white: 15 cents
Color: 20 cents
OC
OC: Occupancy sign
5/8” X-height
Maximum
occupancy
66 Maximum
occupancy
173
Maximum
occupancy
173
FL
FL: Floor level ID
1” & 2” X-heights, Tactile + Braille

STAIR B

NO ROOF
ACCESS
2 STAIR B

NO ROOF
ACCESS
2 15.b
Packet Pg. 517
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
7 A Product data
For each type of sign, include:
• Construction details
• Material descriptions
• Finishes
B Shop dra wings
Signage contractor to produce and provide any/all working drawings and detail documents necessary to complete the project.

Signage contractor to provide any/all engineering documentation required to complete the project.

Include: Mounting methods, installation details, reinforcement, plans, elevations, large scale sections as needed, any accessories.

All signage copy to be approved prior to production.

Signage contractor to detail and provide Braille layout for all signs requiring Braille.

C Color samples
Signage contractor to provide samples of each material sample and color matches.

Submittals & Assurances
Signage Contractor Requirements

1. Signage contractor is to guar antee all products against color fading, paint peeling, chipping, delaminating, peeling, installation failure and for any other failure due to poor quality work- manship and/or improper installation.

2. Signage contractor agr ees to replace at sole cost and expense, any signage found to be defec- tive or improperly installed. This guarantee to be effective for two years from date of project completion.

3. This design of all sign structural elements shall be the r esponsibility of the supplier. Any detailed drawings and calculations necessary shall be submitted for client checking and plan check as necessary. Any such checking shall in no way absolve the signage contractor from his responsibilities and obligations under the Contract.

4. Any suggested materials or techniques should be decided on based upon the best interest of the library in wishing for a wayfinding scheme to last 15 years with correct care and ideal conditions.

Regulatory Requirements

1. To comply with the Americans with Disabilities Act (ADA) and with code provisions as adopted by authorities having jurisdiction. Signage contractor must certify that all signage will be code compliant and that all Braille used for signage complies with the standards for Contracted Grade II Braille as per the California Building Code (CBC).

2. Provide interior code signage as required by ADA and CBC.

Project Conditions
Where sizes and/or sign fixing locations are determined by dimensions and/or finishes of surfaces on which they are installed, verify conditions before fabrication and indicate findings on shop drawings.

Project Coordination
For signs supported or anchored to permanent construction provide templates for installation devices.

15.b
Packet Pg. 518
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
8 Materials
The design for each internal sign or material is based on the pr oduct named. Where a product is not named the signage contractor should provide named product samples of suggested suitable products for review. Performance ratings should be provided with any new material or process suggested.
• Suggested materials for internal sign cores:
- High density urethane f oam board, primed and sanded smooth before painting. Guidance for using this material can be found at www.signfoam.com.
or
- MDF board, center of signs hollo wed for weight control. • Specified materials for sign lens faces: Acrylic non-glare P99.

Sign Printing
Screen printing should be used as specified. This method should be consistently used across all appropriate sign types. White graphics should be screen printed solid high opacity white, with durability additive added as appropriate.

Low VOC inks should be used where possible.

Ink Jet Printing
Some sign types call for a digital print insert. The digital print should be UV stable inkjet, preferably printed onto HP Photorealistic matt stock. Samples should be provided for approval.

Laser Printing
White stock spec: White Smooth 90lb cover stock. (Brand unspecified) Paint
Paint colors specified should be matched using Matthews Satin Acrylic Polyurethane.

All painted surfaces should be sanded and primed smooth before applying colored top coat.

All painted surfaces (weather first or second surface painted) should be clear coated using Matthews Clear Coat matt finish.

Low VOC paint should be used where possible.

Materials, Printing, Accessories
Accessories
Vinyl: Vinyl film for sign backing on the opposite side of glass to conceal adhesives or mounts:

Suggest 3M 30% diffuser vinyl. Vinyl should be premium grade, non-reflective with seven year minimum durability. Vinyl color samples to be reviewed and selected by wayfinding designer.

Vinyl: 3M color matched opaque vinyl for surface applied lettering.

Adhesive - Non visible application: Adhesive Premium polyurethane construction adhesive, non-toxic, low VOC, solvent free or equivalent as recommended by signage contractor for acrylics used.

Adhesive - Visible application: Optically clear adhesive to be used. 3M VHB tape, clear or color recommended b y signage contractor for acrylics used. 3M Dual Lock, lik ely 400 & 170 stems/inch.

Solvent welding called for to be optically clear, strong and durable.

Mounting aluminum extrusions.

All sign edges and corners should be smooth for safety.

Protection
All sign surfaces and faces should be protected from damage during shipping until final install is complete, with a temporary protective covering.

15.b
Packet Pg. 519
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
9 Mounting and Attachment Methods
All signs should be attached in a manner that allows for easy damaged sign replacement if necessary.

A Internal: wall mounted
All fixings should be concealed from view and should be tamper resistant. Suggest a com- bination of 3M VHB tape, silicone adhesive and threaded studs. Care should be taken when mounting signs to Calico wall covering and cedar wood slats, install suggestions should be reviewed be architect and designer.

B Internal: flag mounted
Sign core should be fixed directly to the mounting surface or using a mounting plate. Ideally minimal attachment hardware should be visible. Any mounting plate should be colored to blend with the sign.

C Internal: freestanding/floor
Freestanding signs should not be permanently fixed to floor, but should be attached to a weighted base. Weight, dimensions and material of base to be determined by sign fabricator to ensure sign is safe and stable.

D Internal: Top mount/monitor
All monitor units to be reviewed by designer prior to sign fabrication. Attachment of signs may need modification depending on monitor units procured.

Execution & Installation
Execution
All acrylics, areas and conditions should be examined by installer.

Verify that building walls/columns, beams etc are sized and located to accommodate specified signs.

Obtain client written acceptance of all copy and shop drawings prior to production.

It is the signage contractors’ sole responsibility to ensure Braille translations are accurate.

Proceed with installation only once unsatisfactory conditions have been rectified.

Installation
In so far as is practical, fitting and assembly of work shall be done in the shop. Work that cannot be permanently shop-assembled shall be completely assembled, marked and dismantled in the shop, before shipment, to ensure proper assembly on site.

All work shall be shop-assembled in the largest practical sizes to minimize site work.

All supplementary and miscellaneous parts for each item of work shall be provided as necessary so that it may serve its function properly, even though these may not be specifically shown in the contract documents.

All work (which requires installation) shall be installed square, plumb, straight, true to line or radius, accurately fitted and located. All signs to be installed unless noted otherwise in the sign message schedule.

All install height measurements are measured from floor to: ‘U’ indicates install height measure- ment is from floor to underside of sign. ‘C’ indicates fixing measurement is from floor to center of sign. ‘T’ indicates fixing measurement is from floor to top of sign.

Signs and accessories should be located where indicated, using mounting methods described and agreed with signage contractor. Refer to site and floor plans for general locations.

Sign faces should be free from defects or distortion.

All door ID signs should be located to latch side of door as per code where applicable. Where not possible, code should be followed.

Cleaning and Protection
All sign surfaces and faces should be protected from damage during shipping until final install is complete, with a temporary protective covering. After installation sign surfaces should be cleaned according to manufacturer’s instructions. Signs should be protected from damage until acceptance by the client.

15.b
Packet Pg. 520
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
10 L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
L1
L1: Room ID, overhead
Installation scenario(s): Wall Mount, Flag Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Faces, 20% scale1
3-D View2
Varies
Syntax Bold/graphics
screen printed
on first surface.

Reverse surface paint,
PMS Black 7
2”
2”
1-1/2”
Varies
1-7/8”
Front face
2”
2-1/4”
3” radius corner
Rear face (double sided)
L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
Min 2-1/2”
L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
3” radius corner

15.b
Packet Pg. 521
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
11 L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
Install Design Intent: Glass Mount, top view5
Install Design Intent: Flag Mount, top view6
Wall
Sign core
Rear face
Front face
Sign studded to wall
L1
L1: Room ID, overhead
Single-sided side view, 20% scale3
1/8” 3/4”
L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.
1/8” 1-1/4”
L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
1/8” acrylic non-glare P99 with smoothed edge
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.
1/8”
Double-sided side view, 20% scale4
L1: Room ID, overhead
2” X-height
Meeting
Rooms
L1.225
14” x 10”
Community
Room A
L1.205
17-1/2” x 10”
L1.207
17-1/2” x 17”
Community
Room B
Restrooms
Community
Room B
L1. 210
17-1/2” x 10”
Meeting
Rooms
Meeting
Rooms
Meeting
Rooms
Sign core
Front face
Diffuser vinyl

15.b
Packet Pg. 522
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
12 L2.230
24” x 7-3/4”
Account Services
Information
L2.318, 431
26” x 14”
Account Services
Information L2
L2: Service desk ID, eye-height - VINYL GRAPHIC
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1
Syntax Bold, 3M vinyl PMS Black 7
Adhesive backing
Symbol, 3M vinyl PMS Black 7
Adhesive backing
4-1/4”
7-3/4”
24”
Front face
1 2-1/2”

15.b
Packet Pg. 523
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
13 L2
L2: Service desk ID, eye-height - CUT ACRYLIC
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

L2.230
24” x 7-3/4”
Account Services
Information
L2.318, 431
26” x 14”
Account Services
Information
Sign Face, enlarged variant, 20% scale2
Syntax Bold. 1/8” cut acrylic.

Surface and edges smoothed and painted PMS Black 7
and Matthews Clear Coat.

Symbol, 1/8” cut acrylic.

Surface and edges and corners smoothed and painted
PMS Black 7 and Matthews Clear Coat. (alternate layout is symbol right aligned to text)
7”
13”
26-1/2”
Front face
2”
4”
L2. 318 and L2.431: attaching to wall with Calico graphic wall covering, prefer to minimally stud as needed to preserve the wallcovering.

15.b
Packet Pg. 524
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
14 L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms Restrooms
L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms Restrooms
L3
L3: Service ID, overhead
Installation scenario(s): Wall Mount, Flag Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Faces, 20% scale1
3-D View2
Varies
Syntax Bold
screen printed
White on first surface.

Reverse surface paint,
PMS Black 7
3-3/4”
2-5/8”
12”
1-3/8”
Front face
2”
2”
3” radius corner
Rear face (double sided)
Min 1-3/8”
3” radius corner
L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms Restrooms
Graphics
screen printed
White and Oatmeal
on first surface.
1-5/8”

15.b
Packet Pg. 525
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
15 L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms
Restrooms
L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms
Restrooms
L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms Restrooms
Install Design Intent: Wall Mount, top view5
Install Design Intent: Flag Mount, top view6
Wall
Sign core
Rear face
Front face
Sign studded to wall
L3
L3: Service ID, overhead
Single-sided side view, 20% scale3
1/8” 3/4”
L3: Service ID, overhead
2” X-height
L3.212
14” x 12”
Restrooms
Elevator
L3.106, 202, 404
11-1/2” x 12”
L3.302, 407
14” x 12”
Restroom
Restrooms Restrooms
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.
1/8” 1-1/4”
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.
1/8”
Double-sided side view, 20% scale4
Sign core
Front face
Sign studded to wall Wall
When attaching to wall with Calico graphic wall covering, prefer to only stud as needed to preserve the wallcovering.

15.b
Packet Pg. 526
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
16 L4: Service ID, eye-height
2” X-height
Library Returns
L4.104
24” x 6”
Library Events
L4.204
24” x 6”
Library Returns
L4: Service ID, eye-height
2” X-height
Library Returns
L4.104
24” x 6”
Library Events
L4.204
24” x 6”
Library Returns
L4
L4: Service ID, eye-height
Installation scenario(s): Wall Mount, Flag Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1 3-D View2
Varies
Reverse surface paint,
PMS Black 7
2”
2-1/8”
6”
Front face
1-7/8”
3” radius corner
3” radius corner
Syntax Bold
screen printed
White on first surface.
1-7/8” Min 2-1/2”
L4: Service ID, eye-height
2” X-height
Library Returns
L4.104
24” x 6”
Library Events
L4.204
24” x 6”
Library Returns
Install Design Intent: Wall Mount, top view4Single-sided side view, 20% scale3 1/8” 3/4”
L4: Service ID, eye-height
2” X-height
Library Returns
L4.104
24” x 6”
Library Events
L4.204
24” x 6”
Library Returns
1/8” acrylic non-glare P99 with smoothed edges
and easy corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.

Sign core
Front face
Sign studded to wall Wall

15.b
Packet Pg. 527
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
17 L5: Special collection ID
4-1/2”
L5.313, 314, 315, 316
31-1/2” x 5-1/4”
5”
1/2”2”
1/2”
L5: Special collection ID
4-1/2”
L5.313, 314, 315, 316
31-1/2” x 5-1/4”
5”
1/2”2”
1/2”L5
L5: Special collection ID
Installation scenario(s): Freestanding on shelving top
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1
31-1/2”
5”5-3/4”
Front face
3/4”
Syntax Bold cut 1/4” gauge acrylic
lettering painted first surface and
egdes PMS Black 7.
3/4”
Side view of center panel, 20% scale2
1/8”
1/4”
1/8” acrylic backer surface painted Oatmeal and
Matthews Clear Coat.
1/4”
1/8”
1/4”
Double-sided
unit
Single-sided
unit
1/4” acrylic cut lettering
surface painted PMS Black 7.

Lettering attached to backer using adhesive.
3/4”
30”
L5: Special collection ID
4-1/2”
L5.313, 314, 315, 316
31-1/2” x 5-1/4”
5”
1/2”2”
1/2”
Rear face (double sided unit) Syntax Bold cut 1/4” gauge acrylic lettering painted first surface and
egdes PMS Black 7.

Dashed line indicates 3/4” frame, as
shown on sheet L5, details 3 and 4.

Sign type L5 has been removed from the Campbell Library scheme, but re- mains in this Design Guidance document for reference incase of reinsertion

15.b
Packet Pg. 528
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
18 L5: Special collection ID
4-1/2”
L5.313, 314, 315, 316
31-1/2” x 5-1/4”
5”
1/2”2”
1/2”
L5
L5: Special collection ID
3-D View, Double-sided unit3 3-D View, Single-sided unit4 Cut lettering applied using adhesive
to both sides of this Oatmeal panel
Unit assembled as one piece, all joins
and surfaces filled and smooth, and
surface painted Oatmeal and Matthews
Clear Coat.

Rubber feet pads x4/unit
L5: Special collection ID
4-1/2”
L5.313, 314, 315, 316
31-1/2” x 5-1/4”
5”
1/2”2”
1/2”
Cut lettering applied using adhesive
to front side of this Oatmeal panel
Unit assembled as one piece, all joins
and surfaces filled and smooth, and
surface painted Oatmeal and Matthews
Clear Coat. All corners and edges
smoothed for safety.

Rubber feet pads x4/unit
3/4”2”
3/4”
Sign type L5 has been removed from the Campbell Library scheme, but re- mains in this Design Guidance document for reference incase of reinsertion Framework fabricated from vendor recommended material,
surface painted Oatmeal

15.b
Packet Pg. 529
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
19 L6: Special space ID
17”
L6
L6: Special space ID
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 10% scale1
117”
17”
17”
Front face
5/8”
Syntax Bold lettering
first surfaces and edges
painted Oatmeal
8”
Single-sided side view, 20% scale3
1/4”
L6: Special space ID
17”
1/4” gauge aluminum cut lettering.

All edges and corners polished and smoothed
for safety.

Front face and edges surface baked enamel
Oatmeal.

Suggest lettering is attached to 5/8” bar to form
one unit, + characters ‘h’ and ‘e’ .
3/4” gauge aluminum bar.

All edges polished and smoothed for safety.

Front face and edges surface baked enamel Oatmeal.
89-1/2”
First surface and edges
painted Oatmeal
78-1/2”
3/4”

15.b
Packet Pg. 530
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
20 L6
L6: Special space ID
JOB NO.

SCALE

SHEET NUMBER
DATE

SHEET TITLE

REVISIONS
OWNER

PROJECT
2022-01-21 4:47:27 PM
W2.02

WAYFINDING SIGNAGE

SIGN INSTALL

ELEVATIONS

CAMPBELL LIBRARY

RENOVATION
02/11/2022
2020-01

PERMIT SET
77 HARRISON AVENUE
CAMPBELL, CA 95008

CITY OF CAMPBELL
REN. 08-31-23

ABRAHAM JAYSON
No. C33239
NO. DATE DESCRIPTION

LICENSED ARCHITECTSTATE O
F C

ALIFORNIA
BB
.
.
.
.
.
.
.
.
1/4" = 1'-0"W2.02

LOBBY / MARKETPLACE - NORTH

CC CC CCBB
DD
.
.
.
.
.
.
.
.
.
.
.

OPEN TO
BEYOND
.
1/4" = 1'-0"W2.02
LOBBY / MARKETPLACE - SOUTH2
1 L1.207
17-1/2” x 17“
Flag mounted
60”
88”
L6.241
117” x 17-5/8“
Wall mounted
Community
Room A
L1.205
17-1/2” x 10“
Glass mounted
R1.306
9” x 11-1/2“
Glass mounted

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3

EXIT ROUTE

SPRINKLER

RISER ACCESS
R5.220
8” x 6-1/2”
Wall mounted

FIRE DOOR, KEEP CLOSED

ALARM WILL SOUND
FE.243
15” x 3”
Door mounted
R2.227
7” x 6-1/4“
Glass mounted
R2.228
7” x 6-1/4“
Glass mounted
R2.229
7” x 6-1/4“
Glass mounted
60”
88”

MEETING
ROOM 1

MEETING
ROOM 2

MEETING
ROOM 3
R2.225
14” x 10“
Flag mounted
Meeting Rooms
Text insert
M5.226
11” x 19“
Wall mounted
CHILDREN’S
ROOM
R2.301
9” x 6-1/4“
Glass mounted
Install Design Intent: Cedar slat wall mount4
Sign L6.241
48”
Note location on slatNote location on slat
Plan placement on cedar slat wall shown here.

Fabricator to prepare template to detail and show attach stud attachment points.

15.b
Packet Pg. 531
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
21 D1
D1: Directional, eye-height
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1 3-D View2
Varies
Arrow: 2”
Varies
Text: 1-1/8”
3” radius corner
D1: Directional, eye-height
1-5/8” & 1-1/8” X-heights
D1.105
21“ x 39”
LOBBY
Exit
LOWER
Adult & Teen
Elevator
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
Elevator
D1.201
15-1/2” x 26”
D1.401
23-1/2“ x 39”
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Additional Restrooms
Elevator
WW to work on all spacing for accuracy.

Convert to paths and delete inner paths.
3” radius corner
D1: Directional, eye-height
1-5/8” & 1-1/8” X-heights
D1.105
21“ x 39”
LOBBY
Exit
LOWER
Adult & Teen
Elevator
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
Elevator
D1.201
15-1/2” x 26”
D1.401
23-1/2“ x 39”
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Additional Restrooms
Elevator
WW to work on all spacing for accuracy.

Convert to paths and delete inner paths.

Syntax Bold White
screen printed on first surface
Reverse surface paint,
PMS Black 7
Oatmeal bar screen printed
on first surface.

Syntax Roman Uppercase Oatmeal screen
printed on first surface
Arrow Oatmeal screen printed
on first surface
Graphics screen printed
White and Oatmeal
on first surface.

Symbol: 1-3/4”
Text: 1-5/8”
Bar: 3/16”

15.b
Packet Pg. 532
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
22 D1: Directional, eye-height
1-5/8” & 1-1/8” X-heights
D1.105
21“ x 39”
LOBBY
Exit
LOWER
Adult & Teen
Elevator
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
Elevator
D1.201
15-1/2” x 26”
D1.401
23-1/2“ x 39”
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Additional Restrooms
Elevator
WW to work on all spacing for accuracy.

Convert to paths and delete inner paths.

Install Design Intent: Wall Mount, top view4
D1
D1: Directional, eye-height
Single-sided side view, 20% scale3
1/8” 3/4”
D1: Directional, eye-height
1-5/8” & 1-1/8” X-heights
D1.105
21“ x 39”
LOBBY
Exit
LOWER
Adult & Teen
Elevator
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
Elevator
D1.201
15-1/2” x 26”
D1.401
23-1/2“ x 39”
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Additional Restrooms
Elevator
WW to work on all spacing for accuracy.

Convert to paths and delete inner paths.
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.

Sign core
Front face
Sign studded to wall Wall
D1.105 and D1.201: When attaching to wall with Calico graphic wall covering, prefer to only stud as needed to preserve the wallcovering.

15.b
Packet Pg. 533
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
23 O1: Elevator directory, eye-height
15/16” & 5/8” X-heights
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
O1
O1: Orientational, eye-height
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1 3-D View2
11”
24”
Text: 5/8”
3” radius corner
O1: Elevator directory, eye-height
15/16” & 5/8” X-heights
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
3” radius corner
Syntax Bold White
screen printed on first surface
Reverse surface paint,
PMS Black 7
Oatmeal bar screen printed
on first surface.

Syntax Roman Uppercase Oatmeal
screen printed on first surface
Graphics screen printed
White and Oatmeal
on first surface.

Symbol: 7/8”
Text: 15/16”
Bar: 3/16”

15.b
Packet Pg. 534
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
24 O1: Elevator directory, eye-height
15/16” & 5/8” X-heights
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
Install Design Intent: Wall Mount, top view4
O1
O1: Orientational eye-height
Single-sided side view, 20% scale3
1/8” 3/4”
O1: Elevator directory, eye-height
15/16” & 5/8” X-heights
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit
UPPER
Children’s Room
Account Services
Community Rooms
Meeting Rooms
The Overlook
Restrooms
LOWER
Adult & Teen
LOBBY
Exit 1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.

Sign core
Front face
Sign studded to wall Wall
Attachment inside elevator may not permit studs.

15.b
Packet Pg. 535
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
25 O2: Elevator button ID’s, eye-height
5/8” X-height + Braille
UPPER
LOBBY
LOWER
UPPER
LOBBY
LOWER
O2
O2: Elevator button ID’s, eye-height
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1
7”
5-3/4”
1-1/4” radius corner
Syntax Roman Tactile White
on first surface
Reverse surface paint,
PMS Black 7
5/8”
Contracted Grade 2 Braille
Signs to conform to California Building Code
Single-sided side view, 20% scale2
1/8”
O2: Elevator button ID’s, eye-height
5/8” X-height + Braille
UPPER
LOBBY
LOWER
UPPER
LOBBY
LOWER
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Graphics attached to first surface.

Sign dimensions and artwork subject to change once elevator specification is known.

Attachment to elevator wall to be as recommended by fabricator.

15.b
Packet Pg. 536
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
26 M1: Opening hours

LIBRARY
HOURS
Mon & Tues: 1pm – 9pm
Wed – Sat: 10am – 6pm
Sun: 1pm – 5pm
www.sccld.org

LIBRARY
HOURS
Mon & Tues: 1pm – 9pm
Wed – Sat: 10am – 6pm
Sun: 1pm – 5pm
www.sccld.org
1/8” back panel:
painted PMS Black 7.
1/16” spacer
1/16” spacer
White card stock insert;
laser text printing
1/8” non-glare acrylic P99:
*inkjet print of permanent
graphics adhered to rear.

Glass window
Library exteriorLibrary interior
Top runner (1/2”)
glued to glass, painted PMS Black 7.

Consider exterior vinyl cover strip to hide adhesive.

Top runner (1/2”)
glued to glass, painted PMS Black 7.

Consider exterior vinyl cover strip to hide adhesive.

M1
M1: Opening hours, eye-height
Installation scenario(s): Wall Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1
17”
9”
Syntax Bold White
on subsurface digital print
Subsurface digital print
7/8”
Single-sided side view, 20% scale2
M1: Opening hours

LIBRARY
HOURS
Mon & Tues: 1pm – 9pm
Wed – Sat: 10am – 6pm
Sun: 1pm – 5pm
www.sccld.org

LIBRARY
HOURS
Mon & Tues: 1pm – 9pm
Wed – Sat: 10am – 6pm
Sun: 1pm – 5pm
www.sccld.org
1/8” back panel:
painted PMS Black 7.
1/16” spacer
1/16” spacer
White card stock insert;
laser text printing
1/8” non-glare acrylic P99:
*inkjet print of permanent
graphics adhered to rear.

Glass window
Library exteriorLibrary interior
Top runner (1/2”)
glued to glass, painted PMS Black 7.

Consider exterior vinyl cover strip to hide adhesive.

Top runner (1/2”)
glued to glass, painted PMS Black 7.

Consider exterior vinyl cover strip to hide adhesive.
5/8”
Printed insert on white stock

15.b
Packet Pg. 537
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
27 M2: Service desk information
3/4” X-height
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Account Services
M2
M2: Service desk information, eye-height - VINYL GRAPHIC Installation scenario(s): Shelving Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1
Syntax Bold, 3M vinyl PMS Black 7
2-3/8”
2-5/8”
24”
7/8”
2-3/8”
Layout Intent, 20% scale2
Sign M2.231 to be installed with sign L2.230
M2: Service desk information
3/4” X-height
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Library account applications & support
Payments | Assistance with your PIN | Lost & found
Account Services
1-1/4”
Right aligned

15.b
Packet Pg. 538
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
28 M3: SCCLD logo
M3
M3: SCCLD Logo, eye-height - VINYL GRAPHIC
Installation scenario(s): Glass Mount
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 50% scale1
3M vinyl cut vinyl2-3/4”
8”

15.b
Packet Pg. 539
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
29 M4: Desk panel
5/8” X-height
A staff member
will be back shortly
A staff member
will be back shortly
M4: Desk panel
5/8” X-height
A staff member
will be back shortly
A staff member
will be back shortly
M4
M4: Desk Panel
Installation scenario(s): Freestanding/desk
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 50% scale1
3-D View2
8-1/2”
Reverse surface paint,
PMS Black 7
5/8”
5/8”
4”
Front face
1/2”
1-1/4” radius corner
1-1/4” radius corner
Syntax Bold
screen printed
White on first surface.
5/8” Min 5/8”
Single-sided side view, 50% scale3
M4: Desk panel
5/8” X-height
A staff member
will be back shortly
A staff member
will be back shortly
1/8” acrylic non-glare P99 with smoothed edges and
eased corners.

Reverse surface painted PMS Black 7
Attached to sign core using adhesive.

Graphics screen printed on first surface.
1/2” Sign core fabricated from vendor
recommended material. Visible surface
smoothed and painted Oatmeal.
1-1/8”
1-1/8”
1/2” base plate, permanently attached to sign core.

Fabricated from vendor recommended material.

Visible surface smoothed and painted Oatmeal and
Matthews Clear Coat.
1/2”1/8” 1/8”
1-3/4”
Rubber feet pads x4/unit

15.b
Packet Pg. 540
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
30 M5
M5: Information insert sign
Installation scenario(s): Wall mounted
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1 3-D View2
Meeting Rooms
Text insert
M5.226
Size: 11” x 19”
M5: Informational sign
3/4” X-height
Meeting Rooms
Text insert
Meeting Rooms
Text insert
M5.226
Size: 11” x 19”
M5: Informational sign
3/4” X-height
Meeting Rooms
Text insert
11”
Reverse surface paint,
PMS Black 7
19”
Front face
1-1/4” radius corner
Syntax Bold
screen printed
White on first surface.
5/8”
14”
4”
7/8”
5/8”
3/4”
2”
9-3/4” x 14” masked window
for viewing printed white
cardstock insert. Text on
cardstock tbd.
1-1/4” radius corner
Window for paper insert
Spacers to support printed
insert measuring 11” x 15”
Dashed outline indicates
printed insert measuring
11” x 15”

15.b
Packet Pg. 541
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
31 Meeting Rooms
Text insert
M5.226
Size: 11” x 19”
M5: Informational sign
3/4” X-height
Meeting Rooms
Text insert
Install Design Intent: Wall Mount, top view4
M5
M5: Information insert sign
Side view, 20% scale3
1/8” 3/4”
Sign core
Front face
Sign studded to wall Wall
Meeting Rooms
Text insert
M5.226
Size: 11” x 19”
M5: Informational sign
3/4” X-height
Meeting Rooms
Text insert
1/16” spacer
Right side viewLeft side view
1/8”3/4”
1/16” spacer
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to 1/16” spacer using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.
1/16” acrylic spacer measuring 11” x 3-3/8”
Thumb hole to be cut into 1/4” sign core.

Cut semi-circular hole 1/4” x 2-1/2” from rhs.

Spacer opening 11” x 15-1/2”
1/16” acrylic spacer measuring 11” x 3/8”

15.b
Packet Pg. 542
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
32 M6
M6: Informational sign
Installation scenario(s): Wall mounted
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 50% scale1
10”
3/4”7-1/2”
Front face
7/8”
Single-sided side view, 50% scale2
M6: Informational sign
3/4” X-height
Gender neutral
restroom located
on Lower Level
Gender neutral
restroom located
on Lower Level
1”
1-1/2”
M6: Informational sign
3/4” X-height
Gender neutral
restroom located
on Lower Level
Gender neutral
restroom located
on Lower Level
Reverse surface paint,
PMS Black 7
1-1/4” radius corner
Syntax Bold screen printed
White on first surface.

Symbol screen printed
White & Oatmeal on first surface.
5/8”
3/4”
1/2”
7/8”
M6: Informational sign
3/4” X-height
Gender neutral
restroom located
on Lower Level
Gender neutral
restroom located
on Lower Level
Install Design Intent: Wall Mount, top view3
Sign core
Sign attached to wall
using silicone adhesive
Wall
1/8” 3/4”
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to sign core using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.

Front face

15.b
Packet Pg. 543
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
33 R1
R1: Room ID sign, public w/events
Installation scenario(s): Wall/glass mounted
Typical visual shown, refer to message schedule for legends, variations and dimensions. Illustrator vector artwork provided for all variations.

Sign Face, 20% scale1 3-D View2
R1: Room ID, public w/events
3/4” + Braille
R1.206
9” x 11-1/2“

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
R1.211
9” x 11-1/2“

COMMUNITY
ROOM B
Event line 1
Event line 2
Event line 3

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
R1: Room ID, public w/events
3/4” + Braille
R1.206
9” x 11-1/2“

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
R1.211
9” x 11-1/2“

COMMUNITY
ROOM B
Event line 1
Event line 2
Event line 3

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
9”
11-1/2”
Front face
1-1/4” radius corner
Syntax tactile raised min 1/32”
& screen printed White
on first surface.
3/4”
4-3/4”
2-1/8”
3/4”
3/4”
7-1/2” x 4-3/4” masked
window for viewing printed
white cardstock insert. Text
on cardstock tbd.
1-1/4” radius corner
Window for paper insert
Spacers to support printed
insert measuring 9” x 5-1/2”
Dashed outline indicates
printed insert measuring
9” x 5-1/2”
3/4”
1/2”
3/4”
1/2” Contracted Grade 2 Braille
Signs to conform to California Building Code
1-3/8”

15.b
Packet Pg. 544
Attachment: Contract Documents - Campbell Library Renovations Project (No. 23-SS) (Campbell Library Renovation Project) Project: Campbell Library Wayfinding
Document: Design Guidelines
Phase: Final Art
Issue: V2 Bid Set
Date: 14 April 2023
34 R1
R1: Room ID sign, public w/events
Side, 20% scale3
R1: Room ID, public w/events
3/4” + Braille
R1.206
9” x 11-1/2“

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
R1.211
9” x 11-1/2“

COMMUNITY
ROOM B
Event line 1
Event line 2
Event line 3

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
Right side viewLeft side view
Installation, Wall Mount, top view4
R1: Room ID, public w/events
3/4” + Braille
R1.206
9” x 11-1/2“

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
R1.211
9” x 11-1/2“

COMMUNITY
ROOM B
Event line 1
Event line 2
Event line 3

COMMUNITY
ROOM A
Event line 1
Event line 2
Event line 3
Sign core
Sign studded to wall Wall
Front face
1/8” 3/4”
1/16” spacer
1/8”3/4”
1/16” spacer
1/8” acrylic non-glare P99 with smoothed edges
and eased corners. Reverse surface painted PMS
Black 7.

Attached to 1/16” spacer using adhesive.

Graphics screen printed on first surface.

Sign core fabricated from vendor recom-
mended material. Visible surface smoothed
and painted Oatmeal and Matthews Clear
Coat.
1/16” acrylic spacer measuring 9” x 5”
Thumb hole to be cut into 1/4” sign core.