Campbell City Council
November 7, 2023

City Council Agenda
City of Campbell, 70 N. First St., Campbell, California NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.

This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.

The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.

Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.

Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, November 7, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.

Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

1. Minutes of City Council Special Meeting of August 28, 2023 Recommended Action: Approve the special meeting minutes of August 28, 2023.

2. Minutes of City Council Executive Session Meeting of October 17, 2023 Recommended Action : Approve the executive session meeting minutes of October 17, 2023.

3. Minutes of City Council Regular Meeting of October 17, 2023 Recommended Action : Approve the regular meeting minutes of October 17, 2023.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,217,884.77.

5. Monthly Investment Transactions Report (September 2023) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for September 2023.

6. Investment Report - Quarter Ending September 2023
Recommended Action: That the City Council approve the Investment Report for the quarter ending September 2023 and the report be noted and filed.

7. Monthly Treasurer's Report (September 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended September 30, 2023.

8. Approval of the Vacation of the Light and Air / Building (Setback) Lines Created by Tract Map No. 1314 (Portions of Parsons Avenue, Fairbanks Avenue, Sharp Avenue, and Sharp Court) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution (1) summarily vacating the Light and Air/Building (Setback) Lines created by Tract Map No. 1314; and (2) directing the City Clerk to record the resolution.

9. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050

which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public mone y to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

10. Resolution Approving an Agreement with Cupertino Electric, Inc., in an Amount Not to Exceed $197,801, to Provide Equipment and Labor Services for the Community Center Transformer Replacement Project (CIP No. 23 - AA) and Allow the City to Dispense with Its Formal Bidding Procedures as Specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for Emergency Situations Requiring Services to Safeguard Life, Health, And/Or Property; and Authorizing the City Manager to Execute Said Agreement as Specified in CMC Section 3.20.100 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement Project (CIP No. 23 -AA), and allowing the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for emergency situations requiring services to safeguard life, health, and/or property; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

11. Award a Consultant Service Agreement for the Hamilton Avenue Resurfacing Project 23-BB, and Authorize the City Manager to Execute Said Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to award a consultant service agreement in the amount of $527,780 for the Hamilton Avenue Resurfacing Project 23 -BB and authorize the City Manager to execute said agreement.

12. Resolution Approving Specifications for and Authorizing Issuance of Request for Proposals (RFP) for Investment Advisory Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving specifications and authorizing issuance of a Request for Proposals (RFP) for Investment Advisory Services.

13. Resolution Approving and Awarding a Contract with Mobile Modular, in an Amount Not to Exceed $261,728, to Provide Labor and Equipment Services for the Service Center Portable Building Replacement Project (CIP No. 17 - SS); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving and awarding a contract with Mobile Modular, in an amount not to exceed $261,728, to provide labor and equipment services for the Service Center Portable Building Replacement project (CIP No. 17 -SS), and allow the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC)

Section 3.20.030(6) for the procurement of these services through the City’s membership with Sourcewell (a Cooperative Purcha sing Firm) and Mobile Modular’s participation as a Sourcewell -certified vendor; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

14. Continued Public Hearing to Consider an Appeal of the Planning Commission’s Denial of a Conditional Use Permit with Site and Architectural Review to Allow Reconstruction of a Shell Gasoline Service Station with an Expanded Convenience Store Including Off -Site Alcohol Beverage Sales, a Drive-Through Carwash, and 24-Hour Operational Hours; and a Tree Removal Permit Removal of All On -Site Trees, for Property Located at 570 E. Hamilton Avenue. File No.: PLN -2022-44 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution denying the appeal and upholding the Planning Commission's denial of a Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit.

15. Public Hearing to Consider an Interim Ordinance to Adopt Urgency Revisions to Title 21 Related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to Conform with Recent Guidance from the California Department of Housing and Community Development (HCD). File No. PLN-2023-132 (Ordinance – 4/5 Roll Call Vote).

Recommended Action: Adopt an Interim Ordinance, approving urgency revisions to Title 21 to conform with recent feedback and direction from the California Department of Housing and Community Development (HCD) regarding accessory dwelling units.

NEW BUSINESS

16. Approval of the Cities Association of Santa Clara County’s Proposed Joint Powers Agreement (JPA) and Authorization for the City Manager to Execute the JPA
Recommended Action: That the City Council approve the Cities Association of Santa Clara County's proposed Joint Powers Agreement (JPA) to establish the Cities Association of Santa Clara County Joint Powers Agency and authorize the City Manager to execute the JPA.

17. Acceptance of Organized Retail Theft Grant Funds (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving an agreement and authorizing the Police Chief to execute the agreement setting forth terms under which the City of Campbell may accept the Organized Retail Theft Grant - California Board of State and Community Corrections, and approve

a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.

UNFINISHED BUSINESS

18. Resolution Approving Relief of Bid Submitted by Bobo Construction, Inc. (BCI) for the Measure O – Police Operations Building Project (CIP No. 23 - RR) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the relief of bid submitted by Bobo Construction, Inc. for construction of the Measure O - Police Operations Building Project, and authorizing the subsequent release of their bid bond, in accordance with the terms and conditions set forth in California Public Contract Code Chapter 5. ‘Relief of Bidders’ [Sections 5100 - 5110].

19. Review Funding Options for Measure O Police Operations Building Recommended Action: That the City Council provide feedback to staff regarding funding options for the Measure O - Police Operations Building Project (No. 23 - RR).

COUNCIL COMMITTEE REPORTS

20. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.

In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Monday, August 28, 2023 – 5:30 PM
Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the City Hall Doetsch Conference Room, 70 N. First St., Campbell, California.

ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present

PUBLIC COMMENT
There were no public comments.

NEW BUSINESS

1. Planning Commissioner Interviews
Recommended Action: That the City Council conduct interviews and appoint one applicant to serve on the Planning Commission for a full four -year term expiring August, 2027.

The City Council conducted interviews with the following applicants: Stuart Ching (Remote), Cori Majewski and Frank Nilsen. The applicants were asked a series of questions regarding their qualifications and experience.

The City Council discussed and evaluated each applicant’s responses to the interview questions, their qualifications, and experiences in the community as part of the selection process.
1 Packet Pg. 6
Minutes Acceptance: Minutes of Aug 28, 2023 5:30 PM (CONSENT CALENDAR)

Minutes of August 28, 2023 City Council Meeting Page 2 M/S: Landry/Lopez – That City Council appoint Cori Majewski to the Planning Commission for a full four -year term expiring August, 2027. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

ADJOURN

Vice Mayor Bybee adjourned the meeting at 6:40 p.m.

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

1 Packet Pg. 7
Minutes Acceptance: Minutes of Aug 28, 2023 5:30 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

CITY COUNCIL EXECUTIVE SESSION
Tuesday, October 17, 2023 – 6:00 PM
Doetsch Conference Room
70 N. First Street, Campbell, California

This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, Campbell, California.

ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel

B. Litigation - CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: (1 Case): The low bidder on the Campbell Police Operations project has requested that its bid be withdrawn, exposing the City to a significant exposure to litigation under California Public Contracts Code Section 5101 et. Esq.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code section 54956.9) Name of Case: FPPC v. City of Campbell et. al.

C. Real Property

D. Labor Negotiations

2 Packet Pg. 8
Minutes Acceptance: Minutes of Oct 17, 2023 6:00 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 2 The City Council met in Executive Session to discuss two items under B – Litigation. City Manager Loventhal and City Attorney Seligmann were in attendance for both items. Assistant City Manager Gaeta and Public Works Director Capurso were in attendance for the first Item under B. Outside counsel Gary Winuk of Kaufman Legal Group was in attendance virtually for the second item under B.

ADJOURN
Mayor Bybee adjourned the meeting at 6:58 p.m.

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

2 Packet Pg. 9
Minutes Acceptance: Minutes of Oct 17, 2023 6:00 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 17, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter.

CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Assemblymember Marc Berman in recognition of his donation to the City of Campbell.

Mayor Bybee presented Assemblymember Berman with a Certificate of Appreciation for leading the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Presentation of State ADA Funding
Recommended Action: Accept presentation from Assemblymember Marc Berman's Office regarding funding from the State of California for City Hall ADA improvements.

Mayor Bybee invited Assemblymember Berman up to the podium and provided her thanks on behalf of the City Council for his leadership and assisting the City in securing grant funding for City Hall ADA improvements.

3 Packet Pg. 10
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 2 Assemblymember Berman presented a check to the City of Campbell in the amount of $500,000 to make needed structural changes to City Hall, including public meeting spaces and front counters. Assemblymember Berman noted the great partnership with the City and its residents. He stated to obtain information on the Office of Assemblymember Berman, to please visit their website.

Assemblymember Berman recognized his Field Representative, Pablo Velasquez and highlighted his upcoming Community Coffee event in Campbell, also hosted by Mayor Bybee to provide an opportunity for constituents to hear about what the legislature has accomplished during the Legislative Session.

Councilmembers provided their thanks and appreciation for the funding and partnership.

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

Jim Free, Campbell Veterans Memorial Foundation President, announced the Foundation will be holding their annual fundraising dinner event on November 17, 2023 at Villa Ragusa. Funds raised will help to support West Valley Community College scholarship program for returning veterans. Keynote speaker will be Command Sergent Major Patrick McKie.

Jiatian Wu, Campbell resident, stated concerns with not being able to sub -divide the home he recently purchased. The home is located in the PD (Planned Development) zone but the land use is for single -family residential and does not qualify for SB9 allowances.

Mayor Bybee requested staff follow-up with Mr. Wu.

COUNCIL ANNOUNCEMENTS
The City Clerk’s office is accepting applications for the Bicycle and Pedestrian Advisory Committee and Historic Preservations Board. To find out more about this Committee, or to apply, please contact the City Clerk’s office at (408) 866 -2117, or visit the city’s website at campbellca.gov.

Come out with your family and friends for the 28 th annual Oktoberfest from 10:00 am to 6:00 pm on Saturday, October 21 and Sunday, October 22. There will be a Beer Garden filled with top notch German beers, mouthwatering authentic German food and music, and the downtown area will be lively with 100+ arts and craft booths.

There is still time to participate in the 16 th annual Oktoberfest 5K and 10K Fun Run at 9:00 am on Saturday, October 21 at Campbell Park. For more information, please visit campbellca.gov.

3 Packet Pg. 11
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 3 Free Youth Heart Screening at the Campbell Community Center, Orchard City Banquet Hall from 9:00 am to 4:pm on Saturday, October 28. For additional information, please visit campbellca.gov.

Bring your two and four legged little ghouls, goblins and superheroes to the Creepy Crawly Halloween event for some good fun and trick or treating on Sunday, October 29 from 4-6pm in Downtown Campbell.

CONSENT CALENDAR

Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.

The Consent Calendar was considered as follows:

2. Minutes of City Council Executive Session Meeting of September 19, 2023 Recommended Action: Approve the executive session meeting minutes of September 19, 2023.

This action approves the executive session meeting minutes of September 19, 2023.

3. Minutes of City Council Study Session Meeting of October 3, 2023 Recommended Action: Approve the study session meeting minutes of October 3, 2023.

This action approves the study session meeting minutes of October 3, 2023.

4. Minutes of City Council Regular Meeting of October 3, 2023 Recommended Action: Approve the regular meeting minutes of October 3, 2023.

This action approves the regular meeting minutes of October 3, 2023.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $5,843,122.68.

This action approves the bills and claims in the amount of $5,843,122.68, as follows: bills and claims checks dated September 18, 2023, in the amount of $760,540.11; bills and claims checks dated September 25, 2023, in the amount of $5,011,826.43; and payroll checks dated September 28, 2023, in the amount of $70,792.14.

6. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/ Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 3 Packet Pg. 12
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 4 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public mone y to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

Resolution 13063 accepts updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050.

7. Resolution Approving and Awarding a Contract with Brightview Tree Care Services, Inc., in an Amount Not to Exceed $150,000, to Provide Tree Maintenance Services for a Period of Up to One (1) Year, with Options for the City to Renew Up to Four (4) Additional One (1) Year Service Contracts, for a Total of Up to Five (5) Years; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section

3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving and awarding a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a period of up to one (1) year, with options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, and as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) which allows the City to procure these services based on the results of a competitive bid process conducted by the Town of Los Gatos and their subsequent award of contract to Brightview on June 20, 2023; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

Resolution 13064 approves and awards a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a period of up to one (1) year, with options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, and as specified in Campbell Municipal Code (CMC) Section

3.20.030(6) which allows the City to procure these services based on the results of a competitive bid process conducted by the Town of Los Gatos and their subsequent award of contract to Brightview on June 20, 2023; and authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

8. Acceptance of Donations from the Campbell Police Foundation (Resolution/Roll Call Vote)
Recommended Action: It is recommended that the City Council adopt a resolution to accept donations in the aggregate amount of $17,459.24 from the Campbell Police Foundation for a therapy dog, equipment, and support for the Campbell Police Department.

3 Packet Pg. 13
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 5 Resolution 13065 accepts donations in the aggregate amount of $17,459.24 from the Campbell Police Foundation for a therapy dog, equipment, and support for the Campbell Police Department.

9. Fiscal Year 2023 Year-End Fiscal Update (Resolution/Roll Call Vote) Recommended Action: It is recommended that the City Council receive an update on un -audited Fiscal Year (FY) 2023 year -end General Fund actual revenues and expenditures and adopt a Resolution authorizing year -end correcting Budget Adjustments.

Resolution 13066 authorizes year-end correcting Budget Adjustments.

M/S: Landry/Lopez - That the City Council approve the Consent Calendar.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

There are no public hearings and introduction of ordinances.

NEW BUSINESS

10. Amendment to the Classification and Salary Plan – Plan Check Examiner (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution amending the Classification and Salary Plan to add a new classification and corresponding salary range for a Plan Check Examiner and approving a corresponding budget adjustment.

Assistant City Manager Gaeta presented a staff report dated October 17, 2023.

Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.

After discussion, M/S: Landry/Scozzola – That the City Council adopt Resolution 13067 amending the Classification and Salary Plan to add a new classification and corresponding salary range for a Plan Check Examiner and approving a corresponding budget adjustment. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Scozzola
3 Packet Pg. 14
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 6 AYES: Bybee, Landry, Furtado, Lopez, Scozzola

11. Resolution Authorizing the Issuance of a Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre and Authorizing the City Manager to Negotiate Services Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing issuance of a Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre and authorizing the City Manager to negotiate a Services Agreement with the most qualified firm.

Recreation and Community Services Director Bissell presented a staff report dated October 17, 2023.

Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.

After discussion, M/S: Scozzola/Furtado - That the City Council adopt Resolution 13068 authorizing issuance of a Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre and authorizing the City Manager to negotiate a Services Agreement with the most qualified firm. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

12. Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an agreement setting forth terms under which the City of Campbell accepts the 2024 Selective Traffic Enforcement Program Grant from the State of California - Office of Traffic Safety, authorizing the City Manager to execute the agreement, and approving a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.

Police Captain Livingston presented a staff report dated October 17, 2023.

Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.

After discussion, M/S: Lopez/Scozzola – That the City Council adopt Resolution 13069 approving an agreement setting forth terms under which the City of Campbell accepts the 2024 Selective Traffic Enforcement Program Grant from the State of California - Office of Traffic Safety, authorizing the City Manager to execute the agreement, and approving a budget adjustment to recognize the grant revenue and corresponding grant related expenditures. The motion was adopted by the following roll call vote:
3 Packet Pg. 15
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 7 RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

13. Review and Provide Feedback on the Development of New Housing Overlay Zoning Districts and Related Amendments to the Campbell Municipal Code and Zoning Map.

Recommended Action: That the City Council receive the report and provide feedback on the development of three new Housing Overlay zoning districts and related amendments to the Campbell Municipal Code and Zoning Map.

Community Development Director Eastwood provided an introduction of the item.

Senior Planner Rose presented Part 1 of the staff report dated October 17, 2023.

He asked the Council to provide feedback on key considerations as follows: (1) should the Affordable Housing Overlay Zone (AHOZ) be designed to compete or compliment the State Density Bonus Law; (2) what tradeoffs and incentives should be used; and (3) where should the AHOZ apply.

In response to Councilmember questions, Senior Planner Rose stated, staff will return to Council and provide developer feedback.

Following Council questions Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.

In response to Part 1, Councilmember Lopez expressed interest in hearing developer feedback before deciding on competing with or complimenting State Bonus Law. Councilmember Lopez was supportive of having as many affordable units as possible but was not comfortable with having less desirable locations for affordable units. He stated some concerns with the undergrounding of utilities and was interested in hearing alternative ways to address it. He was generally supportive of the staff recommendation in havin g the AHOZ apply city -wide and suggested a potential tiered approach.

In response to Part 1 Vice Mayor Landry also stated support in hearing developer feedback before deciding on competing or complimenting State Bonus Law. She was not supportive of any further parking reductions; and stated budgetary concerns with reduced fees and undergrounding of utilities. She stated general support to apply city -wide but suggested incentives in the Pruneyard to Southwest Expressway Corridor to encourage a higher density.

In response to Part 1 Councilmember Furtado, stated support for the undergrounding of utilities as an incentive. He would like to see a more uniform policy thereof.

In response to Part 1, Councilmember Scozzola requested additional feedback from developers and from the public. He requested further information if 3 Packet Pg. 16
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 8 developers and residents would be open to removing the 75ft building height restriction.

In response to Part 1, Mayor Bybee stated preference for a program that compliments the incentives as that could provide greater flexibility in reaching the ultimate goal of more affordable housing. She stated concerns with the utility undergrounding and suggested some type of fee waiver to accommodate smaller developers. Mayor Bybee agreed with Councilmember Lopez regarding the location of BMR units. She noted the importance of keeping the Adjacency Standards where possible.

Senior Planner Rose presented Part 2 of the staff report related to the Reuse Overlay and Part 3, addressing the By -Right Housing Overlay. Three options were presented with the staff recommendation laying with option 3: Protect Mixed-Use requirements.

There was a general consensus of the City Council to support option 3.

Councilmember Furtado stated concerns with the emphasis on protecting mixed - use and preferred option 2.

COUNCIL COMMITTEE REPORTS

14. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

Vice Mayor Landry attended the Santa Clara County Library District Finance Committee meeting; the Virginia Park Dedication event; in the Mayors absence, attended the Solidarity for Israel event at the Jewish Community Center; and attended a Women in Construction event.

Councilmember Lopez attended the Virginia Park Dedication; the Solidarity for Israel event; attended the 50 th Anniversary Celebration of Wesley Manor; attended the Santa Clara Valley Transportation Authority Board of Directors meeting, and noted an upcoming workshop to be held Friday, October 20 at 9:00 a.m. at VTA headquarters and virtually; attended meetings of the Bay Area Bay Area Quality Management District Board of Directors; attended Assemblymember Ash Kalra’s Veggie Fest in San Jose; helped organize the Lague of California Cities Peninsula Division event on mental health; and attended the Campbell Interfaith Ministerial Association meeting.

Councilmember Scozzola attended the Virginia Park Dedication and the Silicon Valley Clean Energy Board of Directors study session.

Mayor Bybee attended the Friends of the Heritage Theatre meeting; the Cities Association of Santa Clara County meeting; the Virginia Park Dedication and the 50th Anniversary Celebration of Affordable Housing at Wesley Manor with 3 Packet Pg. 17
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 17, 2023 City Council Meeting Page 9 Councilmembers Furtado and Lopez and was presented with a Certificate of Recognition for support and service to the residents of Wesley Manor.

ADJOURN
Mayor Bybee adjourned the meeting at 9:14 p.m.

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

3 Packet Pg. 18
Minutes Acceptance: Minutes of Oct 17, 2023 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $1,217,884.77.

DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:

Type Check Date Amount
Bills & Claims October 02, 2023 $362,297.94
Bills & Claims October 09, 2023 $444,856.12
Payroll October 12, 2023 $32,318.64
Bills & Claims October 16, 2023 $378,412.07
Total $1,217,884.77

FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.

Prepared by:

Celia Deniz, Accounting Clerk II
Item: 4
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
4 Packet Pg. 19
Reviewed by:

Will Fuentes, Finance Director

Approving Bills and Claims Page 2 of 2
Brian Loventhal, City Manager
4 Packet Pg. 20
Approved by:

City
Council
Report
TITLE: Monthly Investment Transactions Report (September 2023)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for September 2023.

BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and is also submitted to the City Council within 45 days from the end of the prior quarter.

DISCUSSION
This Monthly Investment Transaction Report covers September 2023. As shown in Attachment A , staff made one $1.3M deposit in and one $2.4M withdrawal from the City’s Local Agency Investment Fund (LAIF) to manage weekly expenditures. The monthly LAIF investment rate rose to 3 .534%. $60,500 in BNY investment interest earned was deposited into the City’s Wells Fargo cash account. Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5 , 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.

FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.

Item: 5
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
5 Packet Pg. 21
Monthly Investment Transactions Report (August 2023) Page 2 of 2 Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-9.30.23
5 Packet Pg. 22

CITY OF CAMPBELL
Monthly Investment Transactions Report
September 1 to September 30, 2023
Account Trans. Date Sep 2023
LAIF - ******137
Average Monthly Yield 3.534%
Beginning Balance 65,681,851$
Transactions
Deposit 08/21/2023 1,300,000
Withdrawal 09/25/2023 (2,400,000)
Monthly Total (1,100,000)
Ending Balance 64,581,851$
Account*** Trans. Date Sep 2023
Bank of New York (BNY) - ******818
Beginning Balance 26,999,860$
Transactions
Ending Balance 26,999,860$
***BNY Investment interest received and posted to Wells Fargo cash account 60,500$

5.a
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Attachment: Monthly Investment Activity Report-9.30.23 (Monthly Investment Transactions Report (August 2023)) City
Council
Report
TITLE: Investment Report - Quarter Ending September 2023

RECOMMENDED ACTION
That the City Council approve the Investment Report for the quarter ending September 2023 and the report be noted and filed.

DISCUSSION
The City invests primarily in the State of California Local Agency Investment Fund (LAIF) and US Government Agency securities to preserve the safety of the City’s surplus funds while achieving a reasonable portfolio return. The City’s strategy is one of buy-and-hold in which a portion of the portfolio is invested in fixed income securities of varying maturities providing sufficient cash flow to meet the City’s operational needs.

During the quarter, the City’s total pooled investment portfolio decreased $8.8 million to $93.2 million. Interest earned for the quarter rose approximately to $763,000. Major outflows were $1.4 million for the annual Plan JPA insurance, $5.1 million in CalPERS UAL pre-funding, $5.1 million in debt service (MEAS O, TARB, & LRB) and larger A/P expenditures that were expected for this period. Sales tax receipts for the 1st fiscal quarter ending September rose 21% year over year to $5.2 million. Please note that the City pools all cash for investment purposes, but accounts, reports, and tracks investment income, other revenue, and expenditures separately for each fund to properly meet the purpose and restrictions of each funding source. This is common and appropriate practice used in public agencies to gain the benefit of economies of scale when investing.

All investments are made in accordance with the City's established Investment Policy update (Approved by Resolution No. 13042 on September 5, 2023) or as authorized pursuant to bond covenants. Presented within this report are the following:
· Investment balance & earnings - Qtr. ending, September 2023 · Summary of investments by type - Qtr. ending September 2023 · List of investments by institution - Qtr. ending September 2023 · Reconciliation of pooled cash - Qtr. ending September 2023 · Summary of Total Cash Invested - Qtr. ending September 2023 · Monthly Schedule of Investments - Qtr. ending September 2023 Item: 6
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
6 Packet Pg. 24
Investment Report - Quarter Ending September 2023 Page 2 of 5 · Cash flow projections for October 2023 thru March 2024 · Actual Receipts and Disbursements - Qtr. ending September 2023 Cash Flow
The cash flow projection reflects sufficient funds available to meet the City of Campbell’s anticipated expenditures for October 2023 through March 2024. (Attachment B). When highly liquid LAIF funds ($64.6 million) are combined with actual cash on deposit ($1.3 million), the City has $65.9 million in actual liquid cash balances as of the end of September 30, 2023. The City’s managed liquidity is estimated to increase by $10.8 million to $76.7 million by the end of March 2024, due to a projected 6 months cumulative $8.8 million positive operational cash flow as well as an estimated $2.0 million net increase from investment maturities exceeding new purchases. The City is expected to receive $500,000 from the Silicon Valley Clean energy grant and $2.4 million from the State for the 2nd half of the Library grant during this period. Please note that within the LAIF funds, $47.7 million is restricted to Measure O spending activity; $16.2 million 2020 GO Bond and $31.5 million for 2022 GO Bond. Staff expects property, sales and other economic activity -related receipts and interest earnings to grow but remains mindful to watch if signs start pointing to slower growth. Staff prioritizes safety, liquidity, and maximizing return, in that order. 6 Packet Pg. 25
Investment Report - Quarter Ending September 2023 Page 3 of 5 6 Packet Pg. 26
Investment Report - Quarter Ending September 2023 Page 4 of 5 * The City intends to hold treasury/agency securities to maturity or until they are called, as a result this is a paper gain and/or loss that will not be realized. In a decreasing interest rate environment, as we are experiencing, unrealized gains are expected.
** Cash with fiscal agent held for debt service payments.

Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
6 Packet Pg. 27
Investment Report - Quarter Ending September 2023 Page 5 of 5 Approved by:

Brian Loventhal, City Manager
Attachment:
a. Quarterly Schedule of Investments
b. Cashflow Projections
c. Actual Receipts and Disbursements
6 Packet Pg. 28
City of Campbell
Quarterly Schedule of Investments
- Sep-23 - 0.44 \
Maturities/ Remain Interest Interest # of Int.Recv. Interest Interest Int.Recv. Interest Interest Beginning Purchases/ Calls/ Ending % of % of Par Market Maturity Days Rate Earned to Days in Beginning Earned Received Ending Received Bal. to Balance Deposits Withdrawals Balance Type Assets Value Value Date To Mat Qtr Maturity Qtr Balance This Qtr. This Qtr. Balance To Date Maturity Local Agency Investment Fund (L.A.I.F.) 74,999,417 1,882,434 (12,300,000) 64,581,851 100.00% 69.28% 64,581,851 63,697,580 N/A N/A 3.424% N/A 92 515,051 583,590 582,434 516,208 3,202,359 N/A.

Gov't Securities (Custodian-BNY Bank) . - -
Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 955,550 08/26/24 331 0.500% 16,274 92 3,336 1,260 - 4,596 7,500 8,774 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 938,980 01/22/25 480 0.700% 24,567 92 3,500 1,764 3,500 1,764 10,500 14,067 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 917,690 09/17/25 718 0.800% 32,022 92 2,641 2,016 4,000 657 16,000 16,022 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 956,220 11/18/24 415 0.350% 10,510 92 2,148 882 - 3,030 3,500 27,028 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 922,130 07/29/25 668 0.810% 30,381 92 3,390 2,042 4,050 1,381 10,125 20,256 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 932,290 03/21/25 538 0.650% 22,741 92 2,146 1,638 3,250 534 13,750 8,991 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 979,640 02/28/25 517 1.250% 37,534 92 10,462 3,151 12,500 1,113 18,750 18,784 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 952,530 02/27/25 516 2.000% 60,000 92 6,795 5,041 10,000 1,836 29,944 30,056 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 985,150 02/23/24 146 1.750% 34,760 92 6,140 4,411 8,750 1,801 26,007 8,753 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 968,130 06/22/26 996 4.120% 164,913 92 790 10,385 - 11,175 41,200 123,713 Fed. Farm Credit Bank (FFCB)_Fixed 2,000,000 - - 2,000,000 7.69% 2.15% 2,000,000 1,991,020 12/22/23 83 3.490% 104,604 92 1,339 17,593 - 18,932 69,800 34,804 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 953,230 07/12/27 1,381 3.960% 198,108 92 18,498 9,981 19,800 8,679 39,600 158,508 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 983,130 07/19/24 293 3.430% 68,694 92 15,271 8,645 17,150 6,766 17,150 51,544 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 973,850 07/21/25 660 3.650% 109,600 92 16,150 9,200 18,250 7,100 18,250 91,350 Fed. Home Loan Bank (FHLB)_Step Up 2,000,000 - - 2,000,000 7.69% 2.15% 2,000,000 1,989,920 01/25/24 117 3.000% 90,247 92 25,924 15,123 40,000 1,048 30,000 60,247 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 978,360 01/28/25 486 3.625% 90,873 92 15,344 9,137 18,125 6,356 18,125 72,748 Fed. Home Loan Bank (FHLB)_Fixed- orig 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 983,680 07/26/24 300 3.550% 70,805 92 15,225 8,948 17,750 6,423 17,454 53,351 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 998,750 03/01/24 153 5.250% 52,644 92 17,260 12,945 26,250 3,955 69,954 (17,310) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 996,250 09/06/24 342 5.400% 81,222 92 17,014 13,611 27,000 3,625 71,454 9,768 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 998,130 02/28/24 151 5.100% 40,381 92 6,358 12,855 12,750 6,462 30,204 10,177 Fed National Mortgage Assoc- Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 996,470 06/28/24 272 5.330% 53,446 92 292 876 - 1,168 - 53,446 Fed. Home Loan Bank (FHLMC)-Step Up 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 994,230 08/15/25 685 3.500% 106,726 92 13,089 8,822 20,000 1,911 37,500 69,226 Fed. Farm Credit Bank (FFCB)-Fixed 999,860 - - 999,860 3.85% 1.07% 1,000,000 969,590 06/20/25 629 3.375% 101,065 92 (1,158) 8,506 - 7,348 35,656 65,409 Fed. Home Loan Bank (FHLB)-Fixed 1,000,000 - - 1,000,000 3.85% 1.07% 1,000,000 941,650 12/30/24 457 0.625% 23,476 92 2,089 1,575 - 3,665 9,375 14,101 Subtotal-Gov't Securities 25,999,860 - - 25,999,860 100.00% 27.89% 26,000,000 25,256,570 2.796% 1,625,593 204,043 170,409 263,125 111,327 641,799 1,003,812 Corporate Notes .

AMEX 250,000 - - 250,000 25.00% 0.27% 250,000 245,147 08/12/24 317 3.500% 17,860 92 3,487 2,205 4,153 1,540 8,375 9,485 Capital One 250,000 - - 250,000 25.00% 0.27% 250,000 245,013 08/12/24 317 3.300% 16,839 92 3,109 2,079 4,091 1,097 8,250 8,589 Capital One 250,000 - - 250,000 25.00% 0.27% 250,000 245,013 08/12/24 317 3.300% 16,839 92 3,109 2,079 4,091 1,097 8,250 8,589 Bank of India 250,000 - - 250,000 25.00% 0.27% 250,000 244,909 08/22/24 327 3.500% 18,099 92 3,253 2,205 4,153 1,306 8,375 9,724 - - Subtotal-Corporate Notes 1,000,000 - - 1,000,000 100.00% 1.07% 1,000,000 980,081 3.092% 134,197 12,958 8,570 16,488 5,040 97,868 (28,231) Investments under the management of contracted parties:

Trustee: BNY Mellon
2016 Lease Revenue Bond Payment 419 685,406 - 685,825 42.03% 0.74% 685,825 685,825 N/A N/A 0.025% N/A 92 - 6 6 - 142 N/A 2016 SA Refunding Debt Service/TARB 1,127 944,703 - 945,831 57.97% 1.01% 945,831 945,831 N/A N/A 0.018% N/A 92 - 14 14 - 738 N/A Subtotal-Trust A/C 1,546 1,630,109 - 1,631,655 100.00% 1.75% 1,631,656 1,631,655 N/A 0.330% - (0) 20 20 (0) 920 - Total Portfolio 102,000,823 3,512,543 (12,300,000) 93,213,366 100.00% 93,213,507 91,565,887 Wgt Avg (Qtr) 3.218% 1,759,790 732,053 762,589 862,067 632,575 3,942,946 975,581 Investment Portfolio Increased / (Decreased) by: (8,787,457)$ Weighted Average to Maturity = 162.2 Days % of Wgt Avg (Qtr) Actual Actual
Note: Total Cash Invested Rate/Annual Yield Interest Earned Interest Received S - Semi-Annual Month FY 23-24 FY 22-23 FY 23-24 FY 22-23 Month Wgt Avg FY 23-24 FY 22-23 FY 23-24 FY 22-23 FY 23-24 FY 22-23 Q - Quarterly July 99,833,264$ 95,992,423$ 99.80% 97.43% July Wgt Avg 3.142% 1.256% 264,702 96,870 721,065 92,394 M - Monthly August 92,683,270 88,892,423 97.02% 96.51% August Wgt Avg 3.221% 1.551% 251,829 115,907 80,495 36,229 September 93,213,366 90,715,725 98.58% 99.10% September Wgt Avg 3.290% 1.747% 246,058 127,709 60,507 11,182 October 89,623,228 99.95% October Wgt Avg 1.935% 147,697 238,174 November 90,523,477 99.39% November Wgt Avg 2.179% 158,306 5,305 December 92,073,477 99.57% December Wgt Avg 2.176% 179,271 80,614 January 98,899,945 94.85% January Wgt Avg 2.472% 208,814 471,291 February 98,599,948 99.56% February Wgt Avg 2.595% 195,619 65,515 March 97,773,330 98.59% March Wgt Avg 2.643% 217,030 10,378 April 100,137,547 96.96% April Wgt Avg 2.830% 233,863 487,596 May 101,000,817 98.40% May Wgt Avg 2.915% 258,460 35,020 June 102,000,823 94.90% June Wgt Avg 3.045% 253,694 74,381 Average 95,243,300$ 95,519,430$ Average 98.47% Average 97.93% Average 3.218% 2.279% 762,589 2,193,242 862,067 1,608,079 Per Governmental Code requirements, this schedule of Investments icomplies with the City of Campbell's Investment Policy, and there are adequate funds available to meet the budgeted expenditures for the next six months. * Market prices are obtained from the monthly investment statements of the various institutions or the City's third-party custodian, BNY Mellon Bank.

Portfolio Balance
Quarterly Schedule of Investments- copy for PDF
10/25/2023

6.a
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Attachment: Quarterly Schedule of Investments (Investment Report - Quarter Ending September 2023)

6.b
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Attachment: Cashflow Projections (Investment Report - Quarter Ending September 2023)

6.b
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Attachment: Cashflow Projections (Investment Report - Quarter Ending September 2023)

6.b
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Attachment: Cashflow Projections (Investment Report - Quarter Ending September 2023)

6.b
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Attachment: Cashflow Projections (Investment Report - Quarter Ending September 2023)

6.b
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Attachment: Cashflow Projections (Investment Report - Quarter Ending September 2023)

6.b
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Attachment: Cashflow Projections (Investment Report - Quarter Ending September 2023)

6.c
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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending September 2023)

6.c
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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending September 2023)

6.c
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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending September 2023)

City
Council
Report

TITLE: Monthly Treasurer's Report (September 2023)

RECOMMENDED ACTION

That the City Council review and accept the Monthly Treasurer’s Report for the month ended September 30, 2023.

BACKGROUND

California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finance Director has the responsibility of City Treasurer. This report is prepared to fulfill this requirement.

This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.

DISCUSSION

This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended September 30, 2023. As shown in Attachment A, the City recognized $ 6.3 million in revenues and incurred $ 11.7 million in expenditures in total, for all City funds. The City’s overall ending fund balance for September 2023 is $89.4 million, a decrease of $1.6 million from the prior month.

For the month of September 2023, the City’s General Fund recognized $4.4 million in revenues and incurred $5.6 million in expenditures. Of the revenues received, $1.6 million is attributed to sales tax. The City’s ending General Fund balance for September 2023 is $15.1 million, an increase of $2.7 million from the prior month.

FISCAL IMPACT

There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.

Item: 7
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
7 Packet Pg. 39
Monthly Treasurer's Report (September 2023) Page 2 of 2

Prepared by:

Carolina Vargas, Accountant

Approved by:

Brian Loventhal, City Manager

Attachment:
a. 2023.09 Fund Balance Report
7 Packet Pg. 40
City of Campbell
Changes in Total Fund Balance
For the month ended September 30, 2023
Beginning Fund
Balance
07/01/2023
Increase/
(Decrease)
Jul- Aug
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
09/30/2023
General Fund
Restricted Fund Balance - - - - - - - -
Committed Fund Balance -
General Plan Update - - - - - - - Compensated Absences 961,449.18 - - - - - 961,449.18 Liability insurance 105,930.00 - - - - - 105,930.00 Available Capital Improvement Reserve 1,144,790.00 - - - - - 1,144,790.00 Committed Capital Improvement Reserve 897,782.36 - - - - - 897,782.36 Community Center Facility 71,019.36 - - - - - 71,019.36 Heritage Theater 268,542.19 - - - - - 268,542.19 Historic Preservation - - - - - - - -
Assigned Fund Balance -
Capital Projects (Construction Tax) 517,241.90 - - - - - 517,241.90 Unemployment insurance 90,000.00 - - - - - 90,000.00 PERS 2,252,000.00 - - - - - 2,252,000.00 OPEB 370,102.00 - - - - - 370,102.00 Encumbrances 988,517.81 - - - - - 988,517.81 -
Unassigned Fund Balance -
Unassigned 1,000,000.00 (5,857,380.92) 4,417,000.55 (5,634,422.45) 771,853.00 (839,000.00) (6,141,949.82) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65 General Fund Total 22,192,904.45 (5,857,380.92) 4,417,000.55 (5,634,422.45) 771,853.00 (839,000.00) 15,050,954.63 Special Revenue
Vehicle Impact 3,302,284.43 155,977.87 72,202.71 - - - 3,530,465.01 Gas Tax 1,593,293.08 (33,666.46) 269,281.73 (202,120.16) 176,375.00 - 1,803,163.19 Asset Forfeiture 107,753.48 3,491.89 61.46 - - - 111,306.83 Lighting & Landscape District 1,493,032.12 (513,126.80) 267,245.16 (437,238.87) 249,750.00 - 1,059,661.61 Housing & Community Development 345.85 - - - - - 345.85 Environmental Services 449,939.27 184,320.66 127,111.35 (13,218.00) 46,750.00 - 794,903.28 Supplemental Law Enforcement 180,648.36 (18,476.76) 86,259.28 (10,599.20) - - 237,831.68 State & Other Grants (1,462,131.52) 332,502.00 63.71 - - - (1,129,565.81) TDA Grant 417,956.48 7,748.00 198.94 - - - 425,903.42 Federal Grants 898,337.88 420,455.46 152.46 - - - 1,318,945.80 ARPA Fund (897,748.65) 139,234.00 4,273.76 (786,274.00) - (786,274.00) (2,326,788.89) Housing Assistance 8,509,188.04 (34,496.71) 227,023.62 (26,415.78) 52,646.00 - 8,727,945.17 Community Restitution Fund 97,234.82 5,868.00 2,332.65 - - - 105,435.47 Community Facilities District #1 897.63 (957.55) - (35,750.00) - (35,750.00) (71,559.92) Community Facilities District #2 201,961.13 3,232.81 111.07 (14,760.06) - (3,000.00) 187,544.95 Parkland Dedication 4,594,726.14 161,464.00 1,983.16 - - - 4,758,173.30 Recreation - Private Grants 6,022.19 112.00 3.40 - - - 6,137.59 Adult Center 16,683.86 309.00 9.43 - - - 17,002.29 Special Revenue Fund Total 19,510,424.59 813,991.41 1,058,313.89 (1,526,376.07) 525,521.00 (825,024.00) 19,556,850.82 Debt Service
Measure O 4,123,176.64 64,522.43 4,963.04 (3,456,800.00) - - 735,862.11 LID #30 32,333.61 599.00 18.28 - - - 32,950.89 2016 Refunding Lease Revenue Bond 19,461.23 120.66 191,698.26 - 191,650.00 - 402,930.15 Debt Service Fund Total 4,174,971.48 65,242.09 196,679.58 (3,456,800.00) 191,650.00 - 1,171,743.15 Internal Service Fund
Motor Vehicle Pool 1,003,754.26 85,070.01 92,137.08 (96,352.21) - (975.00) 1,083,634.14 Information Technology Pool (934,589.55) (97,978.39) 272,807.65 (230,268.66) 175,975.00 - (814,053.95) Worker's Compensation 671,085.57 52,310.43 79,699.41 (22,930.46) - - 780,164.95 Internal Service Fund Total 740,250.28 39,402.05 444,644.14 (349,551.33) - (975.00) 1,049,745.14 Trust/Agency
Successor Agency 1,857,251.38 6,367.23 549.30 - - - 1,864,167.91 West Valley Solid Waste JPA 340,277.17 99,470.47 123,989.12 (37,956.01) - - 525,780.75 SCC Specialized Enforcement Team - - - - - - - Trust/Agency Fund Total 2,197,528.55 105,837.70 124,538.42 (37,956.01) - - 2,389,948.66 Capital Project
Capital Projects Fund (2,653,646.36) (278,196.92) 19,497.61 (595,833.15) - - (3,508,178.82) Measure O CIP Fund 52,842,126.86 927,539.96 29,801.28 (63,921.40) - - 53,735,546.70 Capital Project Fund Total 50,188,480.50 649,343.04 49,298.89 (659,754.55) - - 50,227,367.88 Total City 99,004,559.85 (4,183,564.63) 6,290,475.47 (11,664,860.41) 1,489,024.00 (1,664,999.00) 89,446,610.28 *Fund balances are unaudited, and may not include all necessary adjustments. These figures will be updated in future reports once the FY 2022/23 independent audit is completed.

Fund Description

7.a
Packet Pg. 41
Attachment: 2023.09 Fund Balance Report (Monthly Treasurer's Report (September 2023))

City
Council
Report

TITLE: Approval of the Vacation of the Light and Air / Building (Setback) Lines Created by Tract Map No. 1314 (Portions of Parsons Avenue, Fairbanks Avenue, Sharp Avenue, and Sharp Court) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution (1) summarily vacating the Light and Air/Building (Setback) Lines created by Tract Map No. 1314; and (2) directing the City Clerk to record the resolution.

BACKGROUND

On January 24th, 1955, the Board of Supervisors of the County of Santa Clara (County) approved Tract Map No. 1314 which created a 39 -lot subdivision as shown in Exhibit A of the attached resolution. The streets include portions of Parsons Avenue, Fairbanks Avenue, Sharp Avenue, and Sharp Court. As was common at the time, the County required the subdivider to dedicate a Light and Air / Building (Setback) Line along the street frontage of the lots requiring that any structures constructed be set back 25 feet from the street the house faces and 12.5 feet from the side street for corner lots.

DISCUSSION

The Building Setback Lines previously required by the County are no longer appropriate. These Building Setback Lines represent outdated standards and are frequently in conflict with the front and side setbacks required by the City of Campbell’s Zoning Ordinance. For example, the R -1-6 zoning district for this neighborhood requires a 20 -foot front setback and 12 -foot street side set back, whereas the Building Setback Line shown on Tract Map 1314 requires a 25 -foot front setback, and a 12.5 -foot street side setback. To eliminate this confusion, staff recommends the Building Setback Lines be vacated and building setbacks be determined solely through the requirements of the City’s Zoning Code.

To avoid a piecemeal implementation of the vacation of these easements, staff is recommending that the City Council vacate all of the Building Setback Lines created with Tract Map No. 1314. A comprehensive list of the properties to be relieved of this encumbrance is presented in Exhibit B of the attached resolution. Upon recordation of Item: 8
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
8 Packet Pg. 42
Approval of the BSL Vacation-Tract Map 1314 Page 2 of 2 the resolution approving this vacation, these properties will become unencumbered by these easements. Please note that lots 10 and 11 created with this subdivision were later annexed into the City of San Jose, so this action would not apply to those properties as they are outside the jurisdiction of the City of Campbell.

FISCAL IMPACT

There is no fiscal impact associated with this action.

ALTERNATIVES

1. Do not approve the vacation of the Building Setback Lines and continue to work around the conflicts between these easements and the City’s Zoning Code.

Prepared by:

Roger Storz, Senior Civil Engineer

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution with Attachments
8 Packet Pg. 43
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

VACATING THE LIGHT AND AIR / BUILDING SETBACK LINE EASEMENTS AS SHOWN ON TRACT MAP NO. 1314 (PORTIONS OF PARSONS AVENUE, FAIRBANKS

AVENUE, SHARP AVENUE, AND SHARP COURT), AND DIRECTING THE CITY

CLERK TO RECORD THE RESOLUTION

WHEREAS, an easement for light and air purposes was recorded on January 25, 1955 on Tract Map No. 1314 (portions of Parsons Avenue, Fairbanks Avenue, Sharp Avenue, and Sharp Court ) in Book 54 of Maps at Page s 22-23 of Official Records, Santa Clara County; and

WHEREAS, the 25-foot front Building Setback Line and 12.5-foot side street Building Setback Line shown on the Tract Map are not consistent with the corresponding setbacks specified in the Campbell Zoning Code , thereby creating conflicts between the two different requirements; and

WHEREAS, this easement is no longer required as it has been superseded by the requirements of the City of Campbell Zoning Code; and

WHEREAS, it is the desire of the City of Campbell to remove this outdated encumbrance from the properties within the subdivision known as Tract No. 1314 as shown on Exhibit A and more particularly described in Exhibit B; and

WHEREAS, the easement vacation is to be made pursuant to Chapter 4, Summary Vacation, of Part 3 of Division 9 of the California Street and Highway Code.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby vacate the light and air/building setback line easement and directs the City Clerk to record this Resolution for the properties within Tract No. 1314, excluding any property in the City of San Jose, as shown on Exhibit A and more particularly described in Exhibit B.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

8.a
Packet Pg. 44
Attachment: Resolution with Attachments (Approval of the BSL Vacation-Tract Map 1314)

8.a
Packet Pg. 45
Attachment: Resolution with Attachments (Approval of the BSL Vacation-Tract Map 1314)

8.a
Packet Pg. 46
Attachment: Resolution with Attachments (Approval of the BSL Vacation-Tract Map 1314) Exhibit B - Vacation of Light and Air Easement
Assessor Parcel
Number Address Map Reference
414‐33‐061 1308 Parsons Avenue Tract No. 1314, Lot 1 and Portions of Lots 2 and 3
414‐33‐062 1336 Parsons Avenue Tract No. 1314, Portion of Lot 2
414‐33‐035 1326 Sharp Avenue Tract No. 1314, Portion of Lot 3
414‐33‐034 1340 Sharp Avenue Tract No. 1314, Lot 4
414‐33‐033 1350 Sharp Avenue Tract No. 1314, Lot 5
414‐33‐032 1366 Sharp Avenue Tract No. 1314, Lot 6
414‐33‐031 1380 Sharp Avenue Tract No. 1314, Lot 7
414‐33‐030 1390 Sharp Avenue Tract No. 1314, Lot 8
414‐33‐029 1400 Sharp Avenue Tract No. 1314, Lot 9
414‐33‐026 1436 Sharp Avenue Tract No. 1314, Lot 12
414‐33‐025 1446 Sharp Avenue Tract No. 1314, Lot 13
414‐33‐024 1456 Sharp Avenue Tract No. 1314, Lot 14
414‐33‐023 1476 Sharp Avenue Tract No. 1314, Lot 15
414‐33‐022 1486 Sharp Avenue Tract No. 1314, Lot 16
414‐33‐021 352 Fairbanks Avenue Tract No. 1314, Lot 17
414‐33‐020 340 Fairbanks Avenue Tract No. 1314, Lot 18
414‐33‐019 330 Fairbanks Avenue Tract No. 1314, Lot 19
414‐33‐018 314 Fairbanks Avenue Tract No. 1314, Lot 20
414‐33‐017 304 Fairbanks Avenue Tract No. 1314, Lot 21
414‐33‐016 294 Fairbanks Avenue Tract No. 1314, Lot 22
414‐33‐015 290 Fairbanks Avenue Tract No. 1314, Lot 23
414‐33‐044 1447 Sharp Avenue Tract No. 1314, Lot 24
414‐33‐045 327 Fairbanks Avenue Tract No. 1314, Lot 25
414‐33‐046 307 Fairbanks Avenue Tract No. 1314, Lot 26
414‐33‐047 297 Fairbanks Avenue Tract No. 1314, Lot 27
414‐33‐048 1454 Parsons Avenue Tract No. 1314, Lot 28
414‐33‐049 1430 Parsons Avenue Tract No. 1314, Lot 29
414‐33‐050 1416 Parsons Avenue Tract No. 1314, Lot 30
414‐33‐051 1404 Parsons Avenue Tract No. 1314, Lot 31
414‐33‐052 1386 Parsons Avenue Tract No. 1314, Lot 32
414‐33‐053 1370 Parsons Avenue Tract No. 1314, Lot 33
414‐33‐038 1351 Sharp Avenue Tract No. 1314, Lot 34
414‐33‐039 1385 Sharp Court Tract No. 1314, Lot 35
414‐33‐040 1395 Sharp Court Tract No. 1314, Lot 36
414‐33‐041 1405 Sharp Court Tract No. 1314, Lot 37
414‐33‐042 1415 Sharp Court Tract No. 1314, Lot 38
414‐33‐043 1421 Sharp Avenue Tract No. 1314, Lot 39

8.a
Packet Pg. 47
Attachment: Resolution with Attachments (Approval of the BSL Vacation-Tract Map 1314)

City
Council
Report

TITLE: Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

BACKGROUND

On July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to -date on the emergency gas line repairs at the Campbell Community Center. The circumstances prompting staff’s initial service request, and the work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050 and 3.20.030(3), and California State Public Contracts Code (PCC) Section 20168 for services in response to emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption.

Furthermore, the City Council was informed of outstanding repairs that were still required before PG&E could authorize the restoration of gas services to the remainder of the property, and the opportunity it presented to address critical system deficiencies by implementing other upgrades at the same time. To facilitate these efforts, staff would develop a scope of work and identify a funding strategy to minimize fiscal impacts – with results presented to City Council during a later meeting date where staff would request approval to proceed with the additional repairs, and their associated costs, at that time.

Item: 9
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
9 Packet Pg. 48
Updates on Remaining Gas Line Repairs at CCC Page 2 of 4

In August 2023, staff finalized the scope of work for the remaining emergency gas line repairs and conducted an informal bid process to solicit proposals from qualified vendors. After evaluating the proposals received, staff selected Burr based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner. The results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council approved and awarded a contract to Burr Plumbing upon declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property from the multiple gas line leaks detected at the Community Center.

Since the anticipated repairs are a continuation of the emergency services that were previously exempt from the City’s formal bidding procedures, their implementation is also subject to the terms set forth in PCC Section 22050 which states that ‘… the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action.

DISCUSSION

In accordance with the state’s requirements, staff will provide an update to the City Council at each regularly scheduled City Council meeting until the repairs are complete.

Each update will contain information on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

As such, the following lists all applicable work/activities that have occurred since the last City Council update, which occurred on October 17, 2023:

Date(s) Work / Activity Performed To Date
October 6, 2023 First day of on -site work for Burr Plumbing (per the Notice to Proceed); includes equipment staging and other site-prep work October 6 – 20, 2023
Removal of concrete surface area and trenching, installation of new 4 -inch underground main gas line, and subsequent
pressure testing performed on new line (no issues detected; all tests passed)

NEXT STEPS

Based on the work performed to-date, the following is a tentative schedule for upcoming (anticipated) work/activities for the emergency gas line repairs:

9 Packet Pg. 49
Updates on Remaining Gas Line Repairs at CCC Page 3 of 4 Anticipated Work / Activity Estimated Date(s)
Installation of a bove ground 4 -inch steel pipework
to individual buildings (will include pipe
installations, building tie -ins, and subsequent
pressure testing)
October 23 – November 13, 2023 (±)
Installation of u nderground 4 -inch line from
Building A to the Heritage Theatre (will include
concrete removal, trenching, pipe installation,
building tie-ins, and final pressure testing)
November 14 – 27, 2023 (±)
Final full gas line commissioning and testing November 27 – December 1, 2023 (±)

At this time, staff is requesting Council’s authorization to continue with these efforts as specified in the above schedule for anticipated work/activities and their estimated dates of completion. Staff will return at the next regularly scheduled City Council meeting on November 21, 2023, to provide the Council with additional updates and request authorization to continue with subsequent repairs at that time.

FISCAL IMPACT

There is no fiscal impact with the associated action.

ALTERNATIVES

1. Do not accept the updates and/or authorization to proceed with subsequent repairs.

2. Provide alternative direction to staff

Prepared by:

Carina Shattuck, Administrative Analyst I

Reviewed by:

Todd Capurso, Director of Public Works

9 Packet Pg. 50
Updates on Remaining Gas Line Repairs at CCC Page 4 of 4

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
9 Packet Pg. 51

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING

UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE REPAIRS AT THE

CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT REPAIRS PER THE

EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING AND IN

ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC) SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL BIDDING

PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE

EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY IN THE

EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE GOVERNING BODY TO

REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED, TO DETERMINE, BY A 4/5

VOTE, THAT THERE IS NO NEED TO CONTINUE THE ACTION

WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and

WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) for emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption; and

WHEREAS, the City Council was also informed of outstanding repairs that were still required before PG&E could restore gas services to the remainder of the property – including staff’s plans to develop a scope of work and present the results of these efforts to Council during a later meeting date; and

WHEREAS, results were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, after declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property , as pursuant to California State Public Contracts Code (PCC) Section 20168; and

WHEREAS, since the anticipated repairs are exempt from the City’s formal bidding process, their implementation is subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action; and

WHEREAS, in accordance with the State’s requirements, the following lists all applicable work/activities that have occurred since the last City Council update, which occurred on October 17, 2023:

• October 6, 2023 – First day of on -site work for Burr Plumbing (per the Notice to Proceed); includes equipment staging and other site-prep work
• October 6 – 20, 2023 – Removal of concrete surface area and trenching, installation of new 4-inch underground main gas line, and subsequent pressure testing performed on new line (no issues detected; all tests passed); and

9.a
Packet Pg. 52
Attachment: Resolution (Updates on Remaining Gas Line Repairs at CCC)

WHEREAS, based on the work performed to-date, the following is a tentative schedule for upcoming (anticipated) work/activities as related to the emergency gas line repairs:

• October 23 – November 13, 2023 (±) – Above ground 4 -inch steel pipework to individual buildings (will include pipe installations, building tie-ins, and subsequent pressure testing) • November 14 – 27, 2023 (±) – Underground 4-inch line from Building A to the Heritage Theatre (will include concrete removal, trenching, pipe installation, building tie -ins, and final pressure testing)
• November 27 – December 1, 2023 (±) – Final full gas line commissioning and testing; and WHEREAS, staff is requesting Council’s authorization to continue with these efforts as specified in the above schedule for anticipated work/activities and their estimated dates of completion.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the progress of the remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency situation, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

BE IT FURTHER RESOLVED, upon Council’s authorization, staff will return at the next regularly scheduled City Council meeting on November 21, 2023, to provide the Council with an update on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Anne Bybee, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

9.a
Packet Pg. 53
Attachment: Resolution (Updates on Remaining Gas Line Repairs at CCC)

City
Council
Report

TITLE: Resolution Approving an Agreement with Cupertino Electric, Inc., in an Amount Not to Exceed $197,801, to Provide Equipment and Labor Services for the Community Center Transformer Replacement Project (CIP No. 23 -AA) and Allow the City to Dispense with Its Formal Bidding Procedures as Specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for Emergency Situations Requiring Services to Safeguard Life, Health, And/Or Property; and Authorizing the City Manager to Execute Said Agreement as Specified in CMC Section 3.20.100 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement Project (CIP No. 23 -AA), and allowing the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for emergency situations requiring services to safeguard life, health, and/or property; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND

The Campbell Community Center is a unique community service complex that was once home to Campbell High School. In 1985, the City purchased the property from the Campbell Union High School District and transformed the existing site into several indoor and outdoor spaces dedicated to recreational programs and activities offered by the City. Currently, the Community Center is home to the City’s Recreation and Community Services Department and hosts a variety of tenants from outside organizations who rent office and classroom spaces for their own programs.

Since 1985, the City’s Public Works Department – Building Maintenance Section has maintained, repaired, and/or renovated the Community Center to meet the operational needs of these programs while ensuring the health and safety of staff and visitors alike.

These efforts have also been undertaken to help offset the demands placed on the aging infrastructure and mechanical systems throughout the property. With many of these older systems still in operation, staff has worked proactively to uphold inspection Item: 10
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
10 Packet Pg. 54
Community Center Transformer Replacement Page 2 of 5
schedules, implement routine maintenance measures, and address issues before they result in costly repairs.

Among the Center’s oldest mechanical systems are the electrical transformer, switch gear, and breakers that provide electrical power to Buildings A and B, the Heritage Theatre, and the Q -Wing classrooms. According to PG&E’s records, the electrical transformer was installed approximately 70 years ago when the property was still operating as the former Campbell High School. After years of prolonged use, many of the transformer’s components have become severely outdated and/or obsolete – causing the system to operate less efficiently and raising concerns about potential hazards due to its lack of critical safety features. Nevertheless, as issues have increased in frequency and intensity, repairs have become more costly and time consuming. To mitigate these budgetary and staffing constraints, a separate Capital Improvement Project was created in 2018 for the ultimate replacement of the transformer ( Community Center Transformer Replacement , CIP Project No. 23 -AA), with funding in the amount of $200k allocated to the project budget.

Upon the adoption of the City’s annual CIP budget for FY 2018/19, staff contacted PG&E to assist with developing a scope of work for the Community Center Transformer Replacement Project. During those efforts, staff encountered challenges regarding the logistics of its removal and the subsequent installation of a new unit. One of the main issues was the placement of the existing transformer – which was originally installed on a concrete pad and surrounded by additional concrete walls on all sides. Another challenge was the size (dimensions) of the new transformer, which would be difficult to fit through the small doorway that served as the only entry point into the existing transformer’s current underground location (i.e., the basement below Building A). With limited options, staff contacted Cupertino Electric in early 2019 to assist with recommendations for a new transformer location. In response to the City’s request, Cupertino Electric conducted a power load demand study to determine the size and capacity of the new transformer and provide additional information for staff’s use during the project’s planning and development stages.

When Cupertino Electric completed their study in late 2019, the results allowed staff to identify potential relocation sites and begin finalizing the project’s scope of work.

However, in early 2020, the onset of the COVID -19 pandemic halted these efforts as many of the City’s current and planned improvement projects were put on hold. With social distancing protocols limiting staff’s ability to work in a confined space for long periods of time, the Community Center Transformer Replacement Project was put on hold until these restrictions were either removed or modified to ensure safe working conditions and allow staff to proceed with the project as scheduled.

By mid-2022, most of the previous COVID restrictions had been lifted , allowing staff to revisit their original plans for the Community Center Transformer Replacement Project.

To facilitate these efforts, staff contacted PG&E to discuss the relocation plans and eventual transfer of the current transformer’s electrical load to a new above -ground 10 Packet Pg. 55
Community Center Transformer Replacement Page 3 of 5
location. As such, PG&E conducted a site visit and performed additional tests to evaluate the electrical load capacity for potential sites located around Building A. Based on these results, staff identified a site on Building A’s northerly side that could handle the electrical load transfer and would also be an ideal location for the new transformer.

Shortly thereafter, in May 2023, staff contacted Cupertino Electric to assist with the design details for this new location – ensuring that the scope of work included the necessary site modifications to accommodate the installation of the new transformer and connections to support its subsequent use.

DISCUSSION

In October 2023, Building Maintenance staff was conducting routine meter readings in the basement of Building A when a crackling noise coming from the transformer was detected. Upon closer inspections, staff noticed that one of the electrodes was creating a small arc of electricity. Staff immediately contacted PG&E, who in turn sent their technicians on site to further investigate the issues reported. After completing their assessment of the transformer, PG&E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power (electricity) to that area of the property (i.e., Buildings A and B, the Heritage Theatre, and the Q -wing classrooms).

Although the current transformer could remain in service, allowing it to remain operational for an extended period would increase the risk for potential hazards and other critical service disruptions. With public health and safety as their primary consideration, staff decided to resume efforts and expedite the implementation of the Transformer Replacement Project. As such, completing the project in a timely manner would also accelerate the subsequent decommissioning of the old transformer by PG&E. In turn, this would mitigate significant service disruptions to the programs and services operating from within these buildings and facilities.

With specialized equipment and labor services needed to resume these efforts, staff re - contacted Cupertino Electric to request a proposal for the necessary services to complete the transformer replacement in a timely and efficient manner. Staff contacted Cupertino Electric based on their established (and successful) work history with the City and expertise in the field of electrical repairs and site modifications as related to the anticipated transformer replacement. Furthermore, the emergency circumstances prompting staff’s request (i.e., services to expedite the project and prevent potential hazards and critical service disruptions) also permits the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.050.

Likewise, Campbell Municipal Code Section 3.20.030(3) further supports this exemption when ‘an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050.’ In response to the City’s request, Cupertino Electric submitted a proposal to provide the necessary labor and equipment services to complete the transformer’s replacement, for 10 Packet Pg. 56
Community Center Transformer Replacement Page 4 of 5
a total contract amount of $197,801 (see Attachment B). As outlined in the proposed scope of work, electrical repairs will be completed in two stages to minimize program disruptions when electrical shutdowns will be required during certain phases of the project. Additional services will include site preparations such as the removal of concrete pads around the new location, trenching, concrete finish work, and other site modifications to accommodate the electrical load and connections of the new transformer. When installation is complete, staff will notify PG&E and prepare for the decommissioning of the old transformer and its electrical connections.

At the time this report is being written, much of the work is already underway at the Community Center – as the time line for this project is being driven by the availability of PG&E resources as well as by the urgency of the required work.

NEXT STEPS
Staff is recommending the approval and award of a contract with Cupertino Electric, in an amount not to exceed $197,801, to provide labor and equipment services for the Community Center Transformer Replacement Project (CIP No. 23 -AA). The staff recommendation is based on Cupertino Electric’s successful work history with the City and their ability to expedite a timely and efficient completion of the project – an advantage considering the urgency to replace and subsequently decommission the old transformer.

Staff is also requesting Council’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100. Upon this authorization, staff will incorporate the applicable details into the City’s standard Contract Services Agreement (see Attachment C) and prepare a final copy to be distributed for review and signatures by all appropriate parties.

FISCAL IMPACT
This action will have a fiscal impact of $197,801. This is within the budgeted amount in the City’s adopted CIP for: ‘Community Center Transformer Replacement (Project No. 23-AA). Therefore, sufficient funding is available to award the proposed service contract and commence services during FY 2023/24.

ALTERNATIVES

1. Do not proceed with the Community Center Transformer Replacement Project at this time; defer project/replacement to a future fiscal year.

2. Direct staff to take alternate action.
10 Packet Pg. 57
Community Center Transformer Replacement Page 5 of 5
Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Cupertino Electric Quote for Comm Center Transformer Replacement c. Contract Services Agreement with Cupertino Electric (Draft) 10 Packet Pg. 58

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH CUPERTINO ELECTRIC, INC., IN AN AMOUNT NOT TO EXCEED $197,801, TO PROVIDE EQUIPMENT AND LABOR SERVICES FOR THE COMMUNITY CENTER TRANSFORMER REPLACEMENT PROJECT (CIP NO. 23-AA), AND ALLOWING THE

CITY TO DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.030(3) FOR EMERGENCY SITUATIONS REQUIRING SERVICES TO SAFEGUARD LIFE, HEALTH, AND/OR PROPERTY; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.100.

WHEREAS, among the Campbell Community Center’s oldest mechanical systems are the electrical transformer, switch gear, and breakers that provide electrical power to Buildings A and B, the Heritage Theatre, and the Q-Wing classrooms; and
WHEREAS, installed approximately 70 years ago in the basement of Building A , many of the transformer’s components have become severely outdated and/or obsolete – causing the system to operate less efficiently and raising concerns for potential hazards due to its lack of critical safety features; and
WHEREAS, with repairs increasing in cost and frequency, a separate Capital Improvement Project was created in 2018 for the ultimate replacement of the transformer (Community Center Transformer Replacement, CIP Project No. 23-AA), with $200k allocated to the project’s budget; and WHEREAS, between 2018 and 2019, staff collaborated with PG&E and Cupertino Electric to develop a scope of work and conduct studies to provide additional information for staff’s use during the planning and development stages; and
WHEREAS, in early 2020, the onset of the COVID-19 pandemic halted staff’s efforts as many of the City’s current (and upcoming) projects were put on hold due to the social distancing protocols; and WHEREAS, as COVID restrictions were lifted in mid-2022, staff revisited its original project plans – contacting PG&E to evaluate the electrical load capacity for potential sites of the new transformer and Cupertino Electric for assistance with the design details of this new location; and WHEREAS, in October 2023, while conducting routine meter readings in the basement of Building A, staff detected a crackling noise coming from the transformer and noticed one of its electrodes creating a small arc of electricity, prompting staff to immediately notify PG&E; and WHEREAS, after performing an on -site assessment, PG&E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power (electricity) to that area of the property; and
WHEREAS, with the threat of potential hazards and critical service disruptions , staff decided to expedite the implementation of the Transformer Replacement Project; and WHEREAS, with specialized equipment and labor services needed to resume these efforts, staff re- contacted Cupertino Electric to request a proposal for the necessary services to complete the transformer replacement project in a timely and efficient manner; and

10.a
Packet Pg. 59
Attachment: Resolution (Community Center Transformer Replacement) WHEREAS, the circumstances prompting staff’s request also permitted the dispensation of the City’s formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.030 (3) when ‘an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050’; and WHEREAS, in response to the City’s request, Cupertino Electric submitted a proposal to provide the necessary labor and equipment to complete the site preparations and subsequent transformer installation, for a total contract amount of $197,801; and WHEREAS, staff recommends that the City Council approve an agreement with Cupertino Electric, in an amount not to exceed $197,801, to provide services as outlined in the proposed scope of work, and thereby expediting PG&E’s subsequent decommission of the old transformer; and WHEREAS, sufficient funding is available in the City’s adopted CIP budget for: ‘Community Center Transformer Replacement (Project No. 23 -AA),’ to commence services during FY 2023/24 in accordance with the proposed agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approves an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement Project (CIP No. 23-AA), and allow the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for emergency situations requiring services to safeguard life, health, and/or property; and 2) autho rizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

10.a
Packet Pg. 60
Attachment: Resolution (Community Center Transformer Replacement)


Via E-Mail: [email protected] /[email protected]
CEI Quote #23987
October 16, 2023

City of Campbell – Public Works Department
70 N. First Street
Campbell, CA 95008
Attn: Ron Taormina/David Fanucchi
Re: City of Campbell – Community Center Upgrade
Electrical Proposal – Rev. 2

Dear Ron/David,

We are pleased to submit for your consideration our electrical quotation for the above referenced project. Our lump sum proposal is based on the following documents, scope of work and clarifications.

New 225kVA transformer and 800A switchboard ...................................... $197,801.00

Documents:

1. Pricing request received on 10/4/2023.

Scope of Work:

New 225kVA transformer and 800A switchboard

1. Access main switchgear and intercept existing 400A/3P disconnect in main service.

2. Install 400A feeder to a new 225kVA NEMA 3R dry type transformer located adjacent to the main switchgear and utilize the existing 400A/3P disconnect.

3. Install 800A underground feeder from the transformer to new 800A switchboard located on the wall adjacent from main switchboard.

4. Install parallel Aluminum MC feeder from 400A breaker at the new 800A switchboard in the crawl space of Building A to electrical room where PG&E transformers are located. Disconnect old feeders and refeed old 400A switchboard with new Aluminum 400A MC feeder for existing switchboard in Building A.

5. Install parallel Aluminum MC feeder from 400A breaker at the new 800A switchboard in the crawl space of Building A to electrical room where PG&E transformers are located. Disconnect old feeders and refeed old 400A switchboard with new Aluminum 400A MC feeder for existing switchboard in Building B.

6. Provide detailed Method of Procedure (MOP) for equipment shutdown.

7. Trenching for undergrounds feeders and transformer pad.

Clarifications

1. Due to failing PG&E transformer located in the basement underneath the community center classroom, PG&E will have to de-energize the 12KV incoming line to the 3-phase transformer located in the caged are in the basement and remove 12KV switch and transformers.

2. Removal of two (2) tree stumps adjacent to the switchboard shall be by others. CEI needs 24” minimum clearance from grade to install underground feeders.

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Attachment: Cupertino Electric Quote for Comm Center Transformer Replacement (Community Center Transformer Replacement)



3. Provide engineering support for creating a new single line diagram.

4. City of Campbell shall secure shutdown window on Monday, 10/30/2023 for de-energizing and removal of the 12KV transformers and the medium voltage knife switch.

5. All work is to be performed on a straight time.

6. CEI will not work on energized electrical systems. Before we perform a shutdown, our Method of Procedure (MOP) must be reviewed and signed/approved by the Owner. All shutdowns are at straight time.

7. Our proposal is based on the assumption that work will flow in a continuous, sequential, adjacent area -by-area manner with adequate time allowed for electrical work in the construction schedule. Work stoppages and work requested to be performed in a non-continuous or compressed manner may result in a request for an upward adjustment of contract value.

8. We exclude corrections of existing code violations if any exist.

9. Cupertino Electric will not be held liable for any lost time or product that may occur as a result of any power interruptions during the course of this work.

10. No temp power provisions are included during shutdown.

Our pricing includes only labor, material, and equipment costs, with appropriate mark -ups. It does not include any costs for acceleration, delays, disruptions, out of sequence work, extended overhead, or the combined effects thereof. We expressly reserve the right to make request for an equitable adjustment for any or all of these costs prior to final settlement of the contract.

This proposal is valid for thirty (30) days at which time we reserve the right to update pricing based on current market conditions.

Thank you for this opportunity to be of service. If you have any questions, please do not hesitate to cal l.

Sincerely,
CUPERTINO ELECTRIC, INC.

Geoffrey Nocon
Geoffrey Nocon
Project Manager
(408) 771-6147

10.b
Packet Pg. 62
Attachment: Cupertino Electric Quote for Comm Center Transformer Replacement (Community Center Transformer Replacement) DRAFT

CONTRACT SERVICES AGREEMENT

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the day of OCTOBER , 20 23 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and (Name) CUPERTINO ELECTRIC , (Address) 1132 N SEVENTH STREET
, (City) SAN JOSE , (State) CA , (Zip) 95112 , (Phone (408)771-6747 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:

CONTRACTOR shall provide or furnish the following specified services and/or materials:

INSTALLATION OF THE C AMPBELL COMM UNITY CENTER ELECTRICAL

TRANSFORMER LOCATED AT BUILDING A
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:

EXHIBIT A – SCOPE OF WORK
TERMS: The services and/or materials furnished under this Agreement shall commence on TBD and shall be completed before 6/30/2024 .

COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount not to exceed: $ 197,900.00 , unless authorized otherwise by City.

GENERAL TERMS AND CONDITIONS:

Agreement: This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. If any provision in this Agreement is held by any court or trier of fact to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.

Hold Harmless : With respect to any design professional services provided by CONTRACTOR , the CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by, pertaining or relating to, or arising out of, or alleged to h ave been caused by or arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, 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 CONTRACTOR in performing services described herein.

With respect to all matters other than those covered by the foregoing paragraph , CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of the performance of this Agreement, except for any claims, actions, causes of action, losses, damag es, costs or liabilities proximately caused by the sole

10.c
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Attachment: Contract Services Agreement with Cupertino Electric (Draft) (Community Center Transformer Replacement) DRAFT

AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS (CONT.):
negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

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.

The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement.

City Business License: CONTRACTOR doing work in the City of Campbell shall have a valid City of Campbell Business License.

Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide the following before commencing any services under this agreement.

GENERAL LIABILITY INSURANCE: CONTRACTOR shall provide commercial general liability, broad form general liability and business automobile liability insurance in connection with the CONTRACTOR’S performance, in the amount of not less than $1,000,000 per occurrence. If Commercial Gen eral 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.

Liability policies shall be endorsed to name CITY, its officers, volunteers, and employees as “insureds” under said insurance coverage and to state that such insurance shall be deemed “primary” such that any other insurance that may be carried by CITY shall be excess thereto. Such insurance shall be on an “occurrence,” not a “claims made,” basis and shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY (10-day notice for non-payment of premium). Endorsements shall be provided by or acceptable to the CITY.

WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance or service, CONTRACTOR shall maintain Workers’ Compensation and Employers Liability insurance for all of its employees who are in any way connected with performance of these services. The Workers’ Compensation Insurance shall comply with all applicable State laws. Employers Liability coverage shall be for a minimum of $1,000,000. The CONTRACTOR 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.

It is a requirement of this Agreement that any available insurance proceeds 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 when the City is named a s an additional insured pursuant to this Agreement. 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 affords greater coverage.

CERTIFICATES OF INSURANCE : CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from tim e to time. Satisfactory evidence of said coverage shall be required within ten (10) days of award of contract.

Non-Discrimination: No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person.

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Attachment: Contract Services Agreement with Cupertino Electric (Draft) (Community Center Transformer Replacement) DRAFT

AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS (CONT.):

Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTR ACTOR is not authorized to bind the CITY to any contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY.

Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY.

Public Works Projects : In the event this Agreement requires the CONTRACTOR to provide services within the definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and conditions stated below shall be in full force and effect.

ARTICLE I. The general prevailing wage rates 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.

ARTICLE II. In accordance with the provisions of Section 3700 of the Labor Code, every CONTRACTOR will be required to secure the payment of compensation to his or her employees.

ARTICLE III . By my signature below, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with such provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

ARTICLE IV. The improvement contemplated in the performance of this Agreement 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 Agreement whenever the CITY, at its so le discretion, shall determine that its responsibility to the United States or the State of California so requires.

ARTICLE V . 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 completed and embraced in this Agreement; 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 of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Engineer under them.

ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records.

ARTICLE VII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices.

ARTICLE VIII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours.

ARTICLE IX. CONTRACTOR shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four (4) feet below the surface.

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Attachment: Contract Services Agreement with Cupertino Electric (Draft) (Community Center Transformer Replacement) DRAFT

AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS (CONT.):

ARTICLE X. Time is of the essence in the performance of this contract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day’s delay in finishing the work in excess of the number of working day’s prescribed, in the amount of $_ TBD_____ per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such a delay was caused by the failure of the CITY or the owner of the utility to provide for removal or relocation of such utility facilities as set forth in California Government Code Section 4215.

Prevailing Wage: This contract is for a public work as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of the California Labor Code concerning prevailing wages.

Termination: 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 CONTRACTOR of such termination.

In the event of such termination, CONTRA CTOR 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.

In the event of such termination, CONTRACTOR shall be compen sated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 2.1, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law.

CONTRACTOR COORDINATOR and representative for CITY shall be:

NAME: DAVID FANUCCHI DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above.

CONTRACTOR: CITY OF CAMPBELL
By: By:

Title: Title: __________________________________
Contractor License No.:

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Attachment: Contract Services Agreement with Cupertino Electric (Draft) (Community Center Transformer Replacement)

City
Council
Report

TITLE: Award a Consultant Service Agreement for the Hamilton Avenue Resurfacing Project 23 -BB, and Authorize the City Manager to Execute Said Agreement (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution to award a consultant service agreement in the amount of $527,780 for the Hamilton Avenue Resurfacing Project 23 -BB and authorize the City Manager to execute said agreement.

BACKGROUND

On May 16, 2023, the City Council approved Resolution No. 12982, authorizing the issuance of a Request for Proposal (RFP) for design consultant services for the Hamilton Avenue Project. The RFP solicited proposals from design consultants to conduct exploratory work and data collection to obtain and analyze the structural condition of the existing pavement to provide the most appropriate pavement resurfacing treatment. Additionally, other related design work will include topographic survey, site design, and traffic signal modification designs resulting from curb ramp upgrades.

On May 31, 2023, the RFP was advertised. On June 30, 2023, the City received four proposals. The evaluation panel consisting of Public Works Engineering staff reviewed the proposals. Based on initial ratings of the written proposals, the panel decided to interview all four proposers. At the conclusion of the evaluation process, BKF Engineers (BKF) of San Jose was found to be the most qualified for the work.

DISCUSSION

In May when the City Council authorized the issuance of the RFP, the work by a consultant was estimated to be $450,000. However, upon further evaluation of the work scope, additional design work will be added that will lead to a more comprehensive pavement design for Hamilton Avenue. Over the years, with layers of resurfacing materials applied on existing pavement, the elevation of the street grades are no longer at the proper grades. While resurfacing a street will address some minor grade issues, a detailed evaluation of street grades through the length of the corridor is valuable to provide corrective design solutions.

Item: 11
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
11 Packet Pg. 67
Hamilton Ave. Consultant Agreement Page 2 of 3
Additionally, BKF will also research and document street monuments. Street monuments are often destroyed, covered or damaged over years of exposure to heavy traffic. Section 8771(c) of the Business and Professions Code requires the perpetuation of street monuments by resetting permanent monuments. This effort begins with a licensed land surveyor who finds the monuments and documents their conditions. With the Hamilton Avenue Resurfacing project, the perpetuation of street monuments effort was not included in the original work items to be performed by BKF. However, since BKF has its own licensed surveyors on staff coupled with surveying work they will be performing to establish survey ground control, there is an efficiency to incorporate the street monuments perpetuation to the work by BKF.

The cost proposal from BKF to provide the City with complete pavement, site, traffic signal modification designs, and monument research and documentation is $479,800.

Staff is recommending an agreement amount to include a 10% contingency for a total authorization amount of $527,780. The contingency will be applied to any unforeseen design needs.

Staff recommends the City Council to award the consultant service agreement to BKF Engineers for design services for the Hamilton Avenue Resurfacing Project 23 -BB.

Should the City Council award the consultant agreement, the following schedule is anticipated:

Anticipated Schedule

Design November ’23-December ‘24
City Council Approves PS&E First Quarter ‘25
Advertise for Bids Second Quarter ‘25
Construction Third Quarter ‘25

The attached resolution has been prepared to award a consultant service agreement for Hamilton Avenue Resurfacing Project 23 -BB with authorization to the City Manager to execute said agreement.

FISCAL IMPACT

The proposed consultant services amount is $479,800 plus a 10% contingency to address unforeseen design needs for a total amount of $527,780. The Adopted Fiscal Year 2023 -26 Capital Improvement Program has sufficient budget programmed for Hamilton Avenue Resurfacing Project 23 -BB to support the consultant design effort. No additional appropriation is needed for this action.

ALTERNATIVES

Do not issue the consultant service agreement to BKF Engineers; direct staff to take alternative action.

11 Packet Pg. 68
Hamilton Ave. Consultant Agreement Page 3 of 3

Prepared by:

Amy Olay, City Engineer

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Proposed Consultant Agreement
11 Packet Pg. 69

RESOLUTION NO. ________

AWARD A CONSULTANT SERVICE AGREEMENT FOR THE HAMILTON AVENUE RESURFACING PROJECT 23-BB, AND AUTHORIZE THE CITY MANAGER TO

EXECUTE SAID AGREEMENT

WHEREAS, on May 16, 2023, the City Council adopted Resolution No. 12982, authorizing the issuance of a Request for Proposal (RFP) for design consultant services for the Hamilton Avenue Project; and

WHEREAS, after issuance of the RFP, the City received four proposals; and

WHEREAS, BKF Engineers (BKF) of San Jose was found to be the most qualified for the work ; and

WHEREAS, in May when the City Council authorized the issuance of the RFP , the work by a consultant was estimated to be $450,000; and

WHEREAS, upon further evaluation of the work scope, additional design work is added that will lead to a more comprehensive pavement design for Hamilton Avenue; and

WHEREAS, the additional design work includes evaluation of street grades through the length of the corridor to provide corrective design solutions and work needed for the perpetuation of street monuments as required by Section 8771(c) of the Business and Professions Code; and

WHEREAS, the cost proposal from BKF to provide the City with complete pavement, site, traffic signal modification designs, and monument research and documentation is $479,800; and

WHEREAS, staff is recommending an agreement amount to include a 10% contingency for a total authorization amount of $527,780 in which the contingency will be applied to any unforeseen design needs; and

WHEREAS, the Adopted Fiscal Year 2023-26 Capital Improvement Program has sufficient budget programmed for Hamilton Avenue Resurfacing Project 23 -BB to support the consultant design effort and no additional appropriation is needed for this action.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby adopt a resolution to award a consultant service agreement in the amount of $527,780 for the Hamilton Avenue Resurfacing Project 23 -BB and authorize the City Manager to execute said agreement.

PASSED AND ADOPTED this ___ day of ___________ 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

___________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

11.a
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Attachment: Resolution (Hamilton Ave. Consultant Agreement) Attachment Two
Proposed Consultant Service Agreement

11.b
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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant 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 BKF Engineers of San Jose (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for the purpose of designing pavement, site, and traffic signal modifications for the Hamilton Avenue Resurfacing Project No. 23-BB;

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said design services for the Hamilton Avenue Resurfacing Project No. 23-BB.

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

I. 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 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 .

l. 7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

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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 Marcelo Cosentino.

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 a s the principal point of contact with the City and the City's project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and othe r 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 accomplishment 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 accordance with the requirements of this Agreement. Consultant agrees to comply with ABS, 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 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. I 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 make any additional investigation reasonably necessary to confirm such information and provide City prompt 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 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 of Four Hundred Seventy-Nine Thousand Eight Hundred Dollars ($479,800) plus a 10% contingency for a total amount of Five Hundred Twenty-Seven Thousand Seven Hundred and Eighty Dollars ($527,780) 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 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 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 this 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

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rates 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, 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 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, incl uding 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, 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 prov ide 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 right to

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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 thirty (30) 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. I, 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 even t 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 difference between the prices 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 failure of the Consultant to perform pursuant 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 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 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 employment opportunity laws and regulations.

\

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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 defendants is unable to pay its share of defense costs 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 allocation of those costs amongst the parties; and

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

c. 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 nature, 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.

d. 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(6), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

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e. 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 b etween 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 l(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 negli gence committed by or on behalf of Consultant in rendering services to City.

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C. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

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i. 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 proceeds broader than or in excess of the specified mm1mum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be
(I) 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.

ii. 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 shall be excess of the Consultant's insurance and shall not contribute with it.

iii. 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.

iv. 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 C ity; 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 (I 0) days for cancellation for non-- payment of premium.

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E. 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.

F. 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 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 .

G. 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.

H. 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.

I. 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

I0.1 This Agreement shall be binding on the heirs, executors, assigns and successors of

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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.

I0.4 Neither party's waiver of any term, condition or covena nt, 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, 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.

I 0.6 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.

I0.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

I0.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a three (3) 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.

I0.10 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 Consu ltant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. 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.

I0.11 City is a public agency subject to the disclosure requirements of the California

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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 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.

I0.12 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 pa11y hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder 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 prevented 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.

l0.13 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.

I0.16 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.

I0.17 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

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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.

11. DISPUTE RESOLUTION

In the event of any dispute between the Parties related to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute . If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party's written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.

12. 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: Fredrick Ho
70 North First Street
Campbell, CA 95008

CONSULTANT: BKF Engineers
Attention: Marcelo Cosentino
1730 N. First Street, Suite 600
San Jose, CA 95112

[SIGNATURES ON FOLLOWING PAGE]

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

CONSULTANT CITY OF CAMPBELL

Brian Loventhal

Title Title ·
City Manager

Approved as to Form

City Attorney

Exhibit A - Scope of Services

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Exhibit A

SCOPE OF SERVICES

General:

Consultant will conduct and coordinate specified tasks related to advancing the design of the Hamilton Avenue Resurfacing Project through the design phase. Pavement engineering, site design, and traffic signal design services will be required to complete the design.

The work shall comply with the requirements of all the following without limitation, and any subsequent contract as though incorporated herein by reference:

1. Federal laws

2. State laws

3. Local laws

4. Rules and regulations of governing utility districts

5. Rules and regulations of other authorities with jurisdiction over the procurement of products

The Consultant shall comply with all insurance requirements of the City. Additionally, Consultant (and Subconsultants) working on this project will need to possess a Campbell Business License upon execution of the Consultant Agreement.

Compensation for Services Rendered:

Compensation for services rendered by the Consultant in fulfilling the Scope of Services as described herein shall be no more than $479,800. Prior to commencing any additional work beyond the Scope of Services shall require written authorization from the City. Any work done without explicit authorization shall not be eligible for additional compensation.

Services to be Provided:

The Consultant will support the City to provide design services to address the pavement resurfacing treatment of Hamilton Avenue, accessibility ramps and necessary traffic signal modifications to accommodate new ADA compliant ramps at the intersections including:
• Corridor and intersection Survey/Mapping

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Hamilton Avenue Resurfacing Project

• Corridor pavement design, cross slope corrections and related pavement grading design
• ADA ramp, t raffic signal modifications and related intersection civil design improvements for up to 5 signalized intersections
• ADA ramp and related intersection civil design improvements for up to 5 unsignalized intersections

With the exception of these services (as detailed in Tasks 1, 2, and 3 below) , the Consultant understands the City will be responsible to prepare the overall corrid or construction documents, including providing all other required or remaining design services, plans, specifications and estimates necessary to complete the design of the Project and deliver a final PS&E package ready for bidding.

As part of these services to be provided, the Consultant will be responsible for completion of the following tasks and deliverables:

• TASK 1 - PROJECT MANAGEMENT
BKF will act as strategic counsel by flagging issues, providing recommended solutions for discussion and implementing the accepted action. BKF will provide project management services for each task for the entire duration of the Project, ensuring that project tasks are completed in a timely manner to the satisfaction of the City.

The following management activities will be performed during this task:
o Task 1.1 Project Management - BKF shall serve as the overall project manager for the entire duration of the Project for the field investigations, pavement design, site design and traffic signal design, and preparation of plans, specifications and estimates. The general project management responsibilities include the following:
• Prepare and update master project schedule
• Coordinate with other agencies
• Manage subconsultant
• Regulate budget and schedule
• Ensure Quality Assurance and Quality Control Measures are completed
• Prepare contracts, agreements, and monthly invoices

o Task 1.2 Meetings - BKF shall provide meeting coordination and oversight.

At the outset of this Project, an initiation meeting shall be scheduled to review the scope of work and project schedule, as well as establish roles and lines of communications. BKF shall lead a meeting after eac h deliverable to resolve City’s comments (by teleconference where possible to save cost). BKF shall prepare agenda packets and meeting minutes highlighting decisions made and maintain an updated list of action items for

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BKF Engineers
Hamilton Avenue Resurfacing Project

a total of 4 milestone meetings. Virtual meetings will be hosted by BKF via Zoom or Teams unless otherwise directed by the City.

o Task 1.3 Encroachment Permits – BKF anticipates the following encroachment permits will be required for the Project:
• Caltrans Encroachment Permit - BKF will obtain a Caltrans encroachment permit for purposes of field and geotechnical investigations in the area of Hamilton Avenue and Hwy 17 Interchange (between Salmar Avenue and Creekside Way).

All permit fees will be passed-through to the City.
• City of San Jose Encroachment Permit - BKF will obtain an encroachment permit from the City of San Jose for purposes of geotechnical investigations only. All permit fees will be passed-through to the City.

Note: Scope for Geotechnical exploration includes permits within the City’s right of way and Caltrans right of way. Field and Geotech investigations will be conducted outside STEX and UPRR corridor, so encroachment permits for these are not anticipated to be necessary.

• TASK 2 – PAVEMENT DESIGN
BKF will make recommendations on pavement rehabilitation treatment for Section ID 10 & 20. BKF will consider the resulting cross-slopes at driveway approaches, improve the structural integrity, ride quality, appearance of the street, and will evaluate pavement solutions for a 20-year design life.

The following will be performed during this task:

o Task 2.1 Site Reconnaissance and Limited Pavement Distress Survey – BKF’s subconsultant CORNERSTONE will perform an overall project and pavement survey to visually observe and take note of the type and frequency of distress and to determine recommended pavement exploration locations.

Note: This first phase can also help project coordination, determine traffic control requirements, and overall accessibility. This limited site reconnaissance is not intended to provide detailed pavement condition index (PCI) evaluation or values, as it already has been provided. Full traffic control is not anticipated for this phase)

o Task 2.2 Geotechnical Field Investigation and Testing - The second phase will be carried out by CORNERSTONE and includes pavement exploration including coring of the existing asphalt concrete (AC) at various locations.

This phase also includes performing a non -destructive deflection testing

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BKF Engineers
Hamilton Avenue Resurfacing Project

program. The deflection testing provides critical data to help estimate remaining pavement design- life and associated Maintenance and Rehabilitation (M&R) alternatives.

Note: Full traffic control is planned for this field investigation phase.

Non-Destructive Pavement Deflection Testing
Consultant will perform in -situ pavement deflection testing to provide a higher level of certainty and more accurate estimate of the pavement conditions and remaining serviceable life. This testing will provide data for estimating the required overlay thickness. Pavement deflection testing will be performed using the Falling Weight Deflectometer (FWD) and/or Benkelman Beam procedures. Tests are performed approximately every 100 feet in each lane in each direction, approximately 17½ lane miles for 3 lanes for east and 3 lanes for west bound. Pavement deflection testing will be in accordance with Caltrans Test Method 356.

Pavement Coring
To determine the existing asphalt concrete pavement sections and underlying subgrade material, Consultant will core the existing pavement per the RFP minimum of every 500 feet with a minimum of 2 cores for each Section ID. Core locations will be based on the site reconnaissance.

Cores will be performed using portable coring and sampling equipment.

Cores will extend to approximately 2 to 3 feet below existing AC grades.

Some cores should be located within distressed pavement areas, if applicable. CORNERSTONE will core to 33 cores. Upon completion, cores will be backfilled per standard practice with rock and quick -set, non-shrink grout. CORNERSTONE will also collect subgrade soils at up to 5 core locations for Resistance value testing (R-value, CAL 301) testing.

Pavement deflection testing will be performed concurrently with the pavement coring, including full traffic control. Traffic control plans will be prepared for geotechnical field investigations by CORNERSTONE using Caltrans standards. Traffic control will assume a full 7- hour workday, Monday through Friday from 9:00AM to 4:00PM, including lane closure and signage.

o Task 2.3 Documentation of All Island Curb Height – BKF will perform field investigations to obtain measurement of median island curb heights. Due to the extensive traffic and speeds on Hamilton Avenue, two people will be assigned to perform this work. BKF will coordinate this work with the traffic control implemented for the geotechnical field investigation to be performed

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BKF Engineers
Hamilton Avenue Resurfacing Project

concurrently with Task 2.2. Median curb measurements will be documented on a plan and submitted to the City for review.

o Task 2.4 Documentation and Identification of Digouts – BKF & CORNERSTONE will work with the City and BKF to identify and document dig-out locations along the Hamilton Ave corridor. Documentation includes the approximate dig-out locations, sizes, and depths. Traffic control will be provided with Task 2.2. Digouts will be marked in the field with field paint in coordination with City staff. This task will be performed concurrently with Task 2.2.

BKF will re -mark digouts prior to issuing the project for bid to confirm intended location and size of digout prior to the release of the bid- issue PS&E. Any adjustments will be made in the issued for bid plans and quantities.

o Task 2.5 Engineering Analysis/Design and Report Preparation – CORNERSTONE will conduct the engineering analysis phase of work with focus on developing cold in -place recycling (CIR) as the preferred M&R treatment. Should CIR prove to be infeasible, the Consultant will provide recommendations for pavement rehabilitation and/or repair alternatives. We understand cold in- place recycling (CIR) is the preferred M&R treatment.

We will also provide additional M&R alternatives, if appropriate. The data obtained from the field exploration and laboratory testing program will be utilized in the engineering analysis.

CORNERSTONE will prepare a pavement investigation report for the overall project. The report will include the following items:

 Pavement structural requirements for each Section ID of Hamilton Ave including treatment/repair alternatives (M&R)
 Pavement distress type/exiting conditions
 Site plan showing core and deflection testing locations  Results of pavement deflection testing
 Results of the coring activities including laboratory test results  A detailed discussion of the findings, structural requirements and recommendations

o Task 2.6 Cost Analysis (Pavement Design) - BKF will provide a cost analysis/breakdown for each Section ID of Hamilton Avenue to include the preferred pavement treatment method. Unit prices will be based on recent bid results from other similar projects and Caltrans Cost Data.

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BKF Engineers
Hamilton Avenue Resurfacing Project

o Task 2.7 Project Specifications (Pavement Design) - BKF will prepare the technical specifications for pavement design including digouts, CIR and other selected pavement rehabilitation treatments in City’s Project specifications format. The following will be included in this task:
 Prepare technical specifications for pavement resurfacing treatments/design
 Review and markup of special provisions
 Prepare specifications for Quality control (QC) requirements for the pavement resurfacing treatments
 Prepare specifications for Quality assurance (QA) requirements for the pavement resurfacing treatments/CIR, including specific testing requirements
 Description of work, measurement and payment for each specification section will be provided for the 30% Submittal in the City’s specification format.
 Technical specifications for pavement design will be prepared concurrently with site and traffic signal work for the 60%, 90%, and 100% (Final) Submittals

o Task 2.8 Engineer’s Estimate (Pavement Design) - BKF will prepare a cost estimate for pavement design at each milestone submittal. The Cost estimate will include the following:
 An itemized list of bid items related to the pavement design  Unit prices based on recent bid results from other similar projects and Caltrans Cost Data – Backup will be provided
 Cost Estimate will be in City-provided format
 Quantities backup will be provided for pavement design  Cost estimate for pavement design will be prepared concurrently with site and traffic signal work for the 30%, 60%, 90%, and 100% (Final) Submittals

TASK 2 DELIVERABLES:
 Order of Magnitude (OOM) estimate for pavement only
 Geotechnical analysis/design report (PDF)
 Cost analysis for the pavement treatment for each Section ID on Hamilton Avenue (MS Excel & PDF)
 Project specifications (MS Word)
 Engineer’s Estimate (MS Excel) for pavement treatment/repair such as digouts and street resurfacing treatments (Escalated to 2025 unit prices)
 Documentation on aerial maps of the locations, sizes, and depths of digouts where identified

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BKF Engineers
Hamilton Avenue Resurfacing Project

• TASK 3 – SITE DESIGN AND TRAFFIC SIGNAL DESIGN
BKF will perform site design for curb ramp installation and traffi c signal modification design due to curb ramp modifications and ADA access. Work for this task will incorporate the following:
o Review and confirm that information shown on provided record drawings is accurate
o Design for the installation of ADA -compliant accessibility ramps and crosswalks, and traffic signal modification design at 5 signalized intersections:
 Hamilton Avenue at Llewellyn Avenue
 Hamilton Avenue at Eden Avenue
 Hamilton Avenue at N. Central Avenue
 Hamilton Avenue at Creekside Way
 Hamilton Avenue at Leigh Avenue
o Design for the installation of ADA -compliant accessibility ramps and crosswalks at 5 non-signalized intersections
o Design for crown correction for Hamilton Avenue
o Review and Conformance to ADA/PROWAG standards by Consultant’s Certified Access Specialist (CASP)

o Task 3.1 Review of Existing Information/Site Investigation - BKF will obtain and review existing as-built information from the City, Caltrans, and the City of San Jose. BKF will request a letter of authorization from the City to act as the City’s agent in requesting and obtaining utility block maps from various utility owners. BKF will also review existing base files provided by the City. As discussed with the City, street improvement plans and utility plans have already been researched and collected by the City.

o Task 3.2 Field Survey Services

Survey Monument Research and Survey Control
BKF will conduct monument investigation and prepare alignment/control for the Hamilton Avenue Corridor. BKF Estimated 3 field days for researching and finding monuments and setting control for the 3- mile corridor. BKF will note missing monuments on the construction plans and provide specifications for construction or reconstruction of missing monuments.

Signalized intersections
BKF w ill prepare an AutoCAD topographic survey for the five signalized intersections listed above. Survey will be prepared at a 1” -20’ scale using conventional survey methods. The limits of the survey will be to the back of walks of each intersection. The survey will include buildings, hardscape, trees (4” and larger), fences, gates, stairs, finish floors, ramps, curb, gutters,

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BKF Engineers
Hamilton Avenue Resurfacing Project

site walls, retaining walls and surface utility features within the limits of survey. Utility structures will be measured and plotted from surface evidence. The main storm drains and main sewer manholes will be dipped for pipe size and invert information. BKF will prepare Existing Conditions Plan - including all topographic survey points and existing utilities base mapping.

Unsignalized intersections
BKF will prepare an AutoCAD topographic survey for the five unsignalized intersections. Survey will be prepared at a 1” -20’ scale using conventional survey methods. The limits of the survey will be to the back of walks of each intersection. The survey will include curb ramps, curb, gutters, site walls, retaining walls and surface utility features within the limits of survey. Utility structures will be measured and plotted from surface evidence. The main storm drains and main sewer manholes will be dipped for pipe size and invert information. BKF will prepare Existing Conditions Plan - including all topographic survey points and existing utilities base mapping.

Corridor Sections for Crown Correction
BKF will perform field survey work (3 field days) to scan and obtain roadway sections at 100-foot intervals along this 3- mile corridor. This includes time in the office for extracting the points data for the cross sections. Survey control for this task is assumed to be included in Survey Monument Research and Survey Control. Survey for the corridor will extend up to 20’ beyond the curb return for each intersection along the corridor (Not including field survey for signalized intersections listed above which are included under a separate task.

o Task 3.3 Plans (Site & Traffic Signal Design) - BKF will prepare Project plans to include the following:
• List of plans to be prepared under this task for the 5 signalized intersections, 5 non- signalized intersections and crown correction include the following:
o Demolition Plan – will show limits of removal for sidewalk, curb and gutter, existing ramps and pavement for ramp
formwork/construction.
o Site Plan - with callouts for proposed improvements to include checks for ADA requirements within crosswalk areas.
o Construction Details – for each curb return including call -outs of proposed improvements with detailed grading for curb ramps, pedestrian passageways at traffic spot islands/pork chop islands, sidewalk, curb and gutter and pavement conforms.
o Traffic Signal Modification Plans (5 Signalized Intersections) -

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BKF Engineers
Hamilton Avenue Resurfacing Project

showing removed and new poles, relocated pull boxes and modifications to existing conduit runs.
o Corridor grading plans for crown correction
• BKF will evaluate existing/survey information and prepare grading plans to address pavement crown correction. Evaluation and modifications will be based on City Design Standards and/or City Design/Direction, to cover the roadway width along the Hamilton Av e corridor from 640' west of Phoenix Drive to City limits at Hurst Avenue (within project limits).
• PROWAG (including the updates) will be used as a guide for the evaluation of the project accessibility features along Hamilton Avenue at the intersections li sted above. Task 3 includes evaluation and one meeting with the City to discuss possible changes/issues and how this affects the proposed design and improvements at the intersections. • City will provide base drawings, aerials, borders, and pen settings for BKF to match the City’s format
• Coordination with City staff for signing and striping plan prepared by the City.
• Plans will be prepared for site and traffic signal design at the 30%, 60%, 90%, and 100% (Final) Submittals
• BKF will request the information fr om City regarding CAD/plot standards borders and blocks. Additionally, we will coordinate the drawing list, including base files/Xref list with the City. • Plans will be in AutoCAD 2023, DWG

o Task 3.4 Specifications (Site & Traffic Signal Design) - BKF will prepare the technical specifications for site and traffic signal design including digouts, CIR and other selected pavement rehabilitation treatments in City’s Project specifications format (preferably Caltrans or CSI). The following will be included in this task:
o Prepare Technical Specifications for site and traffic signal design
o Review and markup of Special Provisions
o Technical Specifications formatted template, description of each pavement bid items and measurement and payment will be
submitted for the 30% Submittal
o Technical Specifications will be prepared for site and traffic signal design at the 60%, 90%, and 100% (Final) Submittals. o BKF work with the City to prepare a specifications matrix for coordinating the Technical Specifications.

o Task 3.5 Engineer’s Cost Estimate (Site & Traffic Signal Design) – BKF will prepare an engineer’s cost estimate for site and traffic signal design at each milestone submittal. The Cost estimate will include the following:

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BKF Engineers
Hamilton Avenue Resurfacing Project

• Engineer’s cost estimate for 5 signalized intersections • Engineer’s cost estimate for 5 unsignalized intersections • An itemized list of bid items related to the site and traffic signal design • Unit prices based on recent bid results and Caltrans Cost Data – Backup will be provided
• Cost estimate will be prepared for site and traffic signal design at the 30%, 60%, 90%, and 100% (Final) Submittals
• Quantities backup will be provided for pavement design • BKF will prepare a progress and final estimate in MS EXCEL. Cost Estimate will be in City-provided format
• BKF will work with the City to prepare a cost estimate for the items listed above to include standardized bid schedule.

TASK 3 DELIVERABLES:
 30% Draft Reports, Plans, Specifications and Estimate (Escalated to 2025 unit prices) for items listed above
 60% Draft Reports, Plans, Specifications and Estimate (Escalated to 2025 unit prices) for items listed above
 90% Draft Reports, Plans, Specifications and Estimate (Escalated to 2025 unit prices) for items listed above
 100% (Final) Reports, Plans, Specifications and Estimate (Escalated to 2025 unit prices) for items listed above

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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant Agreement) Design Fees by Tasks

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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant Agreement) 10/10/2023

TASK SCOPE DESCRIPTION
PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio)
Jeff Wang, PE
Chia Chi, PE
or Project
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV Field Survey
Crew
Administrative
Assistant Total Hrs EST FEE

BKF CLASSIFICATION
Principal-in-
Charge
Associate
Proincipal Principal
Project
Manager
Transportation
Director
Project
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV
Survey Party
Chief +
Chainperson
$288.00 $260.00 $288.00 $247.00 $265.00 $247.00 $212.00 $186.00 $162.00 $194.00 $348.00 $87.00 Task 1

1.1 Project Management 8 24 20 52 13,484.00$

1.2 Meetings 8 8 16 4,056.00$

1.3 Encroachment Permits 2 4 12 18 4,052.00$
Subtotals 8 34 - - - 32 12 - - - - - 86 21,592.00$
Task 2

2.1 Site Reconnaissance and limited Pavement Distress Survey (See Subconsultant Task 2.1)

2.2 Geotechnical Field Investigation and Testing
(See Subconsultant Task 2.2)

2.3 Documentation of All Island Curb Height 2 4 10 20 36 7,082.00$

2.4 Documentation and Identification of Digouts
(See Subconsultant Task 2.2)

2.5 Engineering Analysis/Design and Report Preparation
(Also See Subconsultant Task 2.5) 2 4 8 16 30 6,984.00$

2.6 Cost Analysis (Pavement Design) 4 2 8 8 12 18 52 10,354.00$

2.7 Project Specifications (Pavement Design) 1 4 2 12 14 18 2 53 11,276.00$

2.8 Engineer’s Estimate (Pavement Design) 4 2 8 8 20 6 48 9,898.00$ Subtotals 3 16 - 6 - 38 50 60 24 20 - 2 219 45,594.00$
Task 3

3.1 Review of Existing Information/Site Investigation 2 4 6 10 12 34 7,414.00$

3.2 Field Survey Services
Survey Monument Research and Survey Control 2 2 20 24 48 13,168.00$ -
Field Survey - Signalized Intersection
(Hamilton Ave & Llewellyn Avenue) 2 1.5 5 8 16.5 4,666.00$ -
Field Survey - Signalized Intersection
(Hamilton Avenue & Eden Avenue) 2 1.5 5 8 16.5 4,666.00$ -
Field Survey - Signalized Intersection
(Hamilton Avenue & N. Central Avenue) 2 1.5 5 8 16.5 4,666.00$ -
Field Survey - Signalized Intersection
(Hamilton Avenue & Leigh Avenue) 2 1.5 5 8 16.5 4,666.00$ -
Field Survey - Signalized Intersection
(Hamilton Avenue & Creekside Way) 0.5 1 4 4 9.5 2,527.00$ Field Survey - 5 Unsignalized Intersections 0.5 4 8 12 24.5 6,796.00$ - Field Survey - Corridor Sections for Crown Correction 2 2 24 24 52 13,886.00$

3.3 Plans (Site & Traffic Signal Design) 2 8 4 20 80 0 160 96 220 590 116,696.00$ Plans (Site & Traffic Signal Design) Hamilton Ave & Creekside Way 2 2 8 20 30 40 24 56 182 36,626.00$ Plans (Site Design) - 5 Non-signalized Intersections 2 2 8 12 18 25 67 12,932.00$ Plans (Corridor Grading) 4 2 20 30 40 48 48 192 37,362.00$

3.4 Specifications (Site & Traffic Signal Design 2 4 2 4 14 20 28 2 76 16,250.00$

3.5 Engineer’s Estimate (Site & Traffic Signal Design) 4 2 8 8 18 6 46 9,526.00$ Subtotals 4 36 11 14 36 163 110 392 199 324 96 2 1,387 291,847.00$ PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio) Jeff Wang, PE
Chia Chi, PE
or Project
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV
Field Survey
Crew
Administrative
Assistant Total Total Labor
Totals By Classifications 15 86 11 20 36 233 172 452 223 344 96 4 1,692 Total Direct Labor 4,320.00$ 22,360.00$ 3,168.00$ 4,940.00$ 9,540.00$ 57,551.00$ 36,464.00$ 84,072.00$ 36,126.00$ 66,736.00$ 33,408.00$ 348.00$ 359,033.00$

SITE DESIGN AND TRAFFIC SIGNAL DESIGN
City of Campbell
Hamilton Avenue Resurfacing Project

STAFF CATEGORY

PAVEMENT DESIGN

PROJECT MANAGEMENT
359,033.00$
BKF Engineers Page 1 of 2 02_Hamilton_Pavement_FEE_R1.xls

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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant Agreement) 10/10/2023

TASK SCOPE DESCRIPTION
PIC
(Gordon
Sweet)
PM
(Marcelo
Cosentino
Principal
(Davis Thresh)
QA/QC
(Carmelo
Cecilio)
Jeff Wang, PE
Chia Chi, PE
or Project
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV Field Survey
Crew
Administrative
Assistant Total Hrs EST FEE

BKF CLASSIFICATION
Principal-in-
Charge
Associate
Proincipal Principal
Project
Manager
Transportation
Director
Project
Manager
Sr Project
Eng/Sur
Project
Eng/Sur
Design
Eng/Sur Tech IV
Survey Party
Chief +
Chainperson
$288.00 $260.00 $288.00 $247.00 $265.00 $247.00 $212.00 $186.00 $162.00 $194.00 $348.00 $87.00 City of Campbell
Hamilton Avenue Resurfacing Project

STAFF CATEGORY
Subconsultant
Task 2.1 Task 2.2 Task 2.3 Task 2.4 Task 2.5 Task 2.6
Cornerstone Earth Group, Inc. (Geotechnical Investigation) Task 2.1: Site Reconnaissance and Limited Pavement Distress Survey 4,300.00$ 4,300.00$
Task 2.2: Pavement Exploration and Testing
- Minimum of 33 cores ($315 per core) 10,395.00$ 10,395.00$ - Minimum of 925 deflection test locations ($38 per test) 35,150.00$ 35,150.00$ - 5 R-value tests ($890 per test) 4,450.00$ 4,450.00$
Task 2.4: Documentation and Identification of Digouts
(Included with Task 2.2)
Task 2.5: Engineering Analysis and Report Preparation 24,300.00$ 24,300.00$ Subconsultant Costs 78,595.00$
Reimbursable
Subconsultant Markup (10%) 430.00$ 4,999.50$ 2,430.00$ 7,859.50$ Printing, Deliver, Mileage, Postage, Parking 1,312.50$
Traffic Control for Geotechnical Field Investigation 18,000.00$ Potholing (Allowance) 15,000.00$
Reimbursable 42,172.00$
PROJECT TOTAL 479,800.00$
BKF Engineers Page 2 of 2 02_Hamilton_Pavement_FEE_R1.xls

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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant Agreement) Baseline Schedule

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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant Agreement) ID Task Name Duration Start Finish
1 Hamilton Avenue Resurfacing Project 253 days Mon 11/20/23 Wed 11/6/24 2 Notice to Proceed 0 days Mon 11/20/23 Mon 11/20/23
3 TASK 1 - PROJECT MANAGEMENT 110 days Mon 11/20/23 Fri 4/19/24 4 Task 1.1 Project Management 110 days Mon 11/20/23 Fri 4/19/24 5 Task 1.2 Kickoff Meeting 1 day Tue 11/28/23 Tue 11/28/23 6 Task 1.3 Encroachment Permits 20 days Wed 11/29/23 Tue 12/26/23 7 TASK 2 – PAVEMENT DESIGN 37 days Wed 12/27/23 Thu 2/15/24 8 Task 2.1 Site Reconnaissance and limited Pavement
Distress Survey
6 days Wed 12/27/23 Wed 1/3/24
9 Task 2.2 Geotechnical Field Investigation and Testing 6 days Thu 1/4/24 Thu 1/11/24 10 Task 2.3 Documentation of All Island Curb Height 6 days Thu 1/4/24 Thu 1/11/24 11 Task 2.4 Documentation and Identification of Digouts 6 days Thu 1/4/24 Thu 1/11/24 12 Task 2.5 Engineering Analysis/Design and Report Preparation20 days Fri 1/12/24 Thu 2/8/24 13 Task 2.6 Cost Analysis (Pavement Design) 5 days Fri 2/9/24 Thu 2/15/24 14 TASK 3 – SITE AND TRAFFIC SIGNAL DESIGN 223 days Mon 1/1/24 Wed 11/6/24 15 Task 3.2 Field Survey Services 8 days Thu 1/4/24 Mon 1/15/24 16 Task 3.1 – Plans, Specifications and Cost Estimate (PS&E) 223 days Mon 1/1/24 Wed 11/6/24 17 Task 3.1.1 – 30% PS&E 20 days Mon 1/1/24 Fri 1/26/24 18 30% Submittal to City 0 days Fri 1/26/24 Fri 1/26/24 19 City and Stakeholders Review 15 days Mon 1/29/24 Fri 2/16/24 20 Task 3.1.2 – 60% PS&E 30 days Mon 2/19/24 Fri 3/29/24 21 60% Submittal to City 0 days Fri 3/29/24 Fri 3/29/24 22 City and Stakeholders Review 15 days Mon 4/1/24 Fri 4/19/24 23 Task 3.1.3 – 90% PS&E 20 days Mon 4/22/24 Fri 5/17/24 24 90% Submittal to City 0 days Fri 5/17/24 Fri 5/17/24 25 City and Stakeholders Review 15 days Mon 5/20/24 Fri 6/7/24 26 Task 3.1.4 – 100% PS&E 15 days Mon 6/10/24 Fri 6/28/24 27 100% Submittal to City 0 days Fri 6/28/24 Fri 6/28/24 28 Task 2.4 Remark Digouts Prior to Project Bidding in 2025 1 day Wed 11/6/24 Wed 11/6/24 11/20
1/26
3/29
5/17
6/28
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Task
Milestone
Summary
Rolled Up Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
City of Campbell HAMILTON AVENUE RESURFACING PROJECT BKF Engineers Wed 10/11/23

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PROFESSIONAL SERVICES RATE SCHEDULE

CLASSIFICATION

PROJECT MANAGEMENT
Principal/Vice President $288.00 $302.40
Senior Associate Principal /Vice President $268.00 $281.40 Associate Principal $260.00 $273.00
Senior Project Manager | Senior Technical Manager $253.00 $265.65 Project Manager | Technical Manager $247.00 $259.35
Engineering Manager | Surveying Manager | Planning Manager $228.00 $239.40

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor |Senior Project Planner $212.00 $222.60
Project Engineer | Project Surveyor | Project Planner $186.00 $195.30 Design Engineer | Staff Surveyor | Staff Planner $162.00 $170.10 BIM Specialist I, II, III $162.00 $186.00 $212.00 $170.10 $195.30 $222.60 Technician I, II, III, IV $154.00 $164.00 $180.00 $194.00 $161.70 $172.20 $189.00 $203.70 Drafter I, II, III, IV $121.00 $133.00 $143.00 $159.00 $127.05 $139.65 $150.15 $166.95 Engineering Assistant | Surveying Assistant | Planning Assistant $101.00 $106.05

FIELD SURVEYING
Survey Party Chief $212.00 $222.60
Instrument Person $182.00 $191.10
Survey Chainperson $136.00 $142.80
Utility Locator I, II, III, IV $110.00 $156.00 $187.00 $213.00 $115.50 $163.80 $196.35 $223.65 Apprentice I, II, III, IV $83.00 $112.00 $124.00 $132.00 $87.15 $117.60 $130.20 $138.60

CONSTRUCTION ADMINISTRATION
Senior Consultant $277.00 $290.85
Senior Construction Administrator $241.00 $253.05
Resident Engineer $179.00 $187.95
Field Engineer I, II, III $162.00 $186.00 $212.00 $170.10 $195.30 $222.60

FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $198.00 $207.90
Director of Funding Strategies $181.00 $190.05
Funding/Research Analyst I, II, III, IV $124.00 $144.00 $153.00 $168.00 $130.20 $151.20 $160.65 $176.40

ASSISTANTS
Project Coordinator $135.00 $141.75
Senior Project Assistant $117.00 $122.85
Project Assistant $103.00 $108.15
Clerical | Administrative Assistant $87.00 $91.35
Expert witness rates are available upon request.
 Allowable mileage will be charged at the prevailing IRS rate per mile.  Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.  The rates shown are subject to periodic increases, including January 1st of each year.

Effective 1/1/2023
Through 12/31/2023
Effective 1/1/2024
Through 12/31/2024
 Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers.

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Attachment: Proposed Consultant Agreement (Hamilton Ave. Consultant Agreement)

City
Council
Report

TITLE: Resolution Approving Specifications for and Authorizing Issuance of Request for Proposals (RFP) for Investment Advisory Services (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution approving specifications and authorizing issuance of a Request for Proposals (RFP) for Investment Advisory Services.

BACKGROUND

As of the quarter ending September 30, 2023, the City’s total pooled investment portfolio equaled $93.21 million ; managed exclusively by City staff including the Finance Director and one (1) Accountant. Additionally, of the $ 93.21 million invested, $47.65 million is restricted Measure O General Obligation (GO) bond proceeds to renovate the City’s Library and to construct a new City Police Station.

On September 5, 2023, staff presented to City Council for consideration the Fiscal Year (FY) 2023 -24 City of Campbell Investment Policy Update. Within this update was included a revision to allow for the use of qualified external investment advisors.

Staff made this recommendation due to the fact that managing a portfolio of Campbell’s size is challenging given limited staff bandwidth and capacity as well as the complexities of not only earning maximum return on bond proceeds, but also adhering to IRS arbitrage restrictions on tax -exempt debt (i.e., not earning investment returns over debt service costs) and laddering investment maturities so that funds are available right as they are needed for project construction costs. Staff felt that an external investment adviser could provide additional expert support and access to daily investment data and tools, improve monthly, quarterly, and annual investment reporting, and help staff to navigate the complexities of investing Measure O bond proceeds. Additionally, based on research, staff felt that an external investment advisor could generate additional returns over and above their fees while still maintaining the City’s primary investment goals of safety and liquidity. The FY 2023 -24 Investment Policy Update was subsequently approved by Council with several comments noted, but no modifications.

DISCUSSION

Based on the reasons for its previous recommendation and Council’s approval of the FY 2023-24 Investment Policy Update, staff now recommends that the City issue a Request Item: 12
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
12 Packet Pg. 103
RFP Authorization - Investment Advisory Services Page 2 of 4 for Proposals (RFP) for Investment Advisory Services shown as Attachment B . A number of cities contract for such services and similar RFPs were recently issued by the Cities of Los Altos and Pleasanton. Attachment A is the Resolution that would approve such an issuance for the City of Campbell.

As shown on page 5 of the RFP under desired Scope of Services , staff wishes to engage a qualified external investment advisor to provide services that may include, but are not limited to the following:

1. Develop and implement sound investment strategies, which will achieve the City’s primary investment goals of safety and liquidity while also maximizing the portfolio’s return/performance within the parameters of the City’s current Investment Policy and California codes.

2. In partnership with City staff, manage all or a portion of the City’s portfolio with discretionary authority.

3. Provide technical and fundamental market research, including yield curve analysis.

4. Assist the City with cash flow/maturity analysis for both its primary operating funds and its bond funds to be used for capital project purposes.

5. Provide credit analysis of investment instruments in portfolio.

6. Coordinate with City staff and provide monthly/quarterly/annual reporting of City funds managed as well as inclusion of information relating to outside funds (i.e., Wells Fargo checking accounts, LAIF or similar accounts, etc.). These reports will cover a range including , but not limited to: the local and national economy, the City’s portfolio holdings, composition and sector analysis, return, weighted average maturity, duration, performance objectives, and policy compliance.

7. Attend selected quarterly meetings with staff in person or via teleconference, as well as Finance Committee and City Council meetings as requested.

8. Evaluate market risk and develop strategies that minimize the impact on the portfolio.

9. Provide assurance of portfolio compliance with applicable policies and laws.

10. Establish an appropriate performance benchmark as part of reporting requirements.

11. Review investment policy annually and recommend appropriate amendments as well as investment strategy for the upcoming fiscal year.

12. Ensure that portfolio structure matches the City’s objectives and current investment strategy.

13. Monitor the creditworthiness of financial institutions and the investments in the portfolio.

14. Perform broker/dealer due diligence and maintain relations with approved security brokers and dealers. Consultant may use their own brokers and dealers provided that adequate due diligence is performed consistent with industry standards and best practice.

15. Coordinate with the City’s third ‐party custodian (BNY) for safekeeping of securities.
12 Packet Pg. 104
RFP Authorization - Investment Advisory Services Page 3 of 4

16. Provide authorized City staff with online access to assets managed by consultant.

17. Answer questions from City staff and provide general guidance in related areas.

18. Assist with annual audit inquiries and reporting.

If a qualified external investment advisor is selected and a contract executed, staff estimates that such services may cost between $30,000 to $50,000 annually; based on a portfolio of Campbell’s size. While no investment return is ever guaranteed, staff would look to offset these costs with higher returns and seek an investment advisor that has a proven track record of high performance in managing governmental investments.

So as to give an investment advisor enough time to prove themselves in an investment market that can quickly change due to factors out side of their control, staff recommends a three (3) year contract, with the option for two, one (1) year extensions based upon performance. Nevertheless, issuing an RFP does not bind the City to enter into a contract with an external investment advisor should the proposed fees or other factors not justify the returns or services offered . Issuing an RFP though will allow the City to perform full due diligence on external investment advisors and verify costs for services. Additionally, while staff is proposing a three (3) year contract, the City’s standard Contractual Services Agreement allows for termination of a contract at any time for any reason given adequate notice. Thus, should an external investment advisor not meet City objectives in the first, second, or third year of the agreement, the City can terminate the contract.

And lastly, in regard to the evaluation process, staff will first review all proposals and grade them based on the following factors and weighting:

• General qualifications 1-15 points
• Relevant experience 1-15 points
• Proposed staffing 1-15 points
• Pricing 1-15 points
• Proposed approach 1-10 points
• Responsiveness 1-10 points
• References 1-10 points
• Interview (if requested) 1-10 points
• TOTAL 100 points

Once graded, staff will present the top three (3) finalists to the Finance Subcommittee for evaluation and interviews in December 2023 or January 2024; depending on subcommittee availability. If fees and services appear favorable to the City and based on recommendation of the Finance Subcommittee, a final selection will be presented to City Council for contract award approval on January 22, 2024. If approved, services are estimated to commence on February 1, 2024. So as to get the best possible pool of external investment advisors, the RFP will be posted on the City’s website and sent to a list of well -known external investment advisors that also expressed interest in the Los Altos and Pleasanton RFPs.

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RFP Authorization - Investment Advisory Services Page 4 of 4

FISCAL IMPACT

There is no immediate fiscal impact as a result of approving the issuance of the RFP.

Issuing an RFP now will simply allow the City to perform full due diligence on external investment advisors and verify costs for services. However, if a qualified external investment advisor is selected and a contract award is approved by City Council at the January 22, 2024 meeting, the estimated cost is between $30,000 to $50,000 annually. These costs are not yet incorporated into the FY 2024 Budget and a budget expenditure adjustment would be requested at time of potential contract award ; estimated to be offset by a potential increase in investment earnings. Given that staff is proposing a three (3) year contract, with the option for two, one (1) year extensions based upon performance, ongoing contractual costs would be programmed into future year operating budgets as needed.

Prepared by:

Will Fuentes, Finance Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Request for Proposals (RFP)
12 Packet Pg. 106
RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING SPECIFICATIONS FOR AND AUTHORIZING ISSUANCE OF REQUEST FOR

PROPOSALS (RFP) FOR INVESTMENT ADVISORY SERVICES
WHEREAS, as of the quarter ending September 30, 2023, the City’s total pooled investment portfolio equaled $93.21 million; managed exclusively by City staff including the Finance Director and one (1) Accountant; and
WHEREAS, of the $93.21 million invested, $47.65 million is restricted Measure O General Obligation (GO) bond proceeds to renovate the City’s Library and to construct a new City Police Station; and
WHEREAS, the City Council approv ed the Fiscal Year (FY) 2023-24 City of Campbell Investment Policy Update, which included all owing for the use of qualified external investment advisors, on September 5, 2023; and
WHEREAS, managing a portfolio of Campbell’s size is challenging given limited staff bandwidth and capacity as well as the complexities of not only earning maximum return on bond proceeds, but a lso adhering to IRS arbitrage restrictions on tax -exempt debt (i.e., not earning investment returns over debt service costs) and laddering investment maturities so that funds are available right as they are needed for project construction costs; and WHEREAS, an external investment adviser could provide additional expert support and access to daily investment data and tools, improve monthly, quarterly, and annual investment reporting, help staff to navigate the complexities of investing Measure O bond proce eds, and potentially generate added return; and
NOW, THE REFORE, BE IT RESOLVED that the City Council of the City of Campbell authorizes the Finance Director to issue a Request for Proposals ( RFP) for Financial Investment Advisory Services; and
BE IT FURTHER RESOLVED that that the Finance Director , a City Accountant, and the Finance Sub-Committee will review the proposals and make a recommendation to the City Council.

PASSED AND ADOPTED this 7th day of November, 2023 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Anne Bybee, Mayor
ATTEST:

Andrea Sanders, City Clerk

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Attachment: Resolution (RFP Authorization - Investment Advisory Services)

70 N. First Street • Campbell, CA 95008• (408)-866-2100 •www.ci.campbell.ca.us

REQUEST FOR PROPOSALS
(RFP)

Investment Advisory Services

RFP Release Date
November 8, 2023

Proposal Submittal Deadline
December 8, 2023 - 4:00 p.m.
(Pacific Time)

Contact Person: Will Fuentes
Finance Director
City of Campbell
70 N. First Street
Campbell, CA 95008
(408) 866-2112

[email protected]

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 1 Table of Contents
I. Proposal and Project Schedule ......................................................................................................... 3 II. Background ..................................................................................................................................... 3 A. Government Information ............................................................................................................................... 3 B. Fund Structure ................................................................................................................................................... 4 C. Magnitude of Finance Operations .............................................................................................................. 4 D. Computer Systems ........................................................................................................................................... 4 III. Objective ...................................................................................................................................... 4 IV. Scope of Services ......................................................................................................................... 5 V. Proposal Requirements and Response Format ................................................................................. 5 VI. Irregularities and Illegal Acts ....................................................................................................... 9 VII. Evaluation of Proposals and Selection Process ............................................................................ 9 A. Review of Proposals ........................................................................................................................................ 9 B. Evaluation Criteria ........................................................................................................................................... 9 VIII. Miscellaneous ............................................................................................................................ 10 A. Public Records ..................................................................................................................................................10 B. Right to Cancel and Amend .........................................................................................................................10 C. Additional Information ................................................................................................................................. 10 D. Conflict of Interest ..........................................................................................................................................10 E. Release of Public Information ....................................................................................................................10 F. Non-Assignment ..............................................................................................................................................10 G. Collusion .............................................................................................................................................................10 H. Debarment .........................................................................................................................................................11 I. Equal Employment Opportunity Compliance ......................................................................................11 J. Right to Audit ...................................................................................................................................................11 IX. ATTACHMENT A – Investment Policy ................................................................................... 12 X. ATTACHMENT B - Sample Consultant Services Agreement ..................................................... 13

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 2 REQUEST FOR PROPOSALS
Investment Advisory Services

The City is issuing this Request for Proposals (“RFP”) for preparation of Investment Advisory Services.

Consultants are solely responsible for ensuring proposals are received by the City on or before the submittal deadline. Proposals must be received (physically or by e-mail) no later than 4:00 p.m. Pacific Time, on Friday, December 8, 2023, at the following addresses:

Physically
City of Campbell
Office of the City Clerk
70 N. First Street
Campbell, CA 95008

Or

By E-mail
[email protected]

If submitting a physical version by mail , please submit five (5) copies in a sealed package with the name of the Consultant and RFP title clearly marked on the outside of the package. If submitting by e-mail, please clearly identify the Consultant and RFP title in the subject line.

Failure to comply with the requirements set forth in this RFP may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be accepted.

Submitted proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.

The City reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract.

During the evaluation process, the City of Campbell reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City of C ampbell, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Campbell and the firm selected.

The contract award, if any, will be made to the Consultant who, in the City’s sole discretion, is best able to perform the required services in a manner most beneficial to the City. Please submit all inquiries to
[email protected] or via phone to Will Fuentes at (408) 866-2113.

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 3 CONTACT WITH PERSONNEL OF THE CITY OTHER THAN THE ABOVE REGARDING

THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.

I. Proposal and Project Schedule
Below is a desired schedule for initiation of this project; however, dates may be subject to change and adjusted as necessary.

RFP Issued November 8, 2023
Request for Clarifications Due November 29, 2023
Clarification Responses Provided December 1, 2023
Proposal Submittal Deadline December 8, 2023
(by 4pm)
Preliminary Evaluation December 11-15, 2023
Interviews with Finance Sub-Committee Dec. 2023 or Jan. 2024 City Council Approval and Award January 22, 2024
Contract Execution Complete January 2024
Commence Services February 1, 2024

II. Background
A. Government Information
The City of Campbell is lo cated in the West Valley area of Santa Clara County and encompasses 6.35 square miles. The City was founded in 1887, and incorporated in 1952 as a general law city. As of January 1, 2023, the City’s population was 42,713. Campbell operates under a Council/Manager form of government and is organized into five Council districts and six operating departments - City Administration, Recreation and Community Services, Finance, Community Development, Police, and Public Works. Fire services are provided by contract with the Santa Clara C ounty Fire Department. The City provides library, animal control, solid waste collection and recycling, and storm water management via Joint Powers Agreements (JPA’s).

As of the quarter ending September 30, 2023, the City’s total pooled investment portfolio equaled $93.21 million; with $64.58 million invest ed in the Local Agency Investment Fund (LAIF), $26.00 million invested in Government Securities, $1.00 million invested in Corporate Notes, and $1.63 million held in debt service trust accounts. Additionally, of the $64.58 million invested in LAIF, $47.65 million is restricted Measure O General Obligation (GO) bond proceeds to renovate the City’s Library and to construct a new City Police Station. On November 6, 2018, City of Campbell voters approved Measure O with a ‘Yes’ vote of 69.5% by the citizens that voted in the General Election. Bonds issued pursuant to Measure O generated approximately $50 million to construct and/or renovate City facilities to house Police and Library services.

The City’s fiscal year begins on July 1 and ends on June 30. The City’s 2023-24 adopted General Fund budget is $69.11 million, and th e total City budget is $105.83 million.

The City’s primary sources of revenue for the General Fund are from property tax, sales tax, and other taxes such as franchise, transient occupancy and business license fees. To view the City’s current fiscal year budget, visit the following web address:
https://www.campbellca.gov/151/Budget

The City last completed a financial audit for the Fiscal Year Ending June 30, 2022 and is currently in the process of completing a fina ncial audit for the Fiscal Year Ending June

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 4 30, 2023. To view the City’s current Comprehensive Annual Financial Report (CAFR), visit the following web address: https://www.campbellca.gov/153/Financial-Reports

B. Fund Structure
The City of Campbell uses the following fund types and account groups in its financial reporting:

Fund Type/Account Group # of Funds
General 1
Special Revenue Funds 19
Debt Service Funds 3
Capital Projects Funds 2
Internal Service Funds 3
Fiduciary Funds 3
TOTAL FUNDS 31

C. Magnitude of Finance Operations
The Finance Department is headed by Will Fuentes, Director of Finance and consists of

10.0 full-time equivalent (FTE) positions. The principal functions performed and the number of employees assigned to each are as follows:

Function # of FTEs
Accounting/Finance 3.0
Accounts Payable 1.0
Accounts Receivable 1.0
Payroll 1.0
Administrative/Risk Management 2.0
Financial Analysis 1.0
Cashiering 1.0
TOTAL FTEs 10.00

D. Computer Systems
The City's computerized systems are run on a Local Area Network (LAN). The accounting functions are computerized using CentralSquare eFinance/eCommunity Plus software on a cloud- based platform. The applications operating on this system are general ledger, accounts payable, purchasing, payroll, human resources, fixed assets, cash receipts, business licensing and miscellaneous billing.

III. Objective
The City of Campbell (City) is seeking proposals from qualified firms to provide investment advisory services in a comprehensive manner to handle the day‐to‐day administration of all or a portion of the City’s investment portfolio and to provide discretionary investment advisory services to help govern the City’s investment portfolio, with a current value of approximately $93.21 million. It is the intent of the City to initially contract for a duration of three (3) years, with the option to add two (2) additional one‐year terms subject to the satisfactory negotiation of terms, including a price acceptable to both the City and the selected firm. The City currently handles all investment management with internal staff consisting of the Director of Finance and one (1) Accountant. All investments are held by LAIF, in trust with Bank of New York (BNY), or with Wells Fargo (for daily operating cash flow).

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 5 IV. Scope of Services
Selected firms shall provide qualified personnel for services that may include, but are not limited, to the following:

1. Develop and implement sound investment strategies, which will achieve the City’s primary investment goals of safety and liquidity while also maximizing the portfolio’s return/performance within the parameters of the City’s current I nvestment Policy and California codes.

2. In partnership with City staff, m anage all or a portion of the City’s portfolio with discretionary authority.

3. Provide technical and fundamental market research, including yield curve analysis.

4. Assist the City with cash flow/maturity analysis for both its primary operating funds and its bond funds to be used for capital project purposes.

5. Provide credit analysis of investment instruments in portfolio.

6. Coordinate with City staff and provide monthly/quarterly/annual reporting of City funds managed as well as inclusion of information relating to outside funds (i.e., Wells Fargo checking accounts, LAIF or similar accounts, etc.) . These reports will cover a range including but not limited to: the local and national economy, the City’s portfolio holdings, composition and sector analysis, return, weighted average maturity, duration, performance objectives, and policy compliance.

7. Attend selected quarterly meetings with staff in person or via teleconference , as well as Finance Committee and City Council meetings as requested.

8. Evaluate market risk and develop strategies that minimize the impact on the portfolio.

9. Provide assurance of portfolio compliance with applicable policies and laws.

10. Establish an appropriate performance benchmark as part of reporting requirements.

11. Review investment policy annually and recommend appropriate amendments as well as investment strategy for the upcoming fiscal year.

12. Ensure that portfolio structure matches the City’s objectives and current investment strategy.

13. Monitor the creditworthiness of financial institutions and the investments in the portfolio.

14. Perform broker/dealer due diligence and maintain relations with approved security brokers and dealers. Consultant may use their own brokers and dealers provided that adequate due diligence is performed consistent with industry standards and best practice.

15. Coordinate with the City’s third‐party custodian (BNY) for safekeeping of securities.

16. Provide authorized City staff with online access to assets managed by consultant.

17. Answer questions from City staff and provide general guidance in related areas.

18. Assist with annual audit inquiries and reporting.

V. Proposal Requirements and Response Format
The consultant is responsible for preparing an effective, clear, and concise proposal. In order to be considered for selection, consultant must submit a complete response to this Request for Proposal that includes the mandatory information and/or requirements in the following format.

Responses must be in the same order as the questions presented, stating acceptance of, modifications or additions to, or a statement of the inability to provide, said service. Failure to

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 6 provide any of the information requested below may be cause for the proposal to be rejected.

A. RFP cover letter introducing the Firm and the individual who will be the primary contact person. In addition, the cover letter should include:

1. Name, address, telephone number, and email address of the contact person who will be authorized to make representations for the organization.

2. An expression of the proposer’s ability and desire to meet the requirements of this RFP, including acceptance of the standard contract terms in Attachment B.

3. The cover letter must be signed by an individual who is authorized to bind the firm contractually.

4. A statement affirming that the proposal is a firm offer good for a 90-calendar day period beginning on December 8, 2023.

B. Firm Background and Organization

1. Describe the organization, date founded, and ownership of your firm. Has your firm experienced a material change in organizational structure, ownership or management during the past three years and, if so, please describe.

2. Describe any other business affiliations. Describe your firm’s policy on soft dollars.

3. Describe the firms’ sources of revenue, categorized by retail and institutional accounts.

4. Is your firm a registered investment advisor under the Investment Advisor’s Act of 1940 as amended?

5. Describe any SEC, FINRA, or regulatory censure or litigation involving your firm or its employees within the past three years.

6. Did you, or will you, pay a finder’s fee to any third party for business related to this account? Specify the recipients of any fee.

7. Outline the errors and omissions (professional liability) and fidelity bond coverage your firm carries. Provide a valid, current Certificate of Insurance.

8. Identify the types of accounts primarily sought by your firm.

9. If you are hired, will your firm serve as a fiduciary in your role as an investment adviser to the City while providing the investment management services we are seeking? If no, describe your objections or limitations.

C. Experience

1. Describe your firm’s experience in managing fixed income portfolios for public funds and governmental entities in the last five (5) years.

2. What is your firm’s experience in developing policies and portfolio management guidelines for government portfolios?

3. How is your firm compensated for the services it provides? Does your firm act as a broker/dealer, or receive any other form of additional compensation (including soft dollars) for the client transactions aside from the direct fee paid by clients?

4. Provide the number and types of accounts, total asset value, and composition of portfolios currently being managed by your firm.

D. Personnel

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 7 1. Identify and provide background information on the key person or personnel who take the most active role(s) in the administration and management of the firm.

2. Identify the investment professionals (portfolio managers, analysts, and researchers) employed by your firm, by classification, and specify the average number of accounts handled by portfolio managers. Are there any established limits on accounts or assets under management?

3. Provide resumes and biographical information on key investment professionals that will be directly involved in the decision‐making process for the City’s portfolio.

Include the number of years at your firm, total years of experience, and professional licenses and designations. Include the number of accounts managed and any limits on this.

4. Describe your firm’s training and education efforts to keep portfolio managers informed of developments relevant to government investment managers.

5. Has there been any turnover of professional staff in the firm in the last three years who were assigned to public sector clients?

E. Assets Under Management

1. Provide the number and types of accounts, total asset value and composition of portfolios currently being managed by your firm for government agencies.

Summarize your assets under management (institutional only) over the past five years and average assets per client.

2. Summarize your institutional investment assets under management by category as shown below for your latest reporting period.

California
Governmental
Other
Governmental
Non-
Governmental
Operating/Bond Funds $ $ $
Pension Funds $ $ $
Foundations/Endowments $ $ $
Equity Funds $ $ $
Other (Specify) $ $ $
TOTAL $ $ $

3. Provide GIPS (Global Investment Performance Standards) compliant performance statistics on a comparable portfolio and compare with industry averages or benchmarks for the last one, three, five, ten years and/or since inception. If unable to provide GIPS statistics, please state reason.

4. In the past five years, has your firm purchased and held any security that was subsequently downgraded below the minimum credit ratings required for purchase under the California Government Code? What were the circumstances? What actions were taken?

F. Investment Management Approach and Discipline

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 8 1. Briefly describe your firm’s investment management philosophy, including your approach to managing governmental portfolios.

2. How frequently do you formulate and review fixed income strategy? How is that carried out and who is involved?

3. What are the primary strategies for adding value to portfolios (e.g., market timing, credit research, trading)?

4. Describe your credit review process. Does your firm assign credit research to specialists? Who reviews portfolio lists for credit approval?

5. How are portfolios managed (e.g. by team, individual manager)? What is the back‐up when the manager is away?

6. What oversight is provided to portfolio managers?

7. Describe your firm’s in‐house technical and research capabilities. What percentage of your research is conducted in‐house? Are outside sources used by the firm on a regular basis?

8. What technical analysis (if any) do you use?

9. What role does interest‐rate forecasting play in your portfolio management strategy?

10. How will you handle fluctuating cash for operating and capital needs?

11. Describe the ongoing daily investment procedures proposed for the City of Campbell, including procedures for trades, security choice, controls, etc., and how you will provide liquidity.

12. How frequently would you suggest your staff meet with the Finance Committee or staff? Who will attend these meetings?

G. Reporting

1. Describe your firm’s knowledge of and ability to assist in the compliance with GASB 31 and 40.

2. Describe the investment accounting and reporting system used by your firm. Is a client portal available? If so, what kind of information is available in the client portal and for how long?

3. Describe the frequency and format of reports that you would provide to the City of Campbell. Attach a sample.

4. What performance benchmarks would you suggest for this portfolio? Provide recommendations regarding performance benchmarks for a portfolio similar to that of the City of Campbell. What experience has the firm had in developing benchmarks for public operating portfolios?

H. Fees

1. Provide the complete fee schedule that would apply to this account. Are fees charged in arrears?

2. What additional expenses not covered through the fee structure will be expected to implement your investment advisory services?

I. References

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 9 1. List the name, address, telephone number, and email of references from five (5) current clients similar in size and scope to the City of Campbell. Include a brief description of the work provided for each reference. California municipal or county services are preferred. The references should include the start date of the service and the date of completion for each service, if applicable.

J. Additional Information

1. Briefly describe any additional features, attributes, or conditions which the City of Campbell should consider in selecting your firm. Describe any other services your firm can provide.

2. Provide a copy of your firm’s most recent ADV Part II as on file with the SEC.

3. Provide any contract language your firm requests or requires to be included in a contract for this service.

4. Describe your firm’s business continuity plan, how often it is updated, and what assistance would be available to the government.

5. Provide a copy of your firm’s most recent certified financial statement and audited financial statement.

VI. Irregularities and Illegal Acts
Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Council; City Manager; City Attorney; and the Finance Director.

VII. Evaluation of Proposals and Selection Process

A. Review of Proposals
City Staff, consisting at a minimum, of the following, will evaluate submitted proposals:

Will Fuentes, Finance Director
John Formale, Accountant

In addition, the City Council Finance Sub-Committee will review and interview a shortlist of finalists and make a recommendation to the City Council for award of the contract.

B. Evaluation Criteria
The factors that the City will consider in evaluating Proposals are as follows:

• General qualifications 1-15 points
• Relevant experience 1-15 points
• Proposed staffing 1-15 points
• Pricing 1-15 points
• Proposed approach 1-10 points
• Responsiveness 1-10 points
• References 1-10 points
• Interview (if requested) 1-10 points
• TOTAL 100 points

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 10 VIII. Miscellaneous

A. Public Records
All proposals submitted in response to this RFP become the property of the City.

Information in the proposal, unless specified as trade protected, may be subject to public review under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt. Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. Proprietary information submitted in response to this RFP will be handled in accordance with the California Public Records Act.

B. Right to Cancel and Amend
The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. If the City cancels or revises the RFP, all Consultants will be notified in writing.

C. Additional Information
The City reserves the right to request additional information and/or clarification from any or all Consultants.

D. Conflict of Interest
Selected consultant covenants that the company, its officers, employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City. Consultant further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Consultant certifies that to the best of Consultant’s knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City.

E. Release of Public Information
Consultants who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City must receive prior written approval from the City before disclosing such information to the public.

F. Non-Assignment
If a contract is awarded, the selected Consultant shall neither assign, nor delegate, in part or in whole, any duties without the prior written consent of the City which shall not be unreasonably withheld.

G. Collusion
Each Consultant certifies that the company, its officers, employees and/or agents are not a party to any collusive action, fraud, or any action that may be in violation of the Sherman Antitrust Act. The Consultant certifies that the company, its officers, employees and/or agents have not offered or received any kickbacks or inducements from any other bidding Consultant, supplier, manufacturer, or subcontractor in connection with the proposal and that the company, its officers, employees and/or agents have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 11 money, services, or anything of more than nominal value. Any or all bids shall be rejected if there is any reason to believe collusion exists among the bidding Consultants.

H. Debarment
By submitting a proposal, the Consultant certifies that the company is not currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California, and that it is not an agent of a person or entity that is currently debarred from submitting proposals and/or bids for contracts issued by any City or political subdivision or agency of the State of California.

I. Equal Employment Opportunity Compliance
The selected Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Consultant shall ensure that all employees and applicants for employment shall be treated with equality in all aspects of employment processes including, but not limited to, hiring, transfer, promotion, training, compensation and termination, regardless of their race, creed, color, sex, national origin, age, or physical handicap.

J. Right to Audit
The selected Consultant shall maintain such financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations.

The selected Consultant shall retain these records for a period of seven (7) years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the contract or service agreement and the subsequent seven-year period for examination, transcription, and audit by the City or its designees.

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) 12 IX. ATTACHMENT A – Investment Policy

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) City of Campbell, California

Investment Policy Date: September 5, 2023

I. PURPOSE

It is the policy of the City of Campbell to invest public funds in a prudent manner which conforms to all statutes governing the investment of public funds while providing security and meeting the daily cash flow needs of the City.

The purpose of this document is to identify the policies guiding prudent investment of the City’s temporarily idle funds and to establish guidelines and objectives for suitable investments including delegation of authority, prudence, monitoring and reporting, policy review, diversification, eligible securities, safekeeping, collateralization, selection of financial institutions and broker/dealers, glossary of terms, and forms utilized.

II. SCOPE

A. This investment policy shall apply to all financial assets, investment activities, and debt issues (excluding those debt issues subject to governing documents) of the City of Campbell including the following fund types:

1. General Fund

2. Special Revenue Funds

3. Debt Service Funds

4. Capital Projects Funds

5. Internal Service Funds

6. Trust and Agency Funds

B. The policy does not cover funds held by the Public Employees Retirement System nor funds of the Deferred Compensation program.

III. OBJECTIVES

A. It is the objective of this policy to provide a system which will monitor and forecast revenues and expenditures so that the City can invest temporarily idle funds to the fullest extent possible. The temporarily idle funds shall be invested in accordance with provisions of California Government Code Section 53600 et. seq.

B. The City adheres to conservative investment philosophies including investment of all idle cash, preservation of principal at the risk of yield, maintenance of adequate liquidity to meet anticipated cash flow needs and diversification to avoid the risks inherent in over investing in any one asset class.

C. This policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates. It further prohibits reverse repurchase agreements, use of derivative products, and/or leveraging of the portfolio.

D. The City shall ensure the safety of invested funds by limiting credit and interest rate risks. The three primary objectives of the City's Investment Policy in order of priority are:

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) City of Campbell, California

Investment Policy Date: September 5, 2023

1. Safety: Safety of principal is the foremost objective of the City of Campbell.

Safety and the minimizing of risk associated with investing refer to attempts to reduce the potential for loss of principal, interest or a combination of the two. The City ensures safety of its invested idle funds and limits credit and interest rate ris ks by following these guidelines (all of which are detailed within the body of the Investment Policy):

a. Investing only in those instruments that are generally accepted as safe investment vehicles for local government as authorized by this Policy,

b. C arefully reviewing the qualifications and financial strength of financial institutions and broker/dealers prior to conducting business with them,

c. Diversifying the investment portfolio as prescribed within this Policy,

d. Structuring the portfolio such that securities mature to meet the City's cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to their maturation,

e. Limiting the final maturity of purchased securities to five years; limiting the weighted average maturity of the portfolio to three years, and

f. Ensuring the physical security or safekeeping of the City's investments.

2. Liquidity: Liquidity is the second most important objective of the City's Policy.

Liquidity refers to the ability to convert an investment to cash promptly without loss of principal and minimal loss of interest. For example, this is accomplished by maintaining sufficient balances in liquid investment products, such as the Local Agency Investment Fund (LAIF) or other local government investment pools which offer same day availability , or by investing in securities with active secondary or resale markets.

3. Return: Return on the City's portfolio is last in rank among investment objectives. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed.

IV. STRUCTURE AND RESPONSIBILITY

A. DELEGATION OF AUTHORITY:

1. The City Council assumes direction over the City’s investments, and assigns management responsibility for the investment program to the Finance Director, who shall serve as Chief Fiscal Officer, and have legal custody of funds. The Finance Director may provide for delegation of his/her responsibilities to other persons under his/her control responsible for investment transactions, including

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) City of Campbell, California

Investment Policy Date: September 5, 2023

the delegation of certain portions of the investment portfolio to one or more external and qualified investment advisers or such other designee approved by the Finance Sub-Committee. External investment advisors who are engaged b by the City shall be registered under the Investment Advisers Act of 1940 and shall assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy.

B. POLICY REVIEW:

1. This Investment Policy shall be reviewed and approved annually as recommended by California Government Code Section 53600 et. seq.

C. RESPONSIBILITIES:

1. Responsibilities of the City Council: The City Council consists of a Mayor and four Council members and is the policy set ting board for the City of Campbell. The City Council has considered and adopted a written Investment Policy for the City of Campbell. Pursuant to the City's Financial Policies, the City Council shall on an annual basis, approve necessary changes to the Investment Policy as recommended by the Finance Sub-Committee. On a quarterly basis, the City Council shall receive, review and accept the Quarterly Investment Report submitted by the Finance Department.

2. Responsibilities of the Finance Sub- Committee: The Finance Sub- Committee consists of two Council members, the City Manager, the Finance Director, and the Assistant Finance Director . On an annual basis, this Sub- Committee shall review necessary revisions to the established Investment Policy of the City of Campbell and make a recommendation to the City Council accordingly. No less than once per fiscal year, the City's investment strategy will be reviewed by the Finance Sub-Committee. A summary of the investment strategy will be shared with the City Council at that time. Should market activity encourage revisions in the City's strategy, the Finance Sub-Committee shall be advised accordingly.

3. Responsibilities of the City Manager: The City M anager is responsible for directing and supervising the Finance Director. He/she has the responsibility of keeping the City Council fully advised as to the financial condition of the City.

a. Wire Transfer Authority: The City Manager has unlimited wire transfer authority for a single transaction. Such a transaction requires joint review, approval and verification in advance by the City Manager and Finance Director. The transaction shall be highlighted in the Quarterly Investment Report to Council.

4. Responsibilities of the Finance Director: The Finance Director is appointed by the City Manager and serves as Chief Fiscal Officer. He/she is subject to the direction and supervision of the City Manager. The Finance Director is charged with the responsibility for the conduct of all Finance Department functions including the custody and investment of City funds, and investment of those funds in accordance with principles of sound treasury management and in accordance with applicable laws and policies. Refer to "Delegation of Authority" for additional information pertaining to delegation of investment responsibilities.

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) City of Campbell, California

Investment Policy Date: September 5, 2023

a. Wire Transfer Authority: The Finance Director has wire transfer authority not to exceed $5,000,000 for a single transaction. Such a transaction shall be reviewed, approved and verified in advance by the City Manager. The transaction shall be highlighted in the Quarterly Investment Report to Council.

5. Responsibilities of the Assistant Finance Director: The Assistant Finance Director is appointed by the Finance Director and serves as the Investment Manager for the City pursuant to specific delegation authority provided by this Investment Policy. He/she is subject to the direction and supervision of the Finance Director and is charged with the responsibility and conduct of the day - to-day accounting and cash management functions of the City. This includes the custody and investment of City funds, and investment of those funds in accordance with pr inciples of sound treasury management and in accordance with applicable laws and policies. Refer to "Delegation of Authority" for additional information pertaining to delegation of investment responsibilities.

Implementation and maintenance of the Investment Policy are the responsibility of this individual. On an annual basis, the Assistant Finance Director shall present to the Finance Sub- Committee, recommended changes to the City's Investment Policy. On a quarterly basis, the Assistant Finance Directo r shall present to the City Council, via the City Manager, a Quarterly Investment Report.

Refer to "Monitoring and Reporting" for additional information.

a. Wire Transfer Authority: The Assistant Finance Director has wire transfer authority not to exceed $3,000,000 for a single investment transaction.

Such a transaction shall be reviewed, approved and verified in advance by the Finance Director, and shall be reported in the Quarterly Investment Report to Council.

6. Responsibilities of the Accountant: The Accountant is appointed by the Finance Director and is subject to the direction and supervision of the Assistant Finance Director. The Accountant carries out the specific instructions provided by the Assistant Finance Director regarding the purchase and sale of securities in accordance with principles of sound treasury management and in accordance with applicable laws and policies. Accounting for the various investment transactions is the responsibility of the Accountant.

a. Wire Transfer Authority: The Accountant has wire transfer authority not to exceed $2,100,000 for a single investment transaction. The standard operating procedure is that all cash and investment wire transfers made by the Accountant and Senior Accountant are reviewed, approved and verified in advance by the Assistant Finance Director , and are reported in the Quarterly Investment Report to Council.

D. Prudence:

1. Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard. This means that all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to

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Investment Policy Date: September 5, 2023

this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

2. The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally riskless and that the investment activities of the City are a matter of public record. Accordingly, while the intent of the City is to hold purchased securities to maturity, the City recognizes that occasional measured losses may be advisable in a diversified portfolio and shall be considered within the context of the overall portfolio's return, provided that (a) adequate diversification has been implemented and (b) the sale of a security is in the best long-term interest of the City.

E. Ethics and Conflicts of Interest:

Elected officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the City’s investment program or could impair or create the appearance of an impairment of their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Manager any business interests they have in financial institutions that conduct business with the City, and they shall subordinate their personal investment transactions to those of the City. In addition, the City Manager, the Finance Director and others with delegated investment authority shall file a Statement of Economic Interests each year pursuant to California Government Code Section 87203 and regulations of the Fair Political Practices Commission.

F. Conflict with State Statutes or Regulations

1. In the instance of any conflict between the City of Campbell Investment Policy and Government Code Section 53600 et seq, the more stringent requirement shall apply.

V. AUTHORIZED SECURITIES AND TRANSACTIONS

All investments and deposits of the City shall be made in accordance with California Government Code Sections 16429.1, 53600-53609 and 53630-53686, except that pursuant to California Government Code Section 5903(e), proceeds of bonds and any moneys set aside or pledged to secure payment of the bonds may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds. Any revisions or extensions of these code sections will be assumed to be part of this Policy immediately upon being enacted. However, in the event that amendments to these sections conflict with this Policy and past City investment practices, the City may delay adherence to the new requirements when it is deemed in the best interest of the City to do so. Percentage holdings limits listed in this section apply at the time the security is purchased.

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) City of Campbell, California

Investment Policy Date: September 5, 2023

The City has further restricted the eligible types of securities and transactions to the following:

1. United States Treasury bills, notes, bonds, or strips with a final maturity not exceeding five years from the date of purchase.

2. Federal Agency debentures and mortgage -backed securities with a final maturity not exceeding five years from the date of purchase issued by the Government National Mortgage Association (GNMA). The aggregate investment in Federal Agency obligations shall not exceed 75% of the City’s total portfolio.

3. Federal Instrumentality (government sponsored enterprise) debentures, discount notes, callable and step-up securities, with a final maturity not exceeding five years from the date of purchase, issued by the following only: Federal Home Loan Banks (FHLB), Federal National Mortgage Association (FNMA), Federal Farm Credit Banks (FFCB) and Federal Home Loan Mortgage Corporation (FHLMC). The aggregate investment in Federal Instrumentality obligations shall not exceed 75% of the City’s total portfolio.

4. Repurchase Agreements with a final termination date not exceeding one year collateralized by U.S. Treasury obligations, Federal Agency securities, or Federal Instrumentality securities listed in items 1, 2 and 3 above with the maturity of the collateral not exceeding five years. For the purpose of this section, the term collateral shall mean purchased securities under the terms of the City’s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102% of the dollar value of the transaction. Collateral shall be held in the City's custodian bank, as safekeeping agent, and the market value of the collateral securities shall be marked-to-the-market daily. The aggregate investment in repurchase agreements shall not exceed 10% of the City’s total portfolio.

Repurchase Agreements shall be entered into only with broker/dealers that have executed a City approved Master Repurchase Agreement with the City. Repurchase counterparties shall be recognized as Primary Dealers with the Federal Reserve Bank of New York, or shall have a primary dealer within their holding company structure. Broker/dealers approved as Repurchase Agreement counterparties shall have a short -term credit rating of at least A-1 or the equivalent and a long-term credit rating of at least A or the equivalent.

The Finance Director shall maintain a copy of the City's approved Master Repurchase Agreement along with a list of the broker/dealers that have executed a Master Repurchase Agreement with the City.

5. Prime Commercial Paper with a maturity not exceeding 270 days from the date of purchase with the highest ranking or of the highest letter and number rating as provided for by a Nationally Recognized Statistical Ratings Organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either sub- paragraph a. or sub-paragraph b. below:

a. The entity shall (1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of five hundred million dollars ($500,000,000) and (3) have debt other than commercial paper, if any, that is rated “A” or higher by a NRSRO.
b. The entity shall (1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program wide credit

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Investment Policy Date: September 5, 2023

enhancements, including, but not limited to, over collateralization, letters of credit or surety bond and (3) have commercial paper that is rated “A -1” or higher, or the equivalent, by a NRSRO.

No more than 5% of the City’s total portfolio may be invested in the commercial paper and medium-term notes of any single issuer, and the aggregate investment in commercial paper shall not exceed 25% of the City’s total portfolio.

6. Eligible Bankers Acceptances provided that no more than 5% of the City’s total portfolio may be invested in banker’s acceptances of any one issuer, and the aggregate investment in banker’s acceptances shall not exceed 30% of the City’s total portfolio.

7. Medium Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a final maturity not exceeding five years from the date of purchase, and are rated in a rating category of “A” or its equivalent or better by at least one NRSRO. No more than 5% of the City’s total portfolio may be invested in medium term notes of any one issuer and the aggregate investment in medium term notes shall not exceed 30% of the City’s total portfolio.

8. Non-negotiable Time Certificates of Deposit and savings deposits with a maturity not exceeding five years, in state or nationally chartered banks or savings and loans with a California branch office that are insured by the FDIC. Time Certificates of Deposit exceeding the FDIC insured amount must be secured pursuant to California Government Code Section 53652. No more than $1 million may be invested in non- negotiable time certificates of deposit of any one issuer and the aggregate amount invested in non- negotiable time certificates of deposit shall not exceed 25% of the City’s total portfolio.

9. Certificates of Deposit at commercial bank, savings bank, or savings and loan association that uses a private sector entity (Certificate of Deposit Account Registry Service) that assists in the placement of certificates of deposit, provided that the purchase of certificates of deposit do not, in total, exceed 30% of the City’s funds that may be invested for this purpose. The City shall choose a nationally or state chartered commercial bank in California as the “selected” depository institution to invest the funds. The selected depository institution may submit the funds to a CDARS for the benefit of the City’s account.

The full amount of the principal and interest that may be accrued during the maximum term of each certificate shall be insured by the FDIC.

10. State of California’s Local Agency Investment Fund (LAIF), pursuant to California Government Code Section 16429.1.

11. Mutual Funds registered under the Investment Company Act of 1940 that (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) invest only in the securities and obligations authorized in this policy and (3) have a rating of AAA by Standard and Poor's, Aaa by Moody's or AAA/V1+ by Fitch. No more than 10% of the City’s total portfolio may be invested in mutual funds of any one issuer, and the aggregate investment in mutual funds shall not exceed 15% of the City’s total portfolio.

12. Money Market Mutual Funds registered under the Investment Company Act of 1940 that (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant daily net asset value per share of $1.00; (3) invest only in

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Investment Policy Date: September 5, 2023

the securities and obligations authorized in this policy and (4) have a rating of at least two of the following: AAA by Standard and Poor's, Aaa by Moody's or AAA/V1+ by Fitch. No more than 10% of the City’s total portfolio may be invested in money market funds of any one issuer, and the aggregate investment in money market funds shall not exceed 15% of the total portfolio.

13. Municipal and State Obligations with a minimum long- term rating of A/A -1 or higher by Standard and Poor’s and not exceeding 10% of the portfolio:

(a) Bonds Issued by the Local Agency ( City of Campbell) including bonds payable solely out of the revenue from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency.)
(b) State Obligations including registered treasury notes or bonds of this State and any of the other 49 states in addition to California, including bonds payable solely out of the revenue from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of the any of the other 49 United States, in addition to California.
(c) California Local Agency obligations including bonds, notes, warrants, or other evidence of indebtedness of any local agency within this state, including bonds payable solely out of the revenue from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the any of the local agency.
(d) No more than 5% of the portfolio may be invested in any single issuer.

14. Asset-Backed, Mortgage- Backed, Mortgage Pass -Through Securities, and Collateralized Mortgage Obligations from Issuers Not Defined E lsewhere in the Authorized Investments Section of This Policy, provided that:

(a) The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
(b) No more than 20% of the total portfolio may be invested in these securities. (c) No more than 5% of the portfolio may be invested in any single Asset -Backed security issuer.
(d) The maximum legal final maturity does not exceed five (5) years.

15. Supranationals, provided that:

(a) Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank.
(b) The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO.
(c) No more than 30% of the total portfolio may be invested in these securities. (d) No more than 10% of the portfolio may be invested in any single issuer. (e) The maximum maturity does not exceed five (5) years.

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Investment Policy Date: September 5, 2023

Note: Per state statute, the maximum combination of Mutual Funds and Money Market Mutual Funds is 20% of the portfolio.

It is the intent of the City that the foregoing list of authorized securities and transactions is strictly interpreted. Any deviation from this list must be preapproved by the City Council writing.

16. Shares of Beneficial Interest Issued by a Joint Powers Authority (JPA) organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority and be rated AAA or equivalent. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(a) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(b) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (c) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).

17. Prohibited Investment Vehicles and Practices

a. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. b. In accordance with Government Code, Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited. c. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero - or negative-interest accrual if held to maturity are permitted.
d. Purchasing or selling securities on margin is prohibited. e. The purchase of foreign currency denominated securities is prohibited. f. Agencies that are not Qualified Institutional Buyers (QIB) as defined by the Securities and Exchange Commission are prohibited from purchasing Private Placement Securities. The SEC defines a QIB as having at least $100,000,000 in securities owned and invested.

VI. PORTFOLIO MATURITIES AND LIQUIDITY

To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. The City will not invest in securities maturing more than five years from the date of settlement , unless the City Council has granted authority to make such an investment at least three months prior to the date of investment. The weighted average final maturity of the City’s portfolio shall at no time exceed 3 years.

VII. MONITORING AND REPORTING

A. The Finance Director shall routinely monitor the contents of the portfolio and shall file with the City Council the Assistant Finance Director 's Investment Report at the first regularly scheduled City Council meeting after 45 days from the end of the quart er.

The reports shall be prepared and submitted in accordance with California Government Code Section 53646 and shall include the following on all invested monies:

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Attachment: Request for Proposals (RFP) (RFP Authorization - Investment Advisory Services) City of Campbell, California

Investment Policy Date: September 5, 2023

 Type of Investment and Issuer
 Beginning Balances
 Purchases During Quarter
 Maturities or Sales During the Quarter
 Ending Balances
 Maturity Date
 Weighted Average Final Maturity
 Call Provisions (if any)
 Interest Rate
 Weighted Average Yield
 Face Value or Purchase Cost
 Market Value including source
 Interest Earned During Quarter
 Interest Earned to Maturity
 Cash Flow Projection for the Following Quarter
 Summary of Cash Invested to Total Cash Balances
 Comparative Statistics by Fiscal Year
 Reconciliation of Cash & Investments to General Ledger Balances  Investments under the Management of Contracted Parties  Statement of Compliance with the Investment Policy
 Statement of Ability to Meet Obligations of Next Six Months

B. In addition to the Quarterly Investment Report, monthly transaction reports will be submitted by the Finance Director to City Council within 45 days of the end of the reporting period in accordance with California Government Code Section 53607.

VIII. SELECTION OF BROKER/DEALERS

The City shall transact business with securities broker/dealers after careful review of their qualifications and creditworthiness. In selecting broker /dealers, the Finance Director or designated staff member shall select broker/dealers representing primary dealers in government securities that have established offices and order desks within the State of California, or with such firms that have a primary dealer within their holding company structure.

Exceptions to this rule will be made only upon the joint written authorization of the Finance Director and City Manager. Staff shall investigate broker/dealers wishing to do business with the City to determine if they are adequately capitalized, are reputable, have pending legal action against the firm or the individual broker, have established offices and order desks within the State of California, and make markets in the securities appropriate to the City’s needs.

Before accepting funds or engaging in investment transactions with the City, the supervising officer at each authorized broker/dealer shall submit and annually update a City approved Broker/Dealer Information Request form that includes the firm’s most recent audited financial statement. The Finance Director, or his or her designee, shall maintain a list of approved broker/dealers. Broker/dealers shall attest in writing that they have received and reviewed a copy of this Investment Policy, and that they will comply with it and disclose potential conflicts or risks to public funds that might arise out of business transactions between the firm and t he City of Campbell. If the City has engaged the services of an outside professional investment advisor, the investment advisor may use its own list of authorized broker -dealers to conduct transactions on behalf of the City.

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IX. DELIVERY, SAFEKEEPING AND COLLATERALIZATION

A. Delivery:

1. All investment transactions shall be conducted on a delivery -versus-payment (DVP) basis.

B. Safekeeping:

1. The City shall contract with a bank or banks for the safekeeping of securities which are owned by the City as a part of the investment portfolio. Staff shall periodically review the performance and pricing of the third -party, safekeeping agent services.

2. All investment securities (except the collateral for certificates of deposit in banks, and/or savings and loans) purchased by the City shall be held in third -party safekeeping by an institution designated as primary agent. The primary agent shall issue a safekeeping receipt to the City listing the specific instrument, rate, maturity and other pertinent information, and shall provide monthly reports of activity and ending balances for all securities held on behalf of the City.

C. Collateralization:

1. Deposit-type securities (i.e. certificates of deposit) shall be collateralized through the State of California collateral pool requirements for any amount exceeding FDIC coverage in accordance with California Government Code Section 53652 and/or 53651(m) (1). Collateral for certificates of deposit shall be held in a trust company located in California, the trust department of a bank located in California or the Federal Home Loan Bank of San Francisco.

2. Other securities shall be collateralized by the actual security held in third -party safekeeping by the primary agent.

X. DIVERSIFICATION AND ELIGIBLE SECURITIES

The City will diversify investment instruments to avoid incurring unreasonable risks in overinvesting in specific instruments, individual financial institutions or maturities. The following portfolio maximums shall apply:

If the credit ratings of any security owned by the City are downgraded to a level below the quality required by this investment policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.

If a security is downgraded, the Finance Director will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.

If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported quarterly to the City Council.

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Authorized Securities and Transactions Maximum Portfolio

CA. Gov’t.

Code
Section

Authorized Investment

Maximum
Maturity

Authorized
Investment Limits -
% of Portfolio

Credit Rating Limit

53601 (a) City of Campbell Local Agency
Bonds 5 years None/10% Per
Issuer A/A-1 or Higher
53601 (c) State Obligations 5 years None/10% Per
Issuer A/A-1 or Higher
53601 (e) California Local Agencies 5 years None/10% Per Issuer A/A-1 or Higher
53601(b) United States Treasuries 5 years None None
53601(e) Federal Agency Securities 5 years 75% None
53601(e) Federal Instrumentality 5 years 75% None
53691(i) Repurchase Agreements 1 year 10% A-1/A
53601(g) Prime Commercial Paper 270 days
25%
5% Per Issuer
A/A-1 or higher
53601(f) Eligible Bankers Acceptances 180 days 5% per issuer/30% Aggregate A-1/P-1/F-1
53601(j) Medium Term Notes 5 years 30%/ 5% per
issuer A/A-1 or Higher
53601(n) Non-negotiable Certificates of
Deposit 5 years
25%
$1 million per
issuer
-
53601.8
(a)-(h)
Certificates of Deposit through
Account Registry Services 5 years
30% Aggregate
Maximum Up to
the FDIC Insured
Limit Per Issuer
-
16429.1 State of California LAIF N/A None -
53601(k) *Mutual Funds None 15% AAAm/Aaa/AAAV1+
53601(k) *Money Market Mutual Funds None 15% AAAm/Aaa/AAAV1+ 53601(o)
Asset-Backed, Mortgage-Backed,
Mortgage Pass-Through
Securities, and Collateralized
Mortgage Obligations
5 years 20%/5% per issuer AA or higher
53601(q) Supranationals 5 years 30% AA or higher
53601(p) Shares of a joint powers authority N/A None AAA or higher

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CA. Gov’t.

Code
Section

Authorized Investment

Maximum
Maturity

Authorized
Investment Limits -
% of Portfolio

Credit Rating Limit

*Combined total not to exceed
20% per State 20%

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EXHIBIT A

GLOSSARY

Asset Backed Securities. - Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolving lines of credits. Asset-backed securities are structured as trusts in order to perfect a security interest in the underlying assets.

Banker's Acceptance. This is a negotiable time draft (bill of exchange) with a maturity of six months or less drawn on and accepted by a commercial bank. Banker's Acceptances are usually created to finance the import and export of goods, the shipment of goods within the United States and storage of readily marketable commodities. Per State Law, cities may not invest more than 30% of idle cash in Banker's Acceptances.

Certificate of Deposit (CD's). - is a receipt for funds deposited in a bank or savings and loan association for a specified period of time at a specified rate of interest. The first $250,000 of a certificate of deposit is guaranteed by the Federal Deposit Insurance Corporation (FDIC). CD's with a face value in excess of $250,000 can be collateralized by Treasury Department Securities, which must be at least 110% of the face value of the CD's, in excess of the first $250,000, or by first mortgage loans which must be at least 150% of the face value of the CD balance in excess of the first $250,000.

Commercial Paper. - Notes are unsecured promissory notes of industrial corporations, utilities and bank holding companies. State law limits a city to investments in United States corporations having assets in excess of five hundred million dollars with an "A" or higher rating. Per State law, cities with less than $100 million in assets under management may not invest more than 25% of idle cash in commercial paper.

Delivery Versus Payment (DVP). - Delivery versus payment (DVP) is a securities industry settlement method that guarantees the transfer of securities only happens after payment has been made. DVP stipulates that the buyer's cash payment for securities must be made prior to or at the same time as the delivery of the security.

Local Agency Investment Fund (L.A.I.F.). - The L.A.I.F. was established by the state of California to enable treasurers to place funds in a pool for investments. There currently is a limitation of $75 million per agency subject to a maximum of 15 total transactions per month. The City of Campbel l uses this fund when interest rates are declining as well as for short-term investments and liquidity.

Medium Term Notes. - are corporate or depository institution debt securities meeting certain minimum quality standards (as specified in the California Government Code) with a remaining maturity of five years or less.

Money Market Mutual Fund. - Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds).

Mortgage Backed Securities. - Mortgage-backed securities (MBS) are created when a mortgagee or a purchaser of residential real estate mortgages creates a pool of mortgages and markets undivided interests or participations in the pool. MBS owners receive a prorata share of the interest and principal cash flows (net of fees) that are “passed through” from the pool of mortgages. MBS are complex securities whose cash flow is determined by the characteristics of the mortgages that are pooled together. Investors in MBS face prepayment risk associated with the option of the underlying mortgagors to pre-pay or payoff their mortgage. Most MBS are issued and/or guaranteed by federal

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agencies and instrumentalities (e.g., Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA), and Federal Home Loan Mortgage Corporation (FHLMC)).

Mortgage Pass-Through Obligations. - Securities that are created when residential mortgages (or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the mortgages are sold.

Mutual Fund. - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by strict Securities and Exchange Commission (SEC) disclosure guidelines.

Nationally Recognized Statistical Ratings Organization. - A nationally recognized statistical ratings organization (NRSRO) is a credit rating agency that provides an assessment of the creditworthiness of a firm or financial instrument(s) that is registered and approved by the Securities and Exchange Commission (SEC). Not all credit rating organizations are NRSROs

Repurchase Agreements (REPOS). - is a contractual arrangement between a financial institution, or dealer, and an investor. This agreement normally can run for one or more days. The investor puts up his funds for a certain number of days at a stated yield. In return, he takes a given block of securities as collateral. At maturity, the securities are repurchased and the funds repaid plus interest.

Supranationals. - International institutions formed by two or more governments that transcend boundaries to pursue mutually beneficial economic or social goals. There are three supranational institutions that issue obligations that are eligible investments for California local agencies: the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and InterAmerican Development Bank (IADB).

U.S. Treasury Bills. Commonly referred to as T-Bills, these are short-term marketable securities sold as obligations of the U.S. Government. T- Bills do not accrue interest but are sold at a discount to pay face value at maturity.

U.S. Treasury Notes. These are marketable, interest -bearing securities sold as obligations of the U.S. Government with original maturities of one to ten years. Interest is paid semi-annually.

U.S. Treasury Bonds. These are the same as U.S. Treasury Notes except they have original maturities of ten years or longer.

U.S. Government Agency Issues. Are securities that are unconditionally backed by the full faith and credit of the United States, including: Government National Mortgage Association (GNMA), Farmers Home Administration (FmHA),Small Business Administration (SBA), General Services Administration (GSA), Federal Housing Administration (FHA) and Housing and Urban Development (HUD).

U.S. Government Instrumentality Issues. Are government sponsored enterprises that are backed by the creditworthiness of the issuing agency, not the full faith and credit of the U.S. government.

They do carry an implied guarantee of government assistance to the organization should it encounter financial difficulties. Issuers include: Federal National Mortgage Association (FNMA), Federal Home Loan Bank (FHLB), Federal Farm Credit Banks (FFCB) and Federal Home Loan Mortgage Corporation (FHLMC).

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CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the <DA TE> day of <MONTH>, YEAR, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and <BUSINESS OR INDIVIDUAL NAME> (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for <PURPOSE>; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said reviews and City Surveyor assignment;

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 a s 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 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.

1.7 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

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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 < PROJECT MANAGER NAME>. 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 authorized 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 office rs 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 stan dards 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 contract or 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 equipped 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 ha rmless 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 by 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 furn ish to Consultant all available and pertinent data and information requested by Consultant to facilitate the prepa ration 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 prompt 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 $<AMOUNT>, 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 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 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 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 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 chang es 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 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 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 authorized by written cont ract amendment or change order, approved and execu ted 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 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 shal l be responsible 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 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 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 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 <# OF DAYS> 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 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 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 wi ll become property of the City upon the t ermination 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 difference between the prices 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 failure of the Consultant to perform pursuant 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 under 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 under this Agreement for a period of three years fo llowing acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, col or, 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, s uch Consultant or subc ontractor. City requires Consultant to comply with all applicable Federal and State and local equal 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 de fendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design profess ional 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 i nsures all project particip ants for general liability exposures on a primary basis and also covers all design professionals for their legal liability aris ing 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 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 fr om and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature , including 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 defending any claim, caused by or arising out of, or al leged 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 negligence 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 indemnification by the Consultant to a greater extent than permitted under the publ ic policy of the State of Cali fornia; 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 inde mnity 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 liab ility 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 maintai n insurance conforming to the follo wing 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 Liabil ity: $1,000,000 combined single limit per occurrence for

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bodily, personal injury and property damage. If Commercial General Liability Insurance or other for m with a general aggregate limit is used, either the 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.

2. Automobile Liability: $1,000,000 combined single li mit 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 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 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 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 declared to and approved by the City, and shall not reduce the limits of liability. At the option 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

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than or in exces s of the sp ecified 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 requirements 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 pol icy or proceeds 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, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions 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 ap ply s eparately to each 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 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 t he polici es shall not affect cov erage provided to the City; and unless otherwise approved by the City, e ach 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 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 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 subcontractors to compl y 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

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manner and to the same extent as t he Consultant is bound to City under this Agreeme nt.

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 al l subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will prov ide 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 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 Agree ment, 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 pursuant 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,

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promises, negotiations, or representations not expre ssly set f orth 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 ju risdiction t o 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 <# OF YEARS> 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 interests in respect to the work and/or services and project. The Consultant shall list 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 not make or participate in making or in 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 financ ial in terest other than the compensation promised by this Agreement.

Consultant wi ll immediately a dvise the City if Consultant learns of a financial interes t of Consultant's during the term of this Agreement.

10.11 City is a public agency subject to the di sclosure 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, C onsultant m ust clearly mark such information “Confidentia l and Proprietary,” and identify the speci fic 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 exemp t 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 further agrees that it shall defend, indemnify and hold City harml ess against any c laim, 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 ari sing

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from any representation, or any action (or inaction), by the Consultant.

10.12 Neither par ty 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, a cts 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 Majeur e claimed to delay, hinder or prevent perfo rmance 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 wi ll, upon the cessation of the cause, diligently pursue performance of its obligations in t his Agreement. In the event either party is prevented or delayed in the perfo rmance of its respective obligation 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 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 th is 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, ag ents, successors and assigns to comply with the provisions 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 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: <ATTENTION TO>
70 North First Street
Campbell, CA 95008

CONSULTANT: ____________________________________
A ttention: ___________________________
____________________________________
____________________________________
____________________________________

[SIGNATURES ON FOLLOWING PAGE]

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

CONSULTANT

/s/__________________________________

Name_______________________________

Title________________________________

CITY OF CAMPBELL

/s/__________________________________

Name_______________________________

Title________________________________

Approved as to Form

/s/__________________________________
City Attorney

Name_______________________________

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Exhibit A - Scope of Services and Fees

<DETAILED SCOPE OF SERVICES AND FEES INCLUDING ANY HOURLY RATES>

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City
Council
Report

TITLE: Resolution Approving and Awarding a Contract with Mobile Modular, in an Amount Not to Exceed $261,728, to Provide Labor and Equipment Services for the Service Center Portable Building Replacement Project (CIP No. 17 -SS); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving and awarding a contract with Mobile Modular, in an amount not to exceed $261,728, to provide labor and equipment services for the Service Center Portable Building Replacement project (CIP No. 17 -SS), and allow the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) for the procurement of these services through the City’s membership with Sourcewell (a Cooperative Purchasing Firm) and Mobile Modular’s participation as a Sourcewell -certified vendor; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND

The City’s Service Center (Service Yard) is home to the Public Works Department’s Maintenance Division, which is responsible for maintaining various citywide infrastructure, including streets, parks, traffic signals, street lighting, storm drains, as well as City-owned vehicles and equipment. Located at 290 Dillon Avenue, the Service Yard consists of various office buildings and warehouse spaces dedicated to the operational and staffing needs of these operational units – including a separate on -site trailer that houses the City’s traffic signals and streetlight operations. Originally installed in 1992, this trailer has provided office spaces for approximately 4 to 6 staff members over the years, from the Signals and Lighting and Parks Maintenance sections, while housing specialized equipment that monitors the City’s signalized intersections to assist staff with real-time diagnostic and repair efforts.

As staffing and operational needs have increased over the years, the Service Yard has undergone several capital improvements to address the structural and mechanical deficiencies of its buildings and amenities. Additionally, staff has implemented several improvements over the years to increase the efficiency of space at the yard.

Item: 13
Category: CONSENT CALENDAR
Meeting Date: November 7, 2023
13 Packet Pg. 152
Service Center Portable Building Replacement Page 2 of 5 Separately, as part of private development proposal approvals, the City sold two distinct portions of the Service Yard’s property to adjacent developers in exchange for funds that were originally intended to offset the cost of future improvements at the yard. In August 2015, the City sold a portion of the Service Yard’s northerly side to Robson Homes for $780,000. This was followed by a separate sale to St. Anton in May 2016 for $450,000 – thereby allowing each developer to incorporate these adjacent areas of land into their respective townhome and apartment projects. As a result of these land sales, the City received a total of $1.23M which was subsequently placed into a reserve fund intended for future Service Yard improvements.

Between 2017 and 2020, a portion of these funds w as used to implement minor improvement projects, with a larger portion of funds (approximately $345,018) allocated to a separate Capital Improvement Project created for the replacement of the Signals and Lighting trailer (Service Center Portable Building Replacement , CIP Project No. 17- SS). The remaining reserve funds (approximately $900k) were placed in a reserve fund for later use on other Service Yard improvements. However, these funds were used to help close the operating budget deficit in late FY 2019/20 that resulted from economic conditions caused by the COVID-19 pandemic.

DISCUSSION

In recent years, the Service Yard’s Signals and Lighting trailer has experienced frequent mechanical and structural failures that have impacted staff’s ability to effectively maintain the City’s streetlight and traffic control operations. Maintenance staff has discovered advanced deterioration throughout the trailer’s exterior wood siding and trim work, while the roof can no longer sustain basic repair efforts (i.e., patching) after years of excessive damage caused by natural elements. Increased staffing and operational demands have also put a strain on the trailer’s interior features such as the flooring (carpets and laminate), restroom area, and individual office spaces. In addition, the cooling component of the trailer’s HVAC system has completely failed, which causes indoor temperatures to rise while the system remains out of service during the warmer months. These issues have also compromised the functionality of specialized equipment stored and operated from within the trailer – all of which allow staff to monitor live traffic feeds and respond to issues at various signalized intersection locations.

As the trailer’s interior and exterior features continue to deteriorate, issues have become increasingly more costly and time -consuming to repair. At the same time, concerns about the health and safety of staff have become an issue and the Department has been working to improve overall working conditions. Mindful of these needs, staff has developed a plan for the replacement of the Signals and Lighting trailer based on the City’s previous allocation of funds ($345,018) as programmed in the CIP for the Service Center Portable Building Replacement Project (No. 17 -SS). As such, staff has researched a variety of options and prepared a scope of work for the removal and replacement of the Signals and Lighting trailer – including amenities that support the new trailer’s compatibility with the existing site connections and other features intended to improve the surrounding exterior area and create additional storage space.
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Based on this scope of work, staff also identified a procurement strategy to facilitate the vendor selection process while meeting the requirements set forth in the City’s purchasing policies. According to Campbell Municipal Code (CMC) Section

3.20.030(6), the City may dispense with its formal bidding procedures when the purchase of goods or services are as follows: ‘ the City may elect to purchase supplies, materials or equipment directly from a vendor determined to be the lowest responsible bidder as a result of a competitive bid process conducted by the state of California, the county of Santa Clara or any other California county or municipality. ’ Furthermore, staff also confirmed that the City’s membership with Sourcewell – a government purchasing cooperative firm – would allow staff to purchase services from one of their qualified vendors who has already been vetted by Sourcewell and meets the same standards as the City’s own competitive procurement process.

In September 2023, staff contacted several vendors, including Mobile Modular – a Sourcewell-certified vendor specializing in portable building services – to request a proposal and quote for the installation of a new Signals and Lighting trailer at the Service Yard location. In response, Mobile Modular submitted a quote to provide the necessary labor and equipment services for a total contract amount of $261,728 (see Attachment B). In addition, Mobile Modular’s quote also includes a discount applied on behalf of the City’s membership with Sourcewell and Mobile Modular’s participation as one of their certified vendors.

As previously mentioned, staff will also incorporate other features into the project which will not be included in the scope of work for Mobile Modular’s associated service contract. As such, staff anticipates an allocation of funds from the Service Center Portable Building Project (No. 17-SS) to complete these efforts as follows:

Description of Work To Perform/Provide
(Mobile Modular or the City) Estimated Cost
Demolition of Existing Trailer City $13,000
Disconnect and reconnect all utilities (i.e.,
electric, sewer, water, and communications) City $7,000 Purchase of new 24’ x 60’ modular office trailer
(includes equipment, accessories, and charges upon
delivery; see quote for details)
Mobile Modular $261,728
Office furniture (i.e., desks, bookcases, conference
table and chairs) City $15,000
Separate Warehouse/Storage Building City $43,000
EST. TOTAL  $339,728

With the total project cost estimated at $339,728, and the amount of funds currently programmed in its CIP budget ($345,018), there will be a projected surplus of approximately $5,290. Should the trailer replacement and associated improvements be completed within (or under) this estimated total, the remainder of funds from the 13 Packet Pg. 154
Service Center Portable Building Replacement Page 4 of 5 project’s initial CIP budget allocation will be returned to the City’s Capital Improvement Program Reserve to fund future projects and repair needs.

Additionally, because this new building is proposed to be modular, it can be relocated to an alternate site if required.

NEXT STEPS

At this time, staff recommends that the City Council approve and award a service contract to Mobile Modular, in an amount not to exceed $261,728, for labor and equipment services to purchase and deliver/install a new Signal and Lighting trailer at the City’s Service Yard. Staff’s recommendation also allows the City to dispense with its formal bidding procedures in accordance with Campbell Municipal Code (CMC) Section 3.20.030(6), which authorizes the purchase of services through the City’s membership with Sourcewell and from one of their certified vendors who was previously vetted according to the same industry standards used by other public agencies for their own competitive procurement processes.

With contract execution required to commence services, staff is also requesting Council’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100. Upon this authorization, staff will incorporate the applicable details into the City’s standard Contract Services Agreement (see Attachment 3) and prepare a final copy to be distributed for review and signatures by all appropriate parties.

FISCAL IMPACT

This action will have a fiscal impact of $261,728. This figure is within the amount budgeted in the City’s adopted CIP for: ‘Service Center Portable Building Replacement (Project No. 17 -SS).’ Therefore, sufficient funding is available to award the proposed service contract, and implement additional improvements as specified by staff’s anticipated scope of work, during FY 2023/24.

ALTERNATIVES

1. Do not proceed with the Service Center Portable Building Replacement Project at this time; defer project/replacement to a future fiscal year.

2. Direct staff to take alternate action.

Prepared by:

Carina Shattuck, Administrative Analyst I
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Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Mobile Modular – Proposal for New Signals and Lighting Trailer c. Contract Services Agreement with Mobile Modular (Sample) 13 Packet Pg. 156

RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING AND AWARDING A CONTRACT WITH MOBILE MODULAR, IN AN AMOUNT NOT TO EXCEED $261,728, TO PROVIDE LABOR AND EQUIPMENT SERVICES FOR THE SERVICE CENTER PORTABLE BUILDING REPLACEMENT PROJECT (CIP NO. 17-SS), AND

ALLOW THE CITY TO DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.030(6) FOR THE PROCUREMENT OF THESE SERVICES THROUGH THE CITY’S MEMBERSHIP WITH SOURCEWELL (A COOPERATIVE PURCHASING FIRM) AND MOBILE MODULAR’S PARTICIPATION AS A SOURCEWELL-CERTIFIED VENDOR; AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION

3.20.100

WHEREAS, the City’s Service Center (Service Yard) is home to the Public Works Department’s Maintenance Division who manage and implement the maintenance of various citywide infrastructure; and

WHEREAS, in 1992, a separate on-site trailer was installed at the Service Yard to house the City’s traffic signals and streetlight operations – providing office spaces for approximately 4 to 6 staff members while housing specialized equipment to monitor the City’s signalized intersections; and

WHEREAS, over the years, staff has implemented several improvements to increase the efficiency of space at the yard and address other deficiencies throughout its buildings and amenities; and

WHEREAS, separately, in 2015 and 2016, the City sold two distinct portions of the Service Yard property to adjacent developers as part of the previously approved land development proposals for their respective projects – with both sales resulting in $1.23M received by the City and subsequently placed into a reserve fund intended for future Service Yard improvements; and

WHEREAS, between 2017 and 2020, a portion of these funds w as used on minor improvement projects, with a larger portion (approximately $345,018) allocated to a separate Capital Improvement project created for the replacement of the Signals and Lighting trailer (Service Center Portable Building Replacement, CIP Project No. 17-SS); and

WHEREAS, the remaining reserve funds (approximately $900k) were later used to help close the operating budget deficits in late FY 2019/20 which resulted from the economic conditions caused by the COVID-19 pandemic; and

WHEREAS, in recent years, the Signals and Lighting trailer has experienced frequent mechanical and structural failures that have impacted staff’s ability to effectively maintain the City’s streetlight and traffic control operations; and

WHEREAS, to mitigate these impacts, staff has developed a plan to replace the trailer based on the City’s previous allocation of funds ($345,018) programmed in the CIP for the Service Center Portable Building Replacement project (No. 17-SS); and

WHEREAS, the project’s scope of work will also include amenities t o support the new trailer’s compatibility with the existing site connections and other features intended to improve the surrounding exterior area and create additional storage space; and

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Attachment: Resolution (Service Center Portable Building Replacement)

WHEREAS, staff has also identified a procurement strategy to facilitate these efforts as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) which allows the City to dispense with its formal bidding procedures when purchases are made through the City’s membership with Sourcewell (a government purchasing cooperative firm ) and from one of their pre-qualified vendors who have already been vetted to the same standards as the City’s own competitive procurement process; and

WHEREAS, in September 2023, staff requested a quote from Mobile Modular – a Sourcewell - certified vendor – who in turn, submitted a proposal to provide the equipment and installation services to complete the trailer’s replacement, in a total contract amount of $261,728; and

WHEREAS, staff recommends that the City Council approve and award a contract to Mobile Modular, in an amount not to exceed $261,728, as sufficient funding is available in the project’s CIP budget to award the proposed service contract, and implement additional improvements , during FY 2023/24; and

WHEREAS, should the project be completed within the estimated total of $339,728, the remainder of funds from the project’s CIP budget allocation will be returned to the City’s Capital Improvement Program Reserve to fund future projects and repair needs.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approves and awards a contract with Mobile Modular, in an amount not to exceed $261,728, to provide labor and equipment services for the Service Center Portable Building Replacement project (CIP No. 17-SS), and allow the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) for the procurement of these services through the City’s membership with Sourcewell (a Cooperative Purchasing Firm) and Mobile Modular’s participation as a Sourcewell-certified vendor; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Anne Bybee, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Service Center Portable Building Replacement) Sourcewell Building Price @ $165/SF x 1440 = $237,600.00 - (minus) MM Discount $51,345.00 = $186,255.00

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Attachment: Mobile Modular – Proposal for New Signals and Lighting Trailer (Service Center Portable Building Replacement) Additional Note: Mobile Modular Sourcewell Contract ID#120822-MMR. (1) 24’x60’ Modular Building purchase priced using standard Sourcewell pricing (minus) MM discount. All one-time charges including installation, delivery, block and level, skirting, anchor & tie-down, project management, etc.was priced using RSMeans plus 17% Markup.

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Attachment: Mobile Modular – Proposal for New Signals and Lighting Trailer (Service Center Portable Building Replacement)

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Attachment: Mobile Modular – Proposal for New Signals and Lighting Trailer (Service Center Portable Building Replacement)

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Attachment: Mobile Modular – Proposal for New Signals and Lighting Trailer (Service Center Portable Building Replacement)

CONTRACT SERVICES AGREEMENT

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the TBD day of TBD , 2023 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and Mobile Modular , 5700 Las P ositas Rd, Livermore, CA 94551; (925) 606-9000 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:

CONTRACTOR shall provide or furnish the following specified services and/or materials:

Purchase, Delivery, and Installation o f a new portable trailer for the Service Center Portable Building Replacement Project (CIP No. 17-SS)
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:

Mobile Modular Sale Quotation and Agreement

TERMS: The services and/or materials furnished under this Agreement shall commence TBD and shall be completed before TBD .

COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount not to exceed: $261,727.11 unless authorized otherwise by City.

GENERAL TERMS AND CONDITIONS:

Agreement: This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. If any provision in this Agreement is held by any court or trier of fact to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.

Hold Harmless : With respect to any design professional services provided by CONTRACTOR , the CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by, pertaining or relating to, or arising out of, or alleged to have been caused by or arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, 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 CONTRACTOR in performing services described herein.

With respect to all matters other than those covered by the foregoing paragraph , CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of the performance o f 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 CONTRACTOR in performing services described herein.

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Attachment: Contract Services Agreement with Mobile Modular (Sample) (Service Center Portable Building Replacement)

AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS (CONT.):

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.

The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement.

City Business License: CONTRACTOR doing work in the City of Campbell shall have a valid City of Campbell Business License.

Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide the following before commencing any services under this agreement.

GENERAL LIABILITY INSURANCE: CONTRACTOR shall provide commercial general liability, broad form general liability and business automobile liability insurance in connection with the CONTRACTOR’S performance, in the amount of not less than $1,000 ,000 per occurrence. 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 requ ired occurrence limit.

Liability policies shall be endorsed to name CITY, its officers, volunteers, and employees as “insureds” under said insurance coverage and to state that such insurance shall be deemed “primary” such that any other insurance that may be carried by CITY shall be excess thereto. Such insurance shall be on an “occurrence,” not a “claims made,” basis and shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY (10 day notice for non-payment of premium). Endorsements shall be provided by or acceptable to the CITY.

WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance or service, CONTRACTOR shall maintain Workers’ Compensation and Employers Liability insurance for all of its employees who are in any way connected with performance of these services. The Workers’ Compensation Insurance shall comply with all applicable State laws. Employers Liability coverage shall be for a minimum of $1,000,000. The CONTRACTOR shal l 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.

It is a requirement of this Agreement that any available insurance proceed s 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 when the City is named as an additional insured pursuant to this Agreement. 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 affords greater coverage.

CERTIFICATES OF INSURANCE : CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory evidence of said coverage shall be required within ten (10) days of award of contract.

Non-Discrimination: No discrimination shall be made in the employment of persons under this agreement becau se of the race, color, national origin, ancestry, religion or sex of such person.

Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between C ITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any

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Attachment: Contract Services Agreement with Mobile Modular (Sample) (Service Center Portable Building Replacement)

AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS (CONT.):

contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY.

Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY.

Public Works Projects : In the event this Agreement requires the CONTRACTOR to provide services within the definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and conditions stated below shall be in full force and effect.

ARTICLE I. The general prevailing wage rates heretofore specified and any minimum wage rates indicated in the Special Provisions are hereby specifically referred to and by this reference are made a p art of this contract.

ARTICLE II. In accordance with the provisions of Section 3700 of the Labor Code, every CONTRACTOR will be required to secure the payment of compensation to his or her employees.

ARTICLE III . By my signature below, as CONTRACTOR, I c ertify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with such provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

ARTICLE IV. The improvement contemplated in the performance of this Agreement is an improvement over which the CITY shall exercise general supervision. The CITY sha ll have the right to assume full and direct control over this Agreement whenever the CITY, at its sole discretion, shall determine that its responsibility to the United States or the State of California so requires.

ARTICLE V . 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 completed and embraced in this Agreement; 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 of every description connected wit h the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Engineer under them.

ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records.

ARTICLE VII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices.

ARTICLE VIII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours.

ARTICLE IX. CONTRACTOR shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four (4) feet below the surface.

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AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS (CONT.):

ARTICLE X. Time is of the essence in the performance of this cont ract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day’s delay in finishing the work in excess of the number of working day’s prescribed, in the amount of $ TBD . per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such a delay was caused by the failure of the CITY or the owner of the utility to provide for removal or relocation of such utility facilities as set forth in California Government Co de Section 4215.

Prevailing Wage: This contract is for a public work as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of the California Labor Code concerning prevailing wages.

Termination: 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 CONTRACTOR of such termination.

In the event of such termination, CONTRACTOR 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.

In the event of such ter mination, CONTRACTOR shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 2.1, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law . .

Dispute Resolution In the event of any dispute between the Parties rela ted to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute . If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party's written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.

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Attachment: Contract Services Agreement with Mobile Modular (Sample) (Service Center Portable Building Replacement)

AGREEMENT
PAGE 5
GENERAL TERMS AND CONDITIONS (CONT.):

CONTRACTOR COORDINATOR and representative for CITY shall be:

NAME: RON TAORMINA DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above.

CONTRACTOR: CITY OF CAMPBELL
By: By:

Title: Title: __________________________________ Contractor License No.:

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City
Council
Report

TITLE: Continued Public Hearing to Consider an Appeal of the Planning Commission’s Denial of a Conditional Use Permit with Site and Architectural Review to Allow Reconstruction of a Shell Gasoline Service Station with an Expanded Convenience Store Including Off - Site Alcohol Beverage Sales, a Drive -Through Carwash, and 24 -Hour Operational Hours; and a Tree Removal Permit Removal of All On - Site Trees, for Property Located at 570 E. Hamilton Avenue. File No.:

PLN-2022-44 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution denying the appeal and upholding the Planning Commission's denial of a Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit.

ENVIRONMENTAL (CEQA) DETERMINATION
The Planning Commission found that this project is Statutorily Exempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to projects which a public agency rejects or disapproves.

PROJECT DATA
Zoning Designation: C-2 (General Commercial)
General Plan Designation: General Commercial
Lot Area:

Current Size: 26,284 square-feet
Post-Dedication Size: 25,491 square-feet
Floor Area Ratio (FAR) .161 0.40 (Max. Allowed)
Building Height:

Convenience Store: 26 ½ feet
Fueling Canopy: 19 ½ feet
Carwash Tunnel: 20 ½ feet
Trash Enclosure: 9 ½ feet
Building Square Footage

1 Does not include the fueling canopy since this is an unenclosed structure.

Item: 14
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: November 7, 2023
14 Packet Pg. 170
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Convenience Store: 2,387 square-feet
Fueling Canopy: 3,002 square-feet
Carwash Tunnel/Equipment: 1,493 square-feet
Trash Enclosure: 166 square-feet
7,048 square-feet (Total Building Area)
Parking: 11 stalls 0 stalls (per AB 2097)
Building Setbacks Proposed Required
Front (north): 10 feet 10-feet
Sides (west): 10 feet 10-feet
Sides (east): 26 feet 5-feet
Rear (south): 5 feet 10-feet2

BACKGROUND

Continued Public Hearing: This application has been twice continued, at the applicant's request, from the September 5, 2023 and October 3, 2023, City Council meetings.

Proposed Project: The submitted application for a Conditional Use Permit with Site and Architectural Review would allow reconstruction of the Shell service station and a Tree Removal Permit to allow removal of six trees. The new station would incorporate four (double-sided) fueling dispensers underneath a rectangular canopy, a drive -through carwash, a 2,400 square -foot convenience store, and associated parking, site, and landscaping improvements (reference Attachment B – Project Plans). The Project Description (reference Attachment C) states that the rebuilt station would operate 24 hours a day and that the convenience market would carry alcoholic (beer and wine) beverages.

Project Site : The project site is a 26,000 square -foot parcel located at the southwest corner of the Hamilton/Salmar/Highway 17 intersection, within the C -2 (General Commercial) Zoning District and surrounded by the Staples office supply store and its parking lot to the west and south. The property is developed with a Shell service station constructed pursuant to a Conditional Use Permit (UP 83 -06) approved by the Planning Commission on August 23, 1983. This approval was modified by the Planning Commission at its meeting of January 12, 2016, to formalize 24 -hour operation of the station.3

2 CMC Sec. 21.10.050, Table 2-10 allows the Planning Commission to reduce the rear setback. 3 The service station was a non-conforming use for lack of a Conditional Use Permit that specifically allowed late-night activity (defined as activity occurring between 11:00 PM and 6:00 AM). Pursuant to City Council Ordinance No. 2002, such non-conforming uses had to secure City approval for late-night activity within two years or cease late-night hours. Since this action did not affect the physical configuration or appearance of the service station, the Planning Commission found the CUP modification consistent with the General Plan
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Scope of Review : This application was deemed "complete" under the Permit Streamlining Act on January 17, 2023, and therefore is subject to the Zoning Code and General Plan in effect at the time pursuant to CMC Sec. 21.01.050.E. As such, the land use policies and strategies referenced in this report are from the former General Plan.

Similarly, the above identified development standards are from the former Zoning Code, prior to the comprehensive update that was adopted in conjunction with the 2040 General Plan / Housing Element in April.

If this application had been submitted under the current 2040 General Plan (or withdrawn and resubmitted), new General Plan Action CD -3.f would discourage approval until the City adopted a new Gateway policy or April 2025, whichever came first.

Action CD-3.f: Discourage development of nonresidential uses at Gateway locations until the City Gateway Policy or Ordinance is adopted, or two years from the adoption of the General Plan, whichever is less.

Moreover, the new 2040 General Plan maintains the same polices pertaining to development of gateway properties that formed the basis for the Planning Commission's decision, as discussed in this report. As such, the basis for the decision remains unchanged between the former and newly adopted General Plans.

Planning Commission Action : The Planning Commission held a public hearing on this application at its meeting of June 27, 2023. As noted in the meeting minutes, the applicant and his architect spoke in support of the proposal, but no other public comment was provided (reference Attachment D – Meeting Minutes). After deliberation, the Commission determined that the application would be inconsistent with the General Plan and preclude a more appropriate development in the future. By a unanimous 6 -0-1 vote (Commissioner Ostrowski absent), the Commission adopted a resolution to support the staff recommendation and deny the application.

Appeal: The applicant filed an appeal on July 7, 2023, ten days after the Planning Commission public hearing (reference Attachment E – Appeal Letter). 14 Packet Pg. 172
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ANALYSIS

Basis of Planning Commission Denial : The Planning Commission's denial of the applicant's request to reconstruct and intensity the Shell service station was predicated on the findings of approval for a Conditional Use Permit and Site and Architectural Review Permit, particularly with regard to lack of compliance with the applicable General Plan policies. These findings and the staff's original analysis, is included, below:

Conditional Use Permit Findings (CMC Sec. 21.46.040):

A. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;
Yes. The project site is located within the General Commercial (C -2) Zoning District.

According to the Zoning Code, this district is "intended to provide a wide range of retail sales and business and personal services primarily oriented to the automobile customer and accessible to transit corridors". Since the C -2 Zoning District caters to commercial uses that need exposure to high volumes of automobile traffic (e.g., shopping centers, service stations, and restaurants), it is almost exclusively found along the City's major arterial roadways, including Hamilton, Bascom, and Camden Avenues, and the southerly portion of Winchester Boulevard.

Consistent with its purpose, the C -2 Zoning District allows the widest array of permitted and conditional land uses. The proposal would include the following six distinct land use components, all of which are conditionally allowable in this zoning district: (1) "gasoline station"; (2) "motor vehicle - cleaning, washing, and detailing"; (3) "outdoor active activities" (the drive -through component of the carwash); (4) "late night activities" (24 -hour operation); (5) "liquor store" (to allow off -site alcoholic beverage sales); and (6) a "convenience market/store".

B. The proposed use is consistent with the General Plan; No. The General Plan land use designation for the project site is General Commercial. This land use designation supports uses that require high vehicular and pedestrian exposure in order to sustain the success and viability of the City’s retail and business centers. Establishment of a gasoline service station with the above - described associated uses along a major commercial corridor with convenient access to Highway 17 would generally be considered consistent with purpose of the General Commercial land use designation. However, the proposal to reconstruct and intensify an existing service station, in this particular location , conflicts with various General Plan policies and strategies, as discussed, below.

Gateway Policy : The project site is located at the Hamilton/Salmar/Highway 17 intersection, which is identified by the prior and current General Plan as a city entry "gateway." The following excerpt from page LUT -28 of the 2001 General Plan 14 Packet Pg. 173
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explains the importance of these gateways and ensuring that they provide a strong "sense of arrival" into the City of Campbell. In staff's assessment, this project fails to satisfy the gateway policies in that a gas station with a convenience market and drive-through car wash simply cannot be designed to create a "sense of arrival" into the City. This inability to comply with the gateway policies is inherent with these land uses such that it is not possible for the project to be redesigned in a way that could achieve consistency.

The General Plan's vision for entry gateways is effectuated through Goal LUT -6 and its supporting policy and strategies, as excerpted, right. Strategy LUT -6.1b identifies the need to anchor gateway intersections with "landmark buildings" with "distinct architectural character" that "face and frame" the intersection.

The proposed project fails to achieve
these goals because a service station/
convenience market cannot be
sufficiently designed as a landmark
building. A service station /
convenience market lacks the
necessary building scale and potential
for architectural exceptionalism
envisioned for landmark gateway
buildings. Fundamentally, a service
station cannot fulfill the architectural or
place-making aspirations for a major
City gateway as envisioned by the
General Plan.

This conflict is notably more significant
at the Hamilton/Salmar/Highway 17 Gateway as it is one of the most visually prominent and highly trafficked gateways to Campbell. The sightline off the highway Gateways / City Boundaries [Pg. LUT-28]
Gateways and Boundaries are the primary
locations where people enter and leave the city.

Gateways provide initial impressions of
Campbell and convey a “sense of arrival.”
Currently the City is lacking Gateways at its
boundaries and to most of its districts and
neighborhoods.

This General Plan Update encourages
Gateways at the city boundaries on major
streets and intersections and at entries to
special districts, such as Downtown. Gateways
should be appealing and distinctive, evoking a
positive city or district image. Gateways can be
identified through special architecture,
landscape, and artwork. Uniform signs for
the city’s gateways can also help define the
city’s boundaries.
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17 offramp renders the project site particularly visible to motorists entering the City, further supporting the need to construct a landmark building rather than allowing reconstruction of a service station.

Transit Supporting Policy : The gateway policy notwithstanding, the proposed continued use of the property as a service station is also in conflict with General Plan policy pertaining to complementing land use with the regional transportation system and allowing higher intensity development near light rail, as stated by Policy LUT-1.5 and Strategy LUT-1.5a, and Strategy LUT-1.5d, respectively, and within the Priority Development Areas (PDA) per Strategy LUT-2.11.

Policy LUT-1.5: Land Use Planning and the Regional Transportation System :

Support land use planning that complements the regional transportation system.

Strategy LUT-1.5a: Transit-Oriented Developments : Encourage transit -oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail.

Strategy LUT-1.5d: Higher Floor Area Ratios (FARs) : Develop provisions for allowing higher FARs in new projects that provide a mix of uses, maintain a jobs/housing balance or are located within proximity to Light Rail.

Strategy LUT-2.11 Public Transit : Coordinate with regional transportation agencies including VTA and the Metropolitan Transportation Commission (MTC) to improve public transportation service and promote public transit as a viable alternative to driving, particularly within the Priority Development Areas (PDA).

The project site is less than ¼ mile from the Hamilton Light Rail Station, and is surrounded by the City's Priority Development Area (PDA) . As such, consistent with the applicable policies and strategies, the nature of land use development or redevelopment of the property should focus on transit -oriented development and take advantage of its proximity to light-rail and Downtown Campbell. This outcome is also strongly supported by the regional Plan Bay Area 2050, which encourages local 14 Packet Pg. 175
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jurisdictions to focus on the development of housing, job centers, and mixed -use developments near transit stations to promote walkability, reduce car dependency, and improve overall transportation efficiency. In total, allowing significant reinvestment into the property as a service station use would undermine fulfillment of the vision articulated by Campbell General Plan as well that of Plan Bay Area 2050.

Design and Architecture Policies : In addition to the project's inconsistency with the General Plan's gateway and transit -supporting policies, the design approach of the station also presents conflicts with the General Plan’s design policies, as discussed, below.

Building Placement/Orientation : The General Plan's discussion on building placement at intersections, excerpted, below, highlights the design imperative to properly orient buildings at intersections so that they contribute to the creation of a "sense of place". Orienting buildings towards the street is also supported by Strategy LUT-9.3d as a means to improve the pedestrian experience.

Building Placement at Intersections [Pg. LUT-32]
Major intersections are often the first and most lasting impression of the community. Street intersections create focal points that can enhance or detract from the image of a community. This highly visible position deserves special design consideration. Well- designed buildings that frame intersections help define a space and reduce the expanse of asphalt. Incorporating prominent entries, windows, design details, and landscape oriented to the intersection creates “a sense of place.” Well-designed and strategically placed buildings can provide a more positive image of the community.

Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street , including human scale details and massing that engages the pedestrian.

Following the 2021 study session, the applicant revised the site plan to move the convenience store towards the intersection in attempt to satisfy the referenced General Plan policy. However, as illustrated by the streetscape rendering (reference Attachment F), the functional rear of the building would face the street, with only an exit door along the Hamilton Avenue frontage. Although the design includes a corner glass element —ostensibly intended to provide the building with an architectural anchor at the intersection —this feature would be a mere artifice. As depicted in the floor plan, the corner would operate as a storage room. As a result, the building would be oriented inward, with its back facing the street, in a manner that contradicts the General Plan's guidance.

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Building Materials: The General Plan's narrative on building and site design speaks to the need to construct "high quality" buildings, as excerpted, below. This direction is reiterated by Policy LUT -9.3, and supported by Strategy LUT -9.3e, which encourages the use of "long-lasting, high quality building materials on all buildings".

Building and Site Design [Pg. LUT-32]
New developments, especially “infill” projects (i.e. new development that primarily takes place by remodeling existing buildings or by removing an existing structure to accommodate a new structure), require careful attention to building scale, architectural design, landscaping, and placement and screening of loading areas and mechanical equipment. With proper encouragement and direction, new development can have a positive affect on surrounding development and enhance the quality of life for residents, employees, and visitors to Campbell.

The General Plan encourages new developments, including major remodels, which are designed to complement existing development. New development and improvements can be compatible with surrounding development if careful attention is paid to scale, materials, colors, building height and form, and design details. Franchise establishments sometimes employ a generic “corporate architecture” that is garish and repetitive. Corporate architecture is more difficult to blend with existing development, does not accommodate other commercial land uses easily and becomes dated quickly. Therefore, corporate architecture is discouraged. The General Plan encourages high quality building designs that are architecturally attractive and are compatible with or enhance the surrounding development.

Policy LUT-9.3: Design and Planning Compatibility : Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural
resources.

Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.

Utility room

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The elevation and color/material sheet (reference Attachment G) drawings portray a building covered in brick with metal accents. However, the project plans and material sheet specify the use of "thin brick," a veneer material typically ½" or ¼" thick. Due to the flimsiness of this material, it would not achieve the tactile depth nor durability of a genuine brick. Consequently, the building would fall short of meeting the design expectations outlined in the General Plan.

Fuel Consumption : General Plan Policy LUT -1.2c directs the City to support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region:

Policy LUT-1.2c: Regional Vehicle Emissions, Noise and Fuel Consumption Reduction: Support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.

The Federal government and the State of California are committed to transitioning away from gasoline -fueled motor vehicles in the effort to combat the climate crisis.

Of particular relevance, Governor Newsom signed Executive Order N -79-20, which directed the California Air Resources Board (CARB) to develop regulations to mandate that 100% of in -state sales of new passenger cars and trucks are zero - emission by 2035. In response, CARB adopted the " Advanced Clean Cars II" rule to effectuate the Governor's order last August , which will rapidly accelerate the transition away from gasoline vehicles. The purchase of electric vehicles will also be incentivized through new tax credits approved as part of the 2022 Inflation Reduction Act. As such, allowing new investment into the continuation of a gasoline station would be inconsistent with the purpose and trajectory of State and Federal policy.

C. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;
Yes. Under the recently adopted State Law AB -2097, the City "shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one -half mile of public transit." As this property is within 1/2 mile of the Hamilton Light Rail station, it is no longer subject to a parking requirement. Nonetheless, the project would provide eleven (11) parking stalls. With regarding to fueling trucks, the project plans show a 14 Packet Pg. 178
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unidirectional path from eastbound Hamilton Avenue through the site onto southbound Salmar Avenue that would provide adequate circulation.

D. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; Yes. The proposal would result in a negative trip generation due to the fewer number of pumps and assumptions for a multi -use service station found of the ITE Trip Generation Manual such that traffic study was not required under the VTA Congestion Management Program . Additionally, since the project site is within ½ mile from the Hamilton Light -Rail Station, a Vehicles -Miles-Traveled (VMT) analysis was also not required per the City's VMT policy.

E. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on -site and in the vicinity of the subject property; and
No. Although not applicable to the project, the newly
adopted 2040 Campbell General Plan identified this site and surrounding properties for inclusion within a new
Hamilton Avenue Precise Plan. As effectuated through
new Goal LU -9, right, the 2040 General Plan aims to
transform the Hamilton Avenue area into a vibrant, transit - oriented, mixed -use district with safe and convenient
multi-modal connectivity. Future uses are anticipated to be upper -level residential units (apartments and
condominiums) with pedestrian -scale retail, restaurant, and personal -service businesses on the ground -level
intended to serve the local community. Reconstruction of a service station in the heart of the Precise Plan area would present an inherent conflict with these future uses.

For this reason, the 2040 General Plan includes a policy discouraging new non -residential projects until the City adopts the precise plan so that new development may
further this vision. Approval of the project could potentially undermine this position since it would result in an
intensified vehicle-oriented activity near a light -rail station in contradiction of accepted transit -oriented development (TOD) principles.

F. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
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Yes. Although this site has had some history of nuisance and criminal activity, this was reflection of the prior operator and there are no active code enforcement or police investigations regarding the property. Use of the property as its current form and as proposed would not impair the public health or safety.

Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):

A. The project will be consistent with the general plan.

No. See the response for Conditional Use Permit Finding 'B,' above.

B. The project will aid in the harmonious development of the immediate area.

No. See the response for Conditional Use Permit Finding 'F,' above.

C. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

Yes. There are no design guidelines for commercial buildings applicable to this project, nor is the project site subject to any area, neighborhood, or specific plan.

Tree Removal Permit Findings (CMC Sec. 21.32.080)
The application includes the proposed removal of all on - site trees, as noted in the table, right, as they would physically conflict with the proposed construction.

Traditionally, this occurrence may allow for consideration of approval of a Tree Removal Permit under the
"economic enjoyment and hardship" finding, noted,
below. However, since the findings for approval of the
overall project cannot be established, there is not an
economic basis to remove the trees. As such, this finding cannot be established, and the other findings are inapplicable.

A. Diseased or danger of falling. The tree or trees are diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health or safety requires its removal;
B. Structure Damage. The tree or trees have caused or may imminently cause significant damage to the existing main structure(s) that cannot be controlled or remedied through reasonable modification of the tree's root or branch structure; C. Utility Interference. The tree or trees have interfered with utility services where such interference cannot be controlled or remedied through reasonable modification/relocation of the utility services and/or reasonable modification of the tree's root or branch structure;
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D. Overplanting. The tree(s) is crowding other protected tree(s) to the extent that removal is necessary to ensure the long-term viability of adjacent tree(s); OR E. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property.

Response to Appeal : The applicant's appeal letter provides four points as the basis for the appeal as to why the application should be approved. Each of these points is presented below verbatim, followed with a response by staff:

1. The proposed reconstruction of the gas station will improve the onsite and offsite vehicle circulation.

Although the consolidation of the two existing Hamilton Avenue driveways into a single driveway as proposed by the project would result in improved on- and off-it circulation, this was not a basis for the Planning Commission's denial.

2. The proposed reconstruction of the gas station improves the pedestrian access to the facility and provide better customer experience.

The existing service station currently has poor pedestrian access —as one must walk through the fueling area to reach the convenience market —staff agrees that any new proposal would be an improvement. However, this was not a basis for the Planning Commission's denial, and is therefore, is also not a relevant factor.

Moreover, in a broader context, an appropriate development consistent with the citied policies of the General Plan would provide a notably enhanced pedestrian experience than a new service station, which no matter its design is still inexorably oriented to drivers.

3. The proposed reconstruction of the gas station will allow the facility to comply with the current state and local codes and provides legion of EV parking stalls.

The applicant has noted the service station is already obligated to comply with a State law requiring removal and replacement of the existing single -walled underground storage tanks. Reconstruction of the station is not necessary to accomplish this work.

The ability to charge an electric vehicle at the gas station is also not relevant 14 Packet Pg. 181
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factor as it would remain a vehicle -oriented activity inconsistent with the General Plan. Moreover, the vast majority of electric vehicles are charged at home and at work or when drivers park in a long -term capacity (such as a shopping center or mall).

4. The reinvestment in the property provides additional tax dollar for the City of Campbell.

Although a larger convenience store and automated car wash may result in additional sales tax generation, the potential minor fiscal benefit is not a relevant factor identified in the City’s applicable general plan policies.

ADDITIONAL CONSIDERATIONS
The applicant has indicated that a long -term lease will require use of the property for gasoline sales until 2046 and that if the application is rejected, the property would remain in its current state until then. However, market forces in the next decade may alter the economic considerations between the applicant and the property owner in a manner that could facilitate appropriate redevelopment of the property in the future. This may be particularly true if State and Federal policies result in a precipitous drop in gasoline consumption, which may reduce the profitability of older gas stations without modern amenities, resulting in their closure . Indeed, some cities are beginning to consider formally prohibiting the construction of new gasoline service stations in recognition of this shift. As such, the applicant's assertions need not be taken at face value.

Ultimately, there will be a number of properties in this area —in addition to the project site—that will be developed during the next development cycle as envisioned by the City’s General Plan and Housing Element, including the Fry's Electronics, Elephant Bar, and Staples sites, as well as the small professional office building immediately to the south (which had been subject to formal application for a hotel). All of these properties are generational opportunities to reimagine the urban form of this critical entry into the City; a future in which a gasoline station has no place.

ALTERNATIVE
If the City Council wishes to favorably consider the application, the public hearing should be continued to a date uncertain to allow staff to prepare an environmental document as required by the California Environmental Quality Act (CEQA), allowing the project to be considered for approval. The Council should also articulate how the project complies with the General Plan so that staff may prepare draft approval findings for future Council consideration.

PUBLIC COMMENT
No public comment has been received.
14 Packet Pg. 182
PLN-2022-44 ~ 570 E. Hamilton Avenue. Page 14 of 14

FISCAL IMPACT
There are no direct fiscal impacts from the recommended action.

Prepared by:

Daniel Fama, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft CC Resolution
b. Project Plans
c. Project Description
d. PC Meeting Minutes (2023-06-27)
e. Appeal Letter
f. Streetscape Drawing
g. Color and Material Sheet
14 Packet Pg. 183

RESOLUTION NO. ____

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL DENYING AN APPEAL AND UPHOLDING THE

PLANNING COMMISSION'S DENIAL WITH PREJUDICE OF A

CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL

REVIEW TO ALLOW R ECONSTRUCTION OF A GASOLINE

SERVICE STATION WITH AN EXPANDED CONVENIENCE STORE

INCLUDING OFF -SITE ALCOHOL BEVERAGE SALES, A DRIVE -
THROUGH CARWASH, AND 24 -HOUR OPERATIONAL HOURS

WITH A SSOCIATED SITE, LIGHTING, PARKING, REFUSE
COLLECTION, AND LANDSCAPING IMPROVEMENTS; AND A

TREE REMOVAL PERMIT TO ALLOW REMOVAL OF ON -SITE
TREES, FOR PROPERTY LOCATED AT 570 E. HAMILTON
AVENUE. FILE NO.: PLN-2022-44

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The City Council finds as follows with regard to File Number PLN-2021-43:

Environmental Findings

1. The action to deny the project is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to PRC § 21080(b)(5).

Evidentiary Findings

1. The Project Site is an approximately 26,000 square-foot parcel located at the southwest corner of the Hamilton/Salmar/Highway 17 intersection and 0.20 mile from the Valley Transportation Authority (VTA) Hamilton Light Rail Station.

2. The Project Site is designated by the Campbell Zoning Map as C -2 (General Commercial) and by the Campbell General Plan Land Use Diagram as General Commercial.

3. The Project Site is surrounded by the Staples office supply store and its parking lot to the west and south and is across the street from a retail center to the north across Hamilton Avenue and the former Fry's Electronics store to the east across Salmar Avenue.

4. The Project Site is currently entitled with a Conditional Use Permit (UP 83-06) approved by Planning Commission Resolution No. 2227, as amended by Resolution No. 4269 (PLN2015-22), allowing 24-hour operation of a service station and convenience market with off-sale of beer and wine products.

5. The Proposed Project is a n application for a Conditional Use Permit with Site and Architectural Review and Tree Removal Permit (PLN-2022-44) to allow reconstruction of

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Packet Pg. 184
Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 2 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) a Shell service station with an expanded convenience store including off -site alcohol beverage sales, a drive-through carwash, and 24-hour operational hours.

6. The specific conditional uses of the Proposed Project include a (1) "gasoline station"; (2) "motor vehicle - cleaning, washing, and detailing"; (3) "outdoor active activities" (the drive-through component of the carwash); (4) "late night activities" (24 -hour operation); (5) "liquor store" (to allow off -site alcoholic b everage sales); and (6) a "convenience market/store".

7. The application for the Proposed Project was deemed "complete" under the Permit Streamlining Act on January 17, 2023, and therefore is subject to the Zoning Code and General Plan in effect at the time pursuant to CMC Sec. 21.01.050.E.

8. Chapter 21.46 of the Campbell Municipal Code (CMC) requires application for a Conditional Use Permit for certain prescribed land use activities so that the City may evaluate requests on a case-by-case basis relative to site specific considerations for the following reasons:
• Conditional uses are those that have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.
• The process for reviewing Conditional Use Permit applications is intended to protect the integrity and character of the residential, commercial, industrial, and mixed use areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan.
• The Conditional Use Permit process also provides for adequate review and input for development projects that potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.
• A project requiring Conditional Use Permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards as to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause.

9. The City ’s exercise of the Conditional Use Permit process further s the intent of the Zoning Code as specified by CMC Section 21.01.30 (Purpose), including but not limited to the implementation of the goals, objectives, policies, and programs of the General Plan, to maintain community character and to avoid congestion.

10. In review of the Proposed Project, the City Council considered the compliance of all applicable development standards provided by the Zoning Code, consistency with the goals, policies, and strategies of the General Plan, and the entirety of the administrative record including staff reports, public testimony (verbal and written), and technical analyses.

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Packet Pg. 185
Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 3 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43)

11. The General Plan prescribes that “in making land use decisions, the City’s decision makers must consider which land uses will best serve the public interest, while allowing property owners reasonable property use.” (Page LUT-3).

12. The Project Site is located at the Hamilton/Salmar/Highway 17 intersection, which is identified by the Campbell General Plan as a city entry "gateway." Page LUT-28 of the General Plan describes the gateways, as follows:

Gateways and Boundaries are the primary locations where people enter and leave the city.

Gateways provide initial impressions of Campbell and convey a “sense of arrival.” Currently the City is lacking Gateways at its boundaries and to most of its districts and neighborhoods….This General Plan Update encourages Gateways at the city boundaries on major streets and intersections and at entries to special districts, such as Downtown. Gateways should be appealing and distinctive, evoking a positive city or district image. Gateways can be identified through special architecture, landscape, and artwork. Uniform signs for the city’s gateways can also help define the city’s boundaries.

13. The General Plan's vision for entry gateways is effectuated through Goal LUT-6 and its supporting policy and strategies , below. The Proposed Project fails to achieve the objectives established by Goal LUT-6 and its supporting policy and strategies in that an expanded gasoline station, convenience market, and drive -through carwash cannot adequately anchor a gateway intersection with "landmark buildings" with "distinct architectural character" that "face and frame" the intersection . This conflict is notably more significant at the Hamilton/Salmar/Highway 17 Gateway as it is one of the most visually prominent and highly trafficked gateways into the City.

Goal LUT-6: Strong and identifiable City boundaries that provide a sense of arrival into the City and its districts to reinforce Campbell’s quality small town image.

Policy LUT-6.1: Entries to the City and Special Districts: Identify entries to the city and special districts (Downtown, San Tomas Neighborhood, and others) with special features.

Strategy LUT-6.1a: Identification Signs : Install city identification signs including distinctive landscaping and lighting or other markers at community gateways to signify entry.

Strategy LUT-6.1b: Landmark Gateway Buildings : Anchor gateway intersections with landmark buildings that incorporate distinctive architectural character. Orient landmark buildings to face and frame the corners of intersections.

Strategy LUT-6.1c: Gateway Intersections : Develop major gateway intersections such as Highway 17 / Hamilton Avenue and San Tomas Expressway / Winchester Boulevard with signage, lighting and abundant landscaping, using tall trees and under-planting.

14. The Project Site’s prominent location with proximity to CA Highway 17 and Hamilton Light Rail Station supports a higher and better use of land than the Proposed Project which does not maximize the development capacity of the subject property as evidenced by the .16 Floor Area Ratio (FAR) and single-story design where a 0.40 FAR and a 75-foot height limit are specified by the C-2 (General Commercial) Zoning District.

15. Moreover, the vehicle orientation of the Proposed Project conflicts with General Plan policies and strategies pertaining to complementing land use with the regional

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Packet Pg. 186
Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 4 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) transportation system and allowing higher intensity development near light rail, as stated by Policy LUT -1.5 and Strategy LUT -1.5a, and Strategy LUT -1.5d, respectively, and within the Priority Development Areas (PDA) per Strategy LUT -2.11, since the project site is less than ¼ mile from the Hamilton Light Rail Station, and is surrounded by the City's Priority Development Area (PDA).

Policy LUT-1.5: Land Use Planning and the Regional Transportation System : Support land use planning that complements the regional transportation system.

Strategy LUT-1.5a: Transit-Oriented Developments : Encourage transit -oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportat ion resources, such as Light Rail.

Strategy LUT-1.5d: Higher Floor Area Ratios (FARs): Develop provisions for allowing higher FARs in new projects that provide a mix of uses, maintain a jobs/housing balance or are located within proximity to Light Rail.

Strategy LUT-2.11 Public Transit : Coordinate with regional transportation agencies including VTA and the Metropolitan Transportation Commission (MTC) to improve public transportation service and promote public transit as a viable alternative to driving, particularly within the Priority Development Areas (PDA).

16. For the above reasons, the Proposed Project is also in conflict with Plan Bay Area 2050, which encourages local jurisdictions to focus on the development of housing, job centers, and mixed -use developments near transit stations to promote walkability, reduce car dependency, and improve overall transportation efficiency.

17. Notwithstanding inconsistency with the General Plan's gateway and transit -supporting policies, the Proposed Project also fails to satisfy the design expectations established by the General Plan pertaining to Building Placement/Orientation , as described of Page LUT-32, and effectuated by Strategy LUT -9.3d, in that the building would be oriented inwards, with the functional rear of the building facing the Hamilton Avenue frontage.

Major intersections are often the first and most lasting impression of the community. Street intersections create focal points that can enhance or detract from the image of a community. This highly visible position deserves special design consideration. We ll- designed buildings that frame intersections help define a space and reduce the expanse of asphalt. Incorporating prominent entries, windows, design details, and landscape oriented to the intersection creates “a sense of place.” Well - designed and strategically placed buildings can provide a more positive image of the community.

Strategy LUT-9.3d: Building Design : Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian.

18. The Proposed Project also fails to satisfy the design expectations established by the General Plan pertaining to design and materials , as described on Page LUT -32, and effectuated by Policy LUT-9.3 and Strategy LUT-9.3e, in that the proposed use of "thin brick"—a veneer material typically ½" or ¼" thick —would not achieve the tactile depth nor durability of a genuine brick. Consequently, the building would fall short of meeting the design expectations outlined in the General Plan.

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Packet Pg. 187
Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 5 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) New developments, especially “infill” projects (i.e. new development that primarily takes place by remodeling existing buildings or by removing an existing structure to accommodate a new structure), require careful attention to building scale, architectural design, landscaping, and placement and screening of loading areas and mechanical e quipment. With proper encouragement and direction, new development can have a positive affect on surrounding development and enhance the quality of life for residents, employees, and visitors to Campbell.

The General Plan encourages new developments, including major remodels, which are designed to complement existing development. New development and improvements can be compatible with surrounding development if careful attention is paid to scale, materials, colors, building height and form, and design details. Franchise establishments sometimes employ a generic “corporate architecture” that is garish and repetitive. Corporate architecture is more difficult to blend with existing development, does not accommodate other commercial land uses easily and becomes dated quickly.

Therefore, corporate architecture is discouraged. The General Plan encourages high quality building designs that are architecturally attractive and are compatible with or enhance the surrounding development.

Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources.

Strategy LUT-9.3e: Building Materials : Encourage the use of long -lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.

19. General Plan Policy LUT -1.2c directs the City to support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.

Approval of the Proposed Project would be in contradiction to Federal and State policies to reduce gasoline fuel consumption, including Executive Order N-79-20, which directed the California Air Resources Board (CARB) to develop regulations to mandate that 100% of in-state sales of new passenger cars and trucks are zero -emission by 2035 , which was effectuated by CARB "Advanced Clean Cars II" rule adopted in August 2022, which will rapidly accelerate the transition away from gasoline vehicles. Moreover, the purchase of electric vehicles will also be incentivized through new tax credits approved as part of the federal 2022 Inflation Reduction Act.

Policy LUT-1.2c: Regional Vehicle Emissions, Noise and Fuel Consumption Reduction : Support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.

20. Future uses in the vicinity of the Project Site are anticipated to be upper-level residential units (apartments and condominiums) with pedestrian-scale retail, restaurant, and personal-service businesses on the ground-level intended to serve the local community.

21. Rejection of the Proposed Project does not deny the property owner reasonable use of the property as the current service station and convenience store may continue to be operated consistent with the approved Conditional Use Permit (UP 83-06/ PLN2015-22).

22. The Proposed Project was considered by the Planning Commission at its meeting of June 27, 2023, wherein, after closing of the public hearing, adopted Resolution No. 4683, denying the application . A timely Appeal of the Planning Commission's denial w as received on July 7, 2023.

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Packet Pg. 188
Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 6 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) Based upon the foregoing findings of fact pursuant to CMC Section 21.46.040 and Section

21.46.050 and in consideration of the entire administrative record, and in weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause, the City Council further finds and concludes that:

Conditional Use Permit Findings (CMC Sec. 21.46.040):

1. The proposed use is not consistent with the General Plan;

2. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on-site and in the vicinity of the subject property;
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):

3. The project will not be consistent with the general plan;

4. The project will not aid in the harmonious development of the immediate area; Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A):

5. The tree or trees are not diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health or safety requires its removal;

6. The tree or trees have not caused or may imminently cause significant damage to the existing main structure(s) that cannot be controlled or remedied through reasonable modification of the tree's root or branch structure;

7. The tree or trees have not interfered with utility services where such interference cannot be controlled or remedied through reasonable modification/relocation of the utility services and/or reasonable modification of the tree's root or branch structure;

8. The tree(s) is are not crowding other protected tree(s) to the extent that removal is necessary to ensure the long-term viability of adjacent tree(s);

9. The retention of the tree(s) does not restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applican t has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property.

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 7 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's denial with prejudice a Conditional Use Permit with Site and Architectural Review to allow reconstruction of a gasoline service station with an expanded convenience store including off -site alcohol beverage sales, a drive -through carwash, and 24-hour operational hours with associated site, lighting, parking, refuse collection, and landscaping improvements; and a tree removal permit to allow removal of on -site trees, for property located at 570 E. Hamilton Avenue , subject to the prohibition of the same or substantially similar development proposal being submitted within twelve month s pursuant to Campbell Municipal Code Section 21.56.080.

PASSED AND ADOPTED this _______ day of ________________, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Anne Bybee, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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/64/14

14.b
Packet Pg. 198
Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.) /0/1/2/3
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14.b
Packet Pg. 199
Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.) /0/1/2/3
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14.b
Packet Pg. 200
Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.) /0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0
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Written Project Description for:

Shell Gas Station, Convenience Store
570 E. Hamilton Avenue

Campbell, CA

On behalf of our Client A U Energy, LLC., we are submitting thi s written description for the reconstruction of the Shell gas station at the above referenced site. The project scope of work consists of removing all structures on site and installing a ne w 2,387 sf. convenience store and a 959 sf. self-service drive-through carwash tunnel w/ attached 267 sf. equipment room and 267 sf. storage. The proposed gas stati on includes a fuel canopy with ( 4) multi product fuel dispensers and (2) 20K gallon underground st orage tanks. The site improvem ents include: parking stalls, accessible path of travel to the right-of-way, masonry trash enclosure, site lighting, landscaping & self-service air/water & vacuum units. The following are items to be considered in this project:
 ITEMS TO BE SOLD AT THIS FACILITY: The gas station will sell gasoline, the convenience store will sell pre-packaged food items, sundry items, some aut omobile accessories (i.e.- air fresheners, cell phone accessorie s, anti-freeze, motor oil, etc .) self-service beverages, fresh and/or pre-packaged pastries & can and/or bottles of soda, wate r, sports/energy drinks and alcoholic beverages (Beer & Wi ne). The carwash will provide se lf-service, drive-through carwashes. There will be NO carwash employees on duty.  EMPLOYEE: There will be (4) full time emp loyees per shift, (1) manager and (1) assistant manager. There will be (3) shifts per day. Total employee is (14) full time employees five days a week and (12) part-time employees two days a week.  HOURS OF OPERATION: The current hours of operation of the gas station and snack s hop are: 24 hrs. / day, 7 days a week, 365 days per year and will r emain the same. The carwash hours of operation will be: 24 hrs. / day, 7 days a week, 365 days per year  FUEL DELIVERY: The fuel delivery truck will make deliveries 7 times / week.  RECYCLED CARWASH WATER: Prior to discharge to the public sewer system, the used carwash water runs through (2) types of treatment tanks the fir st tank is the sand/oil separator. This tank includes (2) compartments. The sand oil separator intercepts the sand in the first compartment and the oil in the second compartment. The access water then leaves the san /oil separator tank to the clarifier tank. The clarifier tank consists of (3) compartments to clear the water for the reuse by the carwash eq uipment. The percentage of the recycled water to be re-used in the carwash will be controlled by the reclaim system.  SITE LIGHTING: The exterior lighting levels will be enough to ensure the saf ety of the facility, but to not provide glare or excessive light spillage onto adjacent properties or the public right-of-way
 REDUCE REAR SETBACK: Per CMC section 21.10.050.E., Table 2-10, we are requesting a reduction in the rear setback along the south property line f or the following reasons: A) To accommodate a carwash tunnel with a separate carwash equipment room, we need to reduce the rear setback to 5 ft. Please note that the project p rovides 14% landscape area. the landscape area provided is grater that the required landsca pe area which is 10%. B) Moving the carwash building north to accommodate the 10 ft. set back will impact the fuel canopy circulation and the fuel delivery truck path. C) Moving the carwash building north to accommodate the 10 ft. set back will push the proposed driveway on Salmar Ave. closer to the street intersection. D) Movi ng the carwash building north t o accommodate the 10 ft. set back will reduce the carwash stacking lane length.
 REDUCE THE FRONTAGE PLANTER: We are requesting to reduce the frontage planter on Salmar Ave., to 6 ft. & 5ft. The reason for this request is as f o l l o w : A ) T o a l l o w t h e f u e l canopy to have a passing lane adjacent to the fueling line on S almar Ave. frontage. B) Muthana Ibrahim
Architect
President

Telephone :
(925) 287-1174

Facsimile:
(925) 943-1581

Cell:
(925) 878-9875

Email:
[email protected]

Website:
www.miarchitect.com
M I A r c h i t e c t s, I n c. A C a l i f o r n i a C o r p o r a t i o n A R C H I T E C T U R E . P L A N N I N G . M A N A G E M E N T . D E S I G N 2 2 2 1 O L Y M P I C B L V D. , S U I T E 100 , W A L N U T C R E E K , C A L I F O R N I A 9 4 5 9 5

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