Agenda, regular meeting — Campbell City Council, October 1, 2024 (part 1 of 2)

City Council Agenda
City of Campbell, 70 N. First St., Campbell, California NOTE: 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 (Xfinity) or Channel 88 (Direct TV), 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] until 3:00p.m. 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, October 1, 2024 7:00 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation in Honor of the 25Th Anniversary of the Kaiser Permanente Campbell Facility
Recommended Action: That the City Council authorize the Mayor to recognize the 25th Anniversary of the Kaiser Permanente Campbell Facility.

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.

2. Minutes of City Council Special Meeting of August 29, 2024 Recommended Action: Approve the special meeting minutes of August 29, 2024.

3. Minutes of City Council Regular Meeting of September 17, 2024 Recommended Action: Approve the regular meeting minutes of September 17, 2024.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $926,886.39.

5. Monthly Investment Transactions Report (August 2024) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for August 2024.

6. Approval of Plans and Specifications, Authorization to Solicit Bids, Approve and Award Contract, and Other Associated Actions for the John D. Morgan Park Parking Lots (23-DD) (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving the Plans and Specifications for the John D. Morgan Park Parking Lot Improvements (23-DD), 2) authorizing the solicitation of bids; 3) approving and awarding the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $142,000, plus a 10% contingency of $14,200; 4) authorizing the City Manager to execute said contract as specified in Campbell Municipal Code Section 3.20.100; and 5) authorizing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; 6) authorizing the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities; and 7) authorizing the Finance Director to perform associated budget adjustments.

7. Resolution Authorizing the Execution of a Purchase Order with Terex Financial Services, in the Amount $34,410, for the Procurement of One (1) Ford F-650 Chassis (Truck) Equipped with an LT -40 Aerial Lift Device from Terex Utilities, by the Way of the City’s Membership with Sourcewell (A Cooperative Purchasing Firm) and the Bidding Exemptions Specified in Campbell Municipal Code Section 3.20.30(6), as Programmed in the Approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and Approving the Issuance of Subsequent Purchase Orders for Five (5) Additional Years, in the Total Amount of $344,110, for Their Associated Leasing Costs Over a Five -Year Term (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) authorizing the execution of a purchase order with Terex Financial Services, in the amount of $34,410, for the procurement of one (1) Ford F-650 chassis (truck) equipped with an LT -40 Aerial Lift Device from Terex Utilities, by the way of the City’s membership with Sourcewell (a cooperative purchasing firm) under the bidding exemptions specified in Campbell Municipal Code Section 3.20.30(6), as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25; and 2) approving the issuance of subsequent purchase orders for five (5) additional years, in the total amount of $344,110, for their associated leasing costs over a five-year term.

8. Contract Crossing Guard Services to All City Management Services (ACMS) (Resolution Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving a 1 - year agreement with All City Management Services Inc. for Crossing Guard Services in a total amount not -to-exceed $248,006 for Fiscal Year 2024 -25, determining that it is in the best interest of the public to dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(8), and authorize the City Manager to enter into a 1 -year agreement with All City Management Services Inc. for Crossing Guard Services.

9. Approving the Acceptance of $496,000 Award from the Sustainable Transportation Planning Grant Program; Corresponding Budget Adjustments; the Issuance of a Request for Proposals (RFP) for the Development of the Campbell Multimodal Transportation Plan; and Authorizing the City Manager to Execute, Amend, and Approve All Restricted Grant Agreements Thereto Within the California Department of Transportation (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to approve a grant award for the Sustainable Transportation Planning Grant application, subsequent budget adjustment, the issuance of a Request for Proposals (RFP) for the development of a multimodal plan, approve a Restricted Grant Agreement with the California Department of Transportation and authorize the City Manager to execute and amend said agreement.

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.

10. Public Hearing to Consider an Appeal of the Public Works Department’s Denial of an Encroachment Permit (ENG -2024-186) to Allow the Construction / Legalization of a Five -Foot, Three-Inch Tall (5’3”) Fence and Locking Gates Within the Public Right -Of-Way on Property Located at 411 Carlyn Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution denying the appeal and upholding the Public Works Department’s denial of an Encroachment Permit (ENG -2024-186) to allow the construction / legalization of a five -foot, three-inch tall (5’3”) fence and locking gates within the public right -of-way on property located at 411 Carlyn Avenue.

11. Updates to Campbell Municipal Code 3.20 - City Manager Award Threshold, Formal Bidding Requirements, and Pass -Through Consultant Agreements (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce and hold a first reading of an Ordinance amending Section 3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, modify current formal solicitation bidding requirements, keep language consistent with the California Public Contracts Code, add language surrounding pass -through consultant contracts, and add clarifying language on threshold limits.

NEW BUSINESS

UNFINISHED BUSINESS

COUNCIL COMMITTEE REPORTS

12. 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
Report
TITLE: Proclamation in Honor of the 25Th Anniversary of the Kaiser Permanente Campbell Facility

RECOMMENDED ACTION
That the City Council authorize the Mayor to recognize the 25th Anniversary of the Kaiser Permanente Campbell Facility.

BACKGROUND
Kaiser Permanente was founded in 1945 by industrialist Henry J. Kaiser and physician Sidney Garfield. Serving the community for several decades, Kaiser Permanente opened the Campbell location in 1999.

DISCUSSION
The Campbell location was opened to meet the large population’s need for integrated and comprehensive health care. Covering a wide range of services and specialties, the Campbell location includes departments of Medicine, Ob/Gyn, Pediatrics, Minor Injury, Pharmacy, Lab, Radiology and Mental Health Services.

This facility has shown a patient -centered care approach and community engagement.

This includes the generous sponsorships for the Campbell Summer Concert Series, Get Fit Campbell, and Life Care Planning with the Campbell Adult Center to name a few.

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

Prepared by:

Kristen Epolite, Deputy City Clerk
Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: October 1, 2024
1 Packet Pg. 5
Proclamation 25Th Anniversary of the Kaiser Permanente Campbell Facility Page 2 of 2 Reviewed by:

Andrea Sanders, City Clerk
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Proclamation - Kaiser Permanente 25th Anniversary
1 Packet Pg. 6

PROCLAMATION

OF THE MAYOR OF THE CITY OF CAMPBELL
WHEREAS, Kaiser Permanente Campbell has been a cornerstone of healthcare in the Campbell community, providing essential medical services and compassionate care to its residents; and
WHEREAS, the staff and healthcare professionals at Kaiser Permanente Campbell have consistently demonstrated their commitment to improving the health and well-being of the community through innovative treatments, preventive care, and patient education; and
WHEREAS, Kaiser Permanente Campbell Medical Offices opened in October 1999, pioneering a new template for outpatient office design with standardized sizes for exam rooms and provider offices, and creating a vision statement around expectations for excellent customer service prior to staff being hired ; and WHEREAS, the original building at 220 Hacienda Avenue includes departments of Medicine, Ob/Gyn, Pediatrics, and Minor Injury, as well as Pharmacy, Lab, and Radiology, and the second building, housing the Mental Health Services Department, opened at 200 Hacienda in October 2003 ; and WHEREAS, over the past 25 years, this facility has played a pivotal role in promoting preventative care, expanding access to crucial health services, and fostering an environment where patients and their families are empowered to make informed decisions about their health and well -being; and WHEREAS, the 25th anniversary of Kaiser Permanente Campbell marks a significant milestone in its ongoing mission to deliver high -quality healthcare and support the health needs of the Campbell community .

NOW, THEREFORE, BE IT RESOLVED that I, Susan M. Landry, Mayor of the City of Campbell, recognize and celebrate the 25th anniversary of the Kaiser Permanente Campbell Facility. We honor the tireless efforts of the medical professionals, staff, and administrators who have dedicated themselves to the facility’s mission of delivering excellent healthcare.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 1st day of October, 2024.

Susan M. Landry, Mayor
City of Campbell, California

1.a
Packet Pg. 7
Attachment: Proclamation - Kaiser Permanente 25th Anniversary (Proclamation 25Th Anniversary of the Kaiser Permanente Campbell Facility)

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

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Thursday, August 29, 2024 – 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.

Pursuant to Government Code § 54953 (f)(2) Mayor Landry stated that Vice Mayor Lopez had requested to participate remotely as the result of a contagious illness.

Vice Mayor Lopez disclosed publicly that there were no individuals 18 years or older present in the room.

M/S: Furtado/Bybee - to approve the request of Vice Mayor Lopez to participate in the meeting remotely due to emergency circumstances.

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

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

PUBLIC COMMENT
There was no public Comment

NEW BUSINESS
2 Packet Pg. 8
Minutes Acceptance: Minutes of Aug 29, 2024 6:00 PM (CONSENT CALENDAR) Minutes of August 29, 2024 City Council Meeting Page 2

1. Planning Commissioner Interviews
Recommended Action: That the City Council conduct interviews and appoint two applicants to serve on the Planning Commission for a full four -year term expiring August, 2028.

The City Council conducted interviews with the following applicants: Adam Buchbinder and Alan Zisser. 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.

M/S: Bybee/Furtado – That City Council reappoint Alan Zisser to the Planning Commission for a full four -year term expiring August, 2028. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Furtado
AYES: Landry, Lopez, Furtado, Bybee
M/S: Bybee/Furtado – That City Council reappoint Adam Buchbinder to the Planning Commission for a full four -year term expiring August, 2028. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4-1]
MOVER: Bybee
SECONDER: Furtado
AYES: Lopez, Furtado, Bybee
NOES: Landry

ADJOURN
Mayor Landry adjourned the meeting at 6:53 PM.

APPROVED:

ATTEST:

Susan M. Landry, Mayor
Kristen Epolite, Deputy City Clerk
2 Packet Pg. 9
Minutes Acceptance: Minutes of Aug 29, 2024 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, September 17, 2024 7:00 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
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by new employees Chris Miranda and Austin Arabia.

Mayor Landry welcomed Unhoused Specialist Chris Mirans and Permit Tech Austin Arabia to the City and presented them with Certificates of Appreciation for leading the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.

COMMUNICATIONS AND PETITIONS
There are no communications and petitions.

ORAL REQUESTS
3 Packet Pg. 10
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 2 Joseph Rauch, Campbell resident expressed concerns with the homeless in Campbell.

Lila Lam spoke in support of a Gaza ceasefire resolution.

Ehsaneh S., Campbell resident, spoke in support of a Gaza ceasefire resolution.

Anna Maria White, spoke in support of a Gaza ceasefire resolution.

Neil Kliebenstein, Campbell resident, spoke in support of a Gaza Ceasefire resolution.

COUNCIL ANNOUNCEMENTS
September is suicide prevention month. It’s a time to raise awareness of this urgently important crisis. All month, mental health advocates, prevention organizations, survivors, allies, and community members unite to promote suicide prevention awareness. It’s a time to shift public perception, spread hope and share vital information. Whether you’re facing mental health struggles, emotional distress, alcohol or drug use concerns, or just need someone to talk to, call 988, you are not alone. #BeThe1To is the 988 Suicide & Crisis Lifeline’s message for National Suicide Prevention Month and beyond.

Your vote counts! Legislation has passed providing local funding expansion to cities like ours. The legislation that the City of Campbell sought has cleared the State Legislature and is now headed to the Governor for signature. The City of Campbell encourages all eligible residents to participate in our upcoming November 5 th Municipal Election where two City Councilmembers can be selected and a decision rendered on whether to adopt Measure K, the City’s Local Funding and Community Services measure.

Please join me on Wednesday, September 18 for the annual State of the City Address.

I will discuss the current State of the City, recent accomplishments, Measure O updates and the City’s sustainability efforts. The State of the City address will be held at the Orchard City Banquet Hall Doors open at 6:30pm with the event beginning promptly at 7:00pm. Please RSVP to [email protected].

The 14 th Annual Caregivers Count! Conference. The Caregivers Count Conference offers a comprehensive educational series designed to support family caregivers. The 2024 conference will feature two virtual sessions from 10 :00am to 12 :00pm on September 21 and 28, and one in person session on October 5 at the Campbell Community Center. Topics are: creating a safe home for your loved one, end of life support, navigating trauma and self -care and resiliency. All sessions are free by pre - registering at caregiverscount.net.

The Friends of the Campbell library is having a fundraiser at the Campbell Chipotle tomorrow, Wednesday, September 18 at 4:00pm. 25% of event sales get donated to the Campbell Library. Order online at chipotle.com and use code LJYDJD2. 3 Packet Pg. 11
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 3

CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.

Item six was removed from Consent.

The Consent Calendar was considered as follows:

1. Minutes of City Council Executive Session Meeting of September 3, 2024 Recommended Action: Approve the executive meeting minutes of September 3, 2024.

This action approves the executive session meeting minutes of September 3, 2024.

2. Minutes of City Council Regular Meeting of September 3, 2024 Recommended Action : Approve the regular meeting minutes of September 3, 2024.

This action approves the regular meeting minutes of September 3, 2024.

3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $4,386,585.71.

This action approves the bills and claims in the amount of $4,386,585.71 as follows: bills and claims checks dated August 19, 2024, in the amount of $2,475,209.46; bills and claims checks dated August 26, 2024, in the amount of $1,814,411.37; payroll checks dated August 29, 2024, in the amount of $30,949.99; and bills and claims checks dated August 30, 2024, in the amount of $66,014.89.

4. Approval of Tract Map No. 10635 Including Acceptance of Street Dedication and Public Service Easements Shown on Said Map – 44 & 56 Sunnyside Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Tract Map for Tract No. 10635 and accept the street dedication and public service easements offered for dedication as shown on the map for the property located at 44 & 56 Sunnyside Avenue.

Resolution 13027 approves the Tract Map for Tract No. 10635 and accepts the street dedication and public service easements offered for dedication as shown on the map for the property located at 44 & 56 Sunnyside Avenue.

5. Resolution Authorizing the Solicitation of Bids for the City Facilities Roof Replacement Project (No. 24 -TT), and Approving the Subsequent Award of Contract to the Lowest, Responsive Bidder, in an Amount Not to Exceed $335,000, Plus a 12% Construction Contingency of $40,000; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100, and the Public Works Director to Execute Contract Change Orders Up to and Within the Allocated Construction Contingency Amount
3 Packet Pg. 12
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 4 Recommended Action: That the City Council adopt a resolution: (1) approving the plans and specifications, and authorizing the solicitation of bids, for the City Facilities Roof Replacement Project (No. 24 -TT) and its implementation during FY 2025 as programmed in the City's Capital Improvement Program; (2) approving the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $335,000, plus a 12% construction contingency of $40,000; (3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and (4) authorizing the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.

Resolution 13028 (1) approves the plans and specifications, and authorizes the solicitation of bids, for the City Facilities Roof Replacement Project (No. 24 -TT) and its implementation during FY 2025 as programmed in the City's Capital Improvement Program; (2) approves the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $335,000, plus a 12% construction contingency of $40,000; (3) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section

3.20.100; and (4) authorizes the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount, including the desk item.

M/S: Bybee/Furtado – That the City Council approve the Consent Calendar with the exception of Item six. The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM CONSENT

6. Commending John Burchfiel for More Than Seven Years of Service with the City of Campbell Upon His Retirement (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the attached resolution commending John Burchfiel for more than seven years of outstanding service to the City of Campbell.

City Councilmembers individually congratulated John Burchfiel upon his retirement, thanked him for his service and expressed appreciation for the excellent work performed over the years.

Public Works Director Capurso spoke about Mr. Burchfiel’s distinguished career and expressed gratitude for his efforts.
3 Packet Pg. 13
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 5 John Burchfiel thanked the City Council and staff for their well wishes and kind words. He spoke of his time in Campbell and how much he enjoyed his job. Mr.

Burchfiel introduced family members that were in attendance.

M/S: Bybee/Furtado – That the City Council adopt Resolution 13029 commending John Burchfiel for more than seven years of outstanding service to the City of Campbell. The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

7. Public Hearing to Consider the Request of Glenn Kinsey for a Historic Rescission to Remove a Structure of Merit from the Historic Resource Inventory (HRI) Commonly Known as the Emile and May Fritz House, on Property Located at 67 Sunnyside Avenue. Staff is Recommending that This Project be Deemed Categorically Exempt Under CEQA. File Number PLN-2023-170. (Resolution/Roll Call Vote)
Recommended Action: Adopt a Resolution approving the request of Glenn Kinsey to remove a structure of merit from the Historic Resource Inventory (HRI) commonly known as the Emile and May Fritz house, on property located at 67 Sunnyside Avenue and finding the project categorically exempt under Section 15061(B)(3) of the California Environmental Quality Act. File No.: PLN-2023-170.

Mayor Landry asked if any Councilmembers had any disclosures to make.

Councilmember Furtado stated he will be recusing from this item as he owns property within 300 feet of the applicant’s property.

Councilmember Furtado left the Council Chambers.

Now is the time and place for a public hearing to consider the request of Glenn Kinsey to remove a structure of merit from the Historic Resource Inventory (HRI) commonly known as the Emile and May Fritz house, on property located at 67 Sunnyside Avenue.

Assistant Planer Lomen presented a staff report dated September 17, 2024.

Following Council questions, Mayor Landry opened the public hearing and asked the applicant to provide comments.

Mr. Glen Kinsey requested his property be removed from the Historic Resource Inventory. (HRI) He stated, following two separate historic evaluations of the 3 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 6 home, it was determined by the historic consultants that the property does not meet the criteria to remain on the list.

Mayor Landry asked if anyone from the public wished to speak.

Laura Moore, Campbell resident, a long time preservationist and member of the Historic Preservation Board, requested the home remain on the HRI in order to continue to preserve the less than 1% of historic homes in Campbell.

Seeing no one else wishing to speak, Mayor Landry closed the public hearing.

The City Council discussed the item and had general consensus to rescind the home from the HRI.

M/S: Lopez/Bybee – That the City Council a dopt Resolution 13030 approving the request of Glenn Kinsey to remove a structure of merit from the Historic Resource Inventory (HRI) commonly known as the Emile and May Fritz house, on property located at 67 Sunnyside Avenue and finding the project categorically exempt under Section 15061(B)(3) of the California Environmental Quality Act. File No.: PLN-2023-170, including the desk item.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Bybee
RECUSED: Furtado
Councilmember Furtado returned to the Council Chambers.

NEW BUSINESS

8. Approval of the Fiscal Year (FY) 2024-25 City of Campbell Investment Policy Update (Resolution/Roll Call Vote)
Recommended Action: It is recommended that the City Council adopt a Resolution approving the annual update to the City’s Investment Policy for FY 2024-25.

Finance Will Fuentes introduced the item and consultants from Chandler Asset Management, Neil Murthy and Aaron Nail.

The consultants and Finance Director Fuentes presented a staff report dated September 17, 2024.

Finance Subcommittee members Councilmember Bybee and Vice Mayor Lopez commented on the proposed Investment Policy. Councilmember Bybee noted an amendment needing to be made to the Conflict of Interest Code to add certain 3 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 7 positions to be added as designated filers which will be brought before the Council in the future.

Vice Mayor Lopez spoke to having requested various terms such as “may not” “shall not” and “does not” be clarified or made consistent throughout the document to be consistent to avoid any legal confusion moving forward.

City Manager Loventhal confirmed those terms were reviewed by staff and it was confirmed that those instances in their context as presented were clear.

Mayor Landry asked if anyone from the public wished to speak. There was no one wishing to speak.

After discussion, M/S: Lopez/Bybee - That the City Council adopt Resolution 13031 approving the annual update to the City’s Investment Policy for FY 2024-25. The motion was adopted by the following roll call vote:

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

UNFINISHED BUSINESS

9. CAAP GHG Emissions Inventory Results
Recommended Action: That the City Council receive the report and provide initial feedback concerning the GHG Emissions Inventory, Forecast, and Emissions Reduction Targets as part of the Climate Action and Adaptation Plan.

Environmental Program Specialist presented a staff report dated September 17, 2024. She introduced consultants Ryan Gardner and Camila Bobroff.

Following Council questions, Mayor Landry asked if anyone from the public wished to speak.

Ulka Agarwal, Campbell resident and member of the CAAP Advisory Committee spoke about food emissions contributing to greenhouse gas emissions and requested that food emissions be included in the Cit’s CAAP.

The City Council expressed their appreciation for staff’s presentation and expressed their support for the Climate Action and Adaptation Plan.

COUNCIL COMMITTEE REPORTS

10. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
3 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) Minutes of September 17, 2024 City Council Meeting Page 8 Councilmember Bybee attended the West Valley College 60 th Anniversary Gala; the Koa Strong Kindness Rock Garden unveiling; the Santa Clara County Library Storytime Walk at Jack Fisher Park; and announced the Cities Association of Holiday Party will be held December 19.

Vice Mayor Lopez attended the Santa Clara Vally Transportation Authority (VTA) Board of Directors meeting; and spoke of an upcoming League of Cities Peninsula Division event on September 25 to discuss Sea Level Rise.

Councilmember Furtado spoke on the West Valley Solid Waste Authority JPA; the West Valley Sanitation District; the West Valley Clean Water JPA; and the West Valley Stormwater Authority.

Councilmember Scozzola attended the West Valley College 60 th Anniversary Gala.

Mayor Landry attended the Santa Clara County Library Storytime Walk at Jack Fisher Park; the Recreation and Community Services Department Parks Master Plan community workshop at the Community Center; the Koa Strong Kindness Rock Garden unveiling, the Friends of Murdered Children candlelight vigil with Police Chief Berg; and a Downtown Campbell Business Association meeting.

ADJOURN
Mayor Landry adjourned the meeting at 8:56 PM.

APPROVED:

ATTEST:

Susan M. Landry, Mayor
Andrea Sanders, City Clerk
3 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 17, 2024 7:00 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $926,886.39

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 September 02, 2024 $536,789.83
Bills & Claims September 09, 2024 $390,096.56
Total $926,886.39

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
Reviewed by:

Norite Vong, Assistant Finance Director
Item: 4
Category: CONSENT CALENDAR
Meeting Date: October 1, 2024
4 Packet Pg. 18
Approving Bills and Claims Page 2 of 2
Approved by:

Brian Loventhal, City Manager
4 Packet Pg. 19
City
Council
Report
TITLE: Monthly Investment Transactions Report (August 2024)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for August 2024.

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 August 2024. As shown in Attachment A, staff made $6.3 million in withdrawals along with $4.0 million in deposits into the City’s main Local Agency Investment Fund (LAIF) account to manage operating cash flow and transfers to BNY. $2.4 million was withdrawn from the M easure O 2020 bond account to cover July’s project expenditures. The monthly LAIF investment rate rose again to 4.5 79%. Within the City’s BNY custodial account, a $1.0 million agency bond and $1.0 million in Corporate bonds matured and were swept back into the account’s money market fund along with an additional $1.0 million deposited from our Operating cash account for investing. $1.2 million in Corporate bonds and $4.4 million in US Treasury bonds were purchased this month and $54,000 in interest and dividends were posted into the account. Consistent with the recommended FY 2024-25 Investment Strategy approved by the City Council on September 17, 2024 staff and its investment advisors continue 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
Item: 5
Category: CONSENT CALENDAR
Meeting Date: October 1, 2024
5 Packet Pg. 20
Monthly Investment Transactions Report (August 2024) Page 2 of 2 There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.

Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-8.31.24
b. Chandler Monthly Account Statement report (BNY)-8.31.24 5 Packet Pg. 21

CITY OF CAMPBELL
Monthly Investment Transactions Report
August 1 to August 31, 2024
Account Trans. Date August 2024
LAIF - ******133, Main account
Average Monthly Yield 4.579%
Beginning Balance 28,321,196$
Transactions
Withdrawal 8/12/2024 (500,000)
Withdrawal 8/14/2024 (800,000)
Deposit 8/15/2024 1,900,000
Deposit 8/19/2024 2,100,000
Withdrawal 8/23/2024 (5,000,000)
Monthly Total (2,300,000)
Ending Balance 26,021,196$
Account Trans. Date August 2024
LAIF - ******031, MEAS O, Series 2020
Average Monthly Yield 4.579%
Beginning Balance 4,654,524$
Transactions
Principal drawdown- MEAS O June catch-up/July expenditures (2,401,000) Monthly Total (2,401,000)
Ending Balance 2,253,524
Account Trans. Date August 2024
LAIF - ******032, MEAS O, Series 2022
Average Monthly Yield 4.579%
Beginning Balance 31,822,748$
Transactions -
Ending Balance 31,822,748$
Account*** Trans. Date August 2024
Bank of New York (BNY) - ******818
Beginning Balance 19,022,035$
****see Chandler Monthly Account Statement report for transaction detail*** Maturities (2,000,000)$
MM cash deposit 1,000,000$
Purchases- Corporate bonds 1,221,821$
Purchases- US Treasury bonds 4,426,609$
MM sweep/purchases (4,000,000)$
Interest and dividends 53,832$
MM sweep/pending transactions 293,834$
996,096$
Ending Balance 20,018,131$
Total of all Investments
Beginning 83,820,504$
Ending 80,115,600$

5.a
Packet Pg. 22
Attachment: Monthly Investment Activity Report-8.31.24 (Monthly Investment Transactions Report (August 2024))

MONTHLY ACCOUNT STATEMENT
City of Campbell | Account #11214 | As of August 31, 2024 CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.

Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:

Bank of New York Mellon

PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Average Modified Duration 1.34
Average Coupon 3.14%
Average Purchase YTM 2.89%
Average Market YTM 4.64%
Average Quality AAA
Average Final Maturity 1.46
Average Life 1.36
Beg. Values as of
08/01/2024
End Values as of
08/31/2024
Market Value 18,783,494.35 19,859,796.92
Accrued Interest 68,343.96 103,873.62
Total Market Value 18,851,838.31 19,963,670.54
Income Earned 32,988.94 30,935.90
Cont/WD 1,923,550.00 1,000,000.00
Par 19,023,041.45 19,974,153.36
Book Value 19,023,000.04 20,036,852.22
Cost Value 19,022,901.45 20,037,443.45
Federal Home Loan Banks 49.52%
United States 22.32%
Farm Credit System 14.99%
Dreyfus Government Cash Management Fund 6.90%
Eli Lilly and Company 1.19%
Deere & Company 1.16%
The Home Depot, Inc. 1.15%
Toyota Motor Corporation 1.14%
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P , Moody’s’ and Fitch

RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Book Value 19,023,000.04 16,999,954.62
Maturities/Calls (2,000,000.00) (4,000,000.00)
Principal Paydowns 0.00 0.00
Purchases 8,702,262.28 12,724,437.28
Sales (5,706,166.21) (5,706,166.21)
Change in Cash, Payables, Receivables 18,445.93 19,312.38 Amortization/Accretion (689.82) (685.85)
Realized Gain (Loss) 0.00 0.00
Ending Book Value 20,036,852.22 20,036,852.22
Month to Date Fiscal Year to Date
(07/01/2024)
Beginning Market Value 18,783,494.35 16,694,837.18
Maturities/Calls (2,000,000.00) (4,000,000.00)
Principal Paydowns 0.00 0.00
Purchases 8,702,262.28 12,724,437.28
Sales (5,706,166.21) (5,706,166.21)
Change in Cash, Payables, Receivables 18,445.93 19,312.38 Amortization/Accretion (689.82) (685.85)
Change in Net Unrealized Gain (Loss) 62,450.40 128,062.14 Realized Gain (Loss) 0.00 0.00
Ending Market Value 19,859,796.92 19,859,796.92
Maturities / Calls
Month to Date (2,000,000.00)
Fiscal Year to Date (4,000,000.00)
Principal Paydowns
Month to Date 0.00
Fiscal Year to Date 0.00
Purchases
Month to Date 8,702,262.28
Fiscal Year to Date 12,724,437.28
Sales
Month to Date (5,706,166.21)
Fiscal Year to Date (5,706,166.21)
Interest Received
Month to Date 53,832.19
Fiscal Year to Date 152,457.19
Purchased / Sold Interest
Month to Date (57,736.12)
Fiscal Year to Date (57,736.12)

HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
AGENCY
3130APPG4 FEDERAL HOME LOAN BANKS

1.35 11/18/2024 1,000,000.00 11/18/2021

1.01%
1,000,000.00
1,000,000.00

99.19 5.25%
991,913.36
3,862.50

4.99%
(8,086.64)
Aaa/AA+
AA+

0.22 0.21
3130ALR97 FEDERAL HOME LOAN BANKS

0.625 12/30/2024 1,000,000.00 03/30/2021

0.63%
1,000,000.00
1,000,000.00

98.58 5.10%
985,753.00
2,621.53

4.96%
(14,247.00)
Aaa/AA+
AA+

0.33 0.32
3130AN5H9 FEDERAL HOME LOAN BANKS 0.7
01/22/2025 1,000,000.00 07/21/2021

0.70%
1,000,000.00
1,000,000.00

98.20 5.44%
982,040.71
758.33

4.94%
(17,959.29)
Aaa/AA+
AA+

0.39 0.38
3130ASQP7 FEDERAL HOME LOAN BANKS

3.625 01/28/2025 1,000,000.00 07/28/2022

3.62%
1,000,000.00
1,000,000.00

99.44 5.03%
994,393.31
3,322.92

5.01%
(5,606.69)
Aaa/AA+
AA+

0.41 0.39
3130AQY49 FEDERAL HOME LOAN BANKS 2.0
02/27/2025 1,000,000.00 02/28/2022

2.00%
1,000,000.00
1,000,000.00

98.60 4.97%
985,960.68
222.22

4.96%
(14,039.32)
Aaa/AA+
AA+

0.49 0.47
3130AQYM9 FEDERAL HOME LOAN BANKS 5.0
02/28/2025 1,000,000.00 02/28/2022

2.20%
1,000,000.00
1,000,000.00

99.90 5.20%
999,049.41
416.67

5.03%
(950.59)
Aaa/AA+
AA+

0.50 0.47
3130ANUR9 FEDERAL HOME LOAN BANKS

0.65 03/21/2025 1,000,000.00 09/21/2021

0.65%
1,000,000.00
1,000,000.00

97.76 4.83%
977,578.24
2,888.89

4.92%
(22,421.76)
Aaa/AA+
AA+

0.55 0.54
3133ENZG8

FEDERAL FARM CREDIT
BANKS FUNDING CORP 3.375
06/20/2025
1,000,000.00 06/23/2022

3.38%
999,860.00
999,962.56

99.11 4.51%
991,133.17
6,656.25

4.99%
(8,829.39)
Aaa/AA+
AA+

0.80 0.77
3130ASLD9 FEDERAL HOME LOAN BANKS

3.65 07/21/2025 1,000,000.00 07/21/2022

3.65%
1,000,000.00
1,000,000.00

99.12 4.68%
991,167.60
4,055.56

4.99%
(8,832.40)
Aaa/AA+
AA+

0.89 0.85
3130APFH3 FEDERAL HOME LOAN BANKS

0.81 07/29/2025 1,000,000.00 10/29/2021

0.81%
1,000,000.00
1,000,000.00

96.58 4.71%
965,798.99
720.00

4.86%
(34,201.01)
Aaa/AA+
AA+

0.91 0.88
3130ANVB3 FEDERAL HOME LOAN BANKS 0.8
09/17/2025 1,000,000.00 09/17/2021

0.80%
1,000,000.00
1,000,000.00

96.09 4.70%
960,864.02
3,644.44

4.84%
(39,135.98)
Aaa/AA+
AA+

1.05 1.01
3133ENZC7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.12 06/22/2026 1,000,000.00 06/22/2022

4.12%
1,000,000.00
1,000,000.00

99.41 4.46%
994,145.24
7,896.67

5.01%
(5,854.76)
Aaa/AA+
AA+

1.81 1.70
3133ENZY9 FEDERAL FARM CREDIT BANKS
FUNDING CORP 3.96 07/12/2027 1,000,000.00 07/12/2022

3.96%
1,000,000.00
1,000,000.00

99.18 4.27%
991,805.36
5,390.00

4.99%
(8,194.64)
Aaa/AA+
AA+

2.86 2.66
Total Agency 13,000,000.00 2.13%
12,999,860.00
12,999,962.56

98.56 4.86%
12,811,603.09
42,455.97

64.51%
(188,359.47)
Aaa/AA+
AA+

0.86 0.82
CASH
CCYUSD Receivable 19,312.38 --

0.00%
19,312.38
19,312.38

1.00 0.00%
19,312.38

0.00 0.10%

0.00 Aaa/AAA
AAA

0.00 0.00
Total CASH 19,312.38 0.00%
19,312.38
19,312.38

1.00 0.00%
19,312.38

0.00 0.10%

0.00 Aaa/AAA
AAA

0.00 0.00

HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration

CORPORATE
437076DB5 HOME DEPOT INC 4.875
06/25/2027 225,000.00 08/12/2024

4.25%
228,663.00
228,594.43
101.93

4.14%
229,352.39
2,010.94

1.15%
757.96
A2/A
A

2.82 2.51
46647PDG8 JPMORGAN CHASE & CO 4.851
07/25/2028 150,000.00 08/12/2024

4.62%
150,933.00
150,916.53
100.90

5.19%
151,348.25
727.65

0.76%
431.72
A1/A-
AA-

3.90 2.66
06051GLG2 BANK OF AMERICA CORP 5.202
04/25/2029 150,000.00 08/12/2024

4.69%
152,550.00
152,514.14
102.15

5.03%
153,231.25
2,731.05

0.77%
717.11
A1/A-
AA-

4.65 3.24
24422EXT1 JOHN DEERE CAPITAL CORP 4.85
06/11/2029 225,000.00 08/12/2024

4.40%
229,338.00
229,291.25
102.39

4.29%
230,380.31
2,425.00

1.16%
1,089.07
A1/A
A+

4.78 4.19
89236TMK8 TOYOTA MOTOR CREDIT CORP

4.55 08/09/2029 225,000.00 08/12/2024

4.49%
225,567.00
225,561.09
100.84

4.36%
226,891.99
625.63

1.14%
1,330.90
A1/A+
A+

4.94 4.37
532457CQ9 ELI LILLY AND CO 4.2 08/14/2029 235,000.00 08/12/2024

4.22%
234,769.70
234,771.97
100.22

4.15%
235,517.93
466.08

1.19%
745.96
A1/A+
NA

4.95 4.35
Total Corporate 1,210,000.00 4.42%
1,221,820.70
1,221,649.40
101.39

4.45%
1,226,722.11
8,986.35

6.18%
5,072.71
A1/A
A+

4.35 3.63

MONEY MARKET
FUND
X9USDDGCM DREYFUS GVT CM INST 1,369,840.98 --

5.18%
1,369,840.98
1,369,840.98

1.00 5.18%
1,369,840.98

0.00 6.90%

0.00 Aaa/
AAAm
NA

0.00 0.00
Total Money
Market Fund 1,369,840.98 5.18%
1,369,840.98
1,369,840.98

1.00 5.18%
1,369,840.98

0.00 6.90%

0.00 Aaa/
AAAm
NA

0.00 0.00

US TREASURY
91282CFK2 UNITED STATES TREASURY 3.5
09/15/2025 375,000.00 08/08/2024

4.43%
371,264.65
371,478.36

99.12 4.38%
371,704.10
6,063.18

1.87%
225.74
Aaa/AA+
AA+

1.04 0.99
91282CJL6 UNITED STATES TREASURY 4.875
11/30/2025 350,000.00 08/20/2024

4.30%
352,447.27
352,389.50
100.74

4.25%
352,597.66
4,335.55

1.78%
208.16
Aaa/AA+
AA+

1.25 1.18
91282CGR6 UNITED STATES TREASURY 4.625
03/15/2026 350,000.00 08/20/2024

4.14%
352,542.97
352,493.98
100.78

4.09%
352,734.38
7,477.92

1.78%
240.39
Aaa/AA+
AA+

1.54 1.44
91282CHH7 UNITED STATES TREASURY 4.125
06/15/2026 375,000.00 08/08/2024

4.10%
375,175.78
375,169.79
100.21

4.00%
375,776.37
3,296.62

1.89%
606.58
Aaa/AA+
AA+

1.79 1.69

HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CJC6 UNITED STATES TREASURY 4.625
10/15/2026 375,000.00 08/30/2024

3.90%
380,507.81
380,493.61
101.43

3.91%
380,346.68
6,586.83

1.92%
(146.94)
Aaa/AA+
AA+

2.12 1.97
91282CKE0 UNITED STATES TREASURY 4.25
03/15/2027 350,000.00 08/20/2024

3.86%
353,322.27
353,283.23
101.02

3.82%
353,554.69
6,871.60

1.78%
271.46
Aaa/AA+
AA+

2.54 2.34
91282CKZ3 UNITED STATES TREASURY 4.375
07/15/2027 375,000.00 08/08/2024

3.91%
379,804.69
379,701.41
101.54

3.80%
380,771.48
2,139.95

1.92%
1,070.07
Aaa/AA+
AA+

2.87 2.66
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028 375,000.00 08/08/2024

3.87%
376,552.73
376,525.24
100.73

3.77%
377,753.91

41.44 1.90%
1,228.67
Aaa/AA+
AA+

3.50 3.23
91282CHK0 UNITED STATES TREASURY 4.0
06/30/2028 350,000.00 08/20/2024

3.76%
353,007.81
352,984.33
100.86

3.76%
352,994.14
2,396.74

1.78%

9.81 Aaa/AA+
AA+

3.83 3.50
91282CJF9 UNITED STATES TREASURY 4.875
10/31/2028 375,000.00 08/08/2024

3.85%
389,765.63
389,545.68
104.25

3.76%
390,952.15
6,159.99

1.97%
1,406.47
Aaa/AA+
AA+

4.17 3.69
91282CKP5 UNITED STATES TREASURY 4.625
04/30/2029 375,000.00 08/08/2024

3.84%
387,583.01
387,415.24
103.73

3.74%
389,003.91
5,844.09

1.96%
1,588.67
Aaa/AA+
AA+

4.66 4.11
91282CLC3 UNITED STATES TREASURY 4.0
07/31/2029 350,000.00 08/20/2024

3.70%
354,634.77
354,606.52
101.18

3.73%
354,128.91
1,217.39

1.78%
(477.62)
Aaa/AA+
AA+

4.91 4.41
Total US Treasury 4,375,000.00 3.97%
4,426,609.39
4,426,086.89
101.33

3.92%
4,432,318.36
52,431.30

22.32%
6,231.47
Aaa/AA+
AA+

2.86 2.61
Total Portfolio 19,974,153.36 2.89%
20,037,443.45
20,036,852.22

92.53 4.64%
19,859,796.92
103,873.62
100.00%
(177,055.30)
Aa1/AA
AA+

1.46 1.34
Total Market
Value + Accrued 19,963,670.54

TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 08/01/2024 X9USDDGCM 1,000,000.00 DREYFUS GVT CM INST 1.000 5.22% (1,000,000.00) 0.00 (1,000,000.00) 0.00 Purchase 08/02/2024 X9USDDGCM 866.44 DREYFUS GVT CM INST 1.000 5.19% (866.44) 0.00 (866.44) 0.00 Purchase 08/09/2024 91282CKP5 375,000.00 UNITED STATES TREASURY

4.625 04/30/2029 103.355 3.84% (387,583.01) (4,760.11) (392,343.12) 0.00 Purchase 08/09/2024 91282CJF9 375,000.00 UNITED STATES TREASURY

4.875 10/31/2028 103.938 3.85% (389,765.63) (5,017.41) (394,783.04) 0.00 Purchase 08/09/2024 91282CGP0 375,000.00 UNITED STATES TREASURY

4.0 02/29/2028 100.414 3.87% (376,552.73) (6,603.26) (383,155.99) 0.00 Purchase 08/09/2024 91282CKZ3 375,000.00 UNITED STATES TREASURY

4.375 07/15/2027 101.281 3.91% (379,804.69) (1,114.56) (380,919.25) 0.00 Purchase 08/09/2024 91282CHH7 375,000.00 UNITED STATES TREASURY

4.125 06/15/2026 100.047 4.10% (375,175.78) (2,324.54) (377,500.32) 0.00 Purchase 08/09/2024 91282CFK2 375,000.00 UNITED STATES TREASURY

3.5 09/15/2025 99.004 4.43% (371,264.65) (5,242.87) (376,507.52) 0.00 Purchase 08/12/2024 X9USDDGCM 750,000.00 DREYFUS GVT CM INST 1.000 5.18% (750,000.00) 0.00 (750,000.00) 0.00 Purchase 08/12/2024 X9USDDGCM 12,539.72 DREYFUS GVT CM INST 1.000 5.18% (12,539.72) 0.00 (12,539.72) 0.00 Purchase 08/13/2024
437076DB5 225,000.00 HOME DEPOT INC 4.875
06/25/2027 101.628 4.25% (228,663.00) (1,462.50) (230,125.50) 0.00 Purchase 08/13/2024 24422EXT1 225,000.00 JOHN DEERE CAPITAL CORP 4.85 06/11/2029 101.928 4.40% (229,338.00) (1,879.38) (231,217.38) 0.00 Purchase 08/13/2024 89236TMK8 225,000.00 TOYOTA MOTOR CREDIT CORP 4.55 08/09/2029 100.252 4.49% (225,567.00) (113.75) (225,680.75) 0.00 Purchase 08/13/2024 46647PDG8 150,000.00 JPMORGAN CHASE & CO

4.851 07/25/2028 100.622 4.62% (150,933.00) (363.83) (151,296.83) 0.00 Purchase 08/13/2024 06051GLG2 150,000.00 BANK OF AMERICA CORP

5.202 04/25/2029 101.700 4.69% (152,550.00) (2,340.90) (154,890.90) 0.00 Purchase 08/14/2024 532457CQ9 235,000.00 ELI LILLY AND CO 4.2 08/14/2029 99.902 4.22% (234,769.70) 0.00 (234,769.70) 0.00 Purchase 08/21/2024 91282CLC3 350,000.00 UNITED STATES TREASURY

4.0 07/31/2029 101.324 3.70% (354,634.77) (798.91) (355,433.68) 0.00 Purchase 08/21/2024 91282CHK0 350,000.00 UNITED STATES TREASURY

4.0 06/30/2028 100.859 3.76% (353,007.81) (1,978.26) (354,986.07) 0.00

TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Purchase 08/21/2024 91282CKE0 350,000.00 UNITED STATES TREASURY

4.25 03/15/2027 100.949 3.86% (353,322.27) (6,426.97) (359,749.24) 0.00 Purchase 08/21/2024 91282CGR6 350,000.00 UNITED STATES TREASURY

4.625 03/15/2026 100.727 4.14% (352,542.97) (6,994.06) (359,537.03) 0.00 Purchase 08/21/2024 91282CJL6 350,000.00 UNITED STATES TREASURY

4.875 11/30/2025 100.699 4.30% (352,447.27) (3,822.75) (356,270.02) 0.00 Purchase 08/22/2024 X9USDDGCM 250,000.00 DREYFUS GVT CM INST 1.000 5.18% (250,000.00) 0.00 (250,000.00) 0.00 Purchase 08/22/2024 X9USDDGCM 4,176.03 DREYFUS GVT CM INST 1.000 5.18% (4,176.03) 0.00 (4,176.03) 0.00 Purchase 08/26/2024 X9USDDGCM 1,250.00 DREYFUS GVT CM INST 1.000 5.19% (1,250.00) 0.00 (1,250.00) 0.00 Purchase 08/26/2024 X9USDDGCM 1,000,000.00 DREYFUS GVT CM INST 1.000 5.19% (1,000,000.00) 0.00 (1,000,000.00) 0.00 Purchase 08/27/2024 X9USDDGCM 10,000.00 DREYFUS GVT CM INST 1.000 5.19% (10,000.00) 0.00 (10,000.00) 0.00 Purchase 08/28/2024 X9USDDGCM 25,000.00 DREYFUS GVT CM INST 1.000 5.20% (25,000.00) 0.00 (25,000.00) 0.00 Purchase 08/30/2024 91282CJC6 375,000.00 UNITED STATES TREASURY

4.625 10/15/2026 101.469 3.90% (380,507.81) (6,492.06) (386,999.87) 0.00 Total Purchase 8,638,832.19 (8,702,262.28) (57,736.12) (8,759,998.40)

0.00 TOTAL
ACQUISITIONS 8,638,832.19 (8,702,262.28) (57,736.12) (8,759,998.40) 0.00

DISPOSITIONS
Maturity 08/12/2024 14042TJH1 (250,000.00)
Capital One Bank (USA),
National Association 3.3
08/12/2024
100.000 3.30% 250,000.00 0.00 250,000.00 0.00
Maturity 08/12/2024 14042RTM3 (250,000.00)
Capital One, National
Association 3.3
08/12/2024
100.000 3.30% 250,000.00 0.00 250,000.00 0.00
Maturity 08/12/2024 02589ADM1 (250,000.00) American Express Bank, FSB 3.35 08/12/2024 100.000 3.35% 250,000.00 0.00 250,000.00 0.00 Maturity 08/22/2024 8562832E5 (250,000.00)
State Bank of India -
Chicago Branch 3.35
08/22/2024
100.000 3.35% 250,000.00 0.00 250,000.00 0.00
Maturity 08/26/2024 3130AMCN0 (1,000,000.00) FEDERAL HOME LOAN BANKS 0.5 08/26/2024 100.000 0.50% 1,000,000.00 0.00 1,000,000.00 0.00 Total Maturity (2,000,000.00) 2,000,000.00 0.00 2,000,000.00 0.00

TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Sale 08/09/2024 X9USDDGCM (2,305,209.24) DREYFUS GVT CM INST 1.000 5.19% 2,305,209.24 0.00 2,305,209.24 0.00 Sale 08/13/2024 X9USDDGCM (993,211.36) DREYFUS GVT CM INST 1.000 5.18% 993,211.36 0.00 993,211.36 0.00 Sale 08/14/2024 X9USDDGCM (234,769.70) DREYFUS GVT CM INST 1.000 5.19% 234,769.70 0.00 234,769.70 0.00 Sale 08/21/2024 X9USDDGCM (1,785,976.04) DREYFUS GVT CM INST 1.000 5.18% 1,785,976.04 0.00 1,785,976.04 0.00 Sale 08/30/2024 X9USDDGCM (386,999.87) DREYFUS GVT CM INST 1.000 5.18% 386,999.87 0.00 386,999.87 0.00 Total Sale (5,706,166.21) 5,706,166.21 0.00 5,706,166.21 0.00 TOTAL
DISPOSITIONS (7,706,166.21) 7,706,166.21 0.00 7,706,166.21 0.00 OTHER
Cash Transfer 08/01/2024 CCYUSD 1,000,000.00 Cash 0.00% 1,000,000.00 0.00 1,000,000.00 0.00 Total Cash
Transfer 1,000,000.00 1,000,000.00 0.00 1,000,000.00 0.00 Coupon 08/12/2024 14042TJH1 0.00
Capital One Bank (USA),
National Association 3.3
08/12/2024

3.30% 4,158.90 0.00 4,158.90 0.00
Coupon 08/12/2024 14042RTM3 0.00
Capital One, National
Association 3.3
08/12/2024

3.30% 4,158.90 0.00 4,158.90 0.00
Coupon 08/12/2024 02589ADM1 0.00 American Express Bank, FSB 3.35 08/12/2024 3.35% 4,221.92 0.00
4,221.92 0.00
Coupon 08/22/2024 8562832E5 0.00
State Bank of India -
Chicago Branch 3.35
08/22/2024

3.35% 4,176.03 0.00 4,176.03 0.00
Coupon 08/26/2024 3130AMCN0 0.00 FEDERAL HOME LOAN
BANKS 0.5 08/26/2024 0.50% 1,250.00 0.00 1,250.00 0.00
Coupon 08/27/2024 3130AQY49 0.00 FEDERAL HOME LOAN
BANKS 2.0 02/27/2025 2.00% 10,000.00 0.00 10,000.00 0.00 Coupon 08/28/2024 3130AQYM9 0.00 FEDERAL HOME LOAN
BANKS 5.0 02/28/2025 5.00% 25,000.00 0.00 25,000.00 0.00 Total Coupon 0.00 52,965.75 0.00 52,965.75 0.00
Dividend 07/31/2024 X9USDDGCM 0.00 DREYFUS GVT CM INST 5.22% 866.44 0.00 866.44 0.00 Total Dividend 0.00 866.44 0.00 866.44 0.00

5.b
Packet Pg. 31
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 10
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss

TOTAL OTHER
TRANSACTIONS 1,000,000.00 1,053,832.19 0.00 1,053,832.19 0.00

5.b
Packet Pg. 32
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 11
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income

CASH & EQUIVALENTS
CCYUSD Receivable
19,312.38
866.45

0.00 0.00
19,312.38

0.00 0.00

0.00 X9USDDGCM DREYFUS GVT CM INST
1,369,840.98
4,022,175.00
3,053,832.19
(5,706,166.21)
1,369,840.98

0.00 866.44

0.00 0.00

0.00 866.44
866.44
Total Cash & Equivalents 1,389,153.36
4,023,041.45
3,053,832.19
(5,706,166.21)
1,389,153.36

0.00 866.44

0.00 0.00

0.00 866.44 866.44

FIXED INCOME
02589ADM1 American Express Bank, FSB

3.35 08/12/2024
07/29/2022
07/29/2022

0.00 250,000.00

0.00 (250,000.00)

0.00 4,024.65
4,221.92

0.00 197.27

0.00 0.00

0.00 197.27
197.27
06051GLG2 BANK OF AMERICA CORP

5.202 04/25/2029
08/12/2024
08/13/2024
150,000.00

0.00 152,550.00

0.00 152,514.14

0.00 (2,340.90)
2,731.05
390.15

0.00 (35.86)
(35.86)
354.29
354.29
14042RTM3 Capital One, National
Association 3.3 08/12/2024
07/29/2022
07/29/2022

0.00 250,000.00

0.00 (250,000.00)

0.00 3,910.27
4,158.90

0.00 248.63

0.00 0.00

0.00 248.63
248.63
14042TJH1
Capital One Bank (USA),
National Association 3.3
08/12/2024
07/29/2022
07/29/2022

0.00 250,000.00

0.00 (250,000.00)

0.00 3,910.27
4,158.90

0.00 248.63

0.00 0.00

0.00 248.63
248.63
24422EXT1 JOHN DEERE CAPITAL CORP

4.85 06/11/2029
08/12/2024
08/13/2024
225,000.00

0.00 229,338.00

0.00 229,291.25

0.00 (1,879.38)
2,425.00
545.62

0.00 (46.75)
(46.75)
498.87
498.87

5.b
Packet Pg. 33
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 12
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

0.625 12/30/2024
03/30/2021
03/30/2021
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
2,100.69

0.00 2,621.53
520.83

0.00 0.00

0.00 520.83
520.83
3130AMCN0 FEDERAL HOME LOAN BANKS

0.5 08/26/2024
05/26/2021
05/26/2021

0.00 1,000,000.00

0.00 (1,000,000.00)

0.00 902.78
1,250.00

0.00 347.22

0.00 0.00

0.00 347.22
347.22
3130AN5H9 FEDERAL HOME LOAN BANKS

0.7 01/22/2025
07/21/2021
07/21/2021
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
175.00

0.00 758.33
583.33

0.00 0.00

0.00 583.33
583.33
3130ANUR9 FEDERAL HOME LOAN BANKS

0.65 03/21/2025
09/21/2021
09/21/2021
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
2,347.22

0.00 2,888.89
541.67

0.00 0.00

0.00 541.67
541.67
3130ANVB3 FEDERAL HOME LOAN BANKS

0.8 09/17/2025
09/17/2021
09/17/2021
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
2,977.78

0.00 3,644.44
666.67

0.00 0.00

0.00 666.67
666.67
3130APFH3 FEDERAL HOME LOAN BANKS

0.81 07/29/2025
10/29/2021
10/29/2021
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00

45.00 0.00
720.00
675.00

0.00 0.00

0.00 675.00
675.00
3130APPG4 FEDERAL HOME LOAN BANKS

1.35 11/18/2024
11/18/2021
11/18/2021
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
2,737.50

0.00 3,862.50
1,125.00

0.00 0.00

0.00 1,125.00
1,125.00
3130AQY49 FEDERAL HOME LOAN BANKS

2.0 02/27/2025
02/28/2022
02/28/2022
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
8,555.56
10,000.00
222.22
1,666.67

0.00 0.00

0.00 1,666.67
1,666.67
3130AQYM9 FEDERAL HOME LOAN BANKS

5.0 02/28/2025
02/28/2022
02/28/2022
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
21,250.00
25,000.00
416.67
4,166.67

0.00 0.00

0.00 4,166.67
4,166.67

5.b
Packet Pg. 34
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 13
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

3.65 07/21/2025
07/21/2022
07/21/2022
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
1,013.89

0.00 4,055.56
3,041.67

0.00 0.00

0.00 3,041.67
3,041.67
3130ASQP7 FEDERAL HOME LOAN BANKS

3.625 01/28/2025
07/28/2022
07/28/2022
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
302.08

0.00 3,322.92
3,020.83

0.00 0.00

0.00 3,020.83
3,020.83
3133ENZC7

FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.12
06/22/2026
06/22/2022
06/22/2022
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
4,463.33

0.00 7,896.67
3,433.33

0.00 0.00

0.00 3,433.33
3,433.33
3133ENZG8

FEDERAL FARM CREDIT
BANKS FUNDING CORP 3.375
06/20/2025
06/23/2022
06/23/2022
1,000,000.00
999,958.59

0.00 0.00
999,962.56
3,843.75

0.00 6,656.25
2,812.50

3.97 0.00

3.97 2,816.47
2,816.47
3133ENZY9

FEDERAL FARM CREDIT
BANKS FUNDING CORP 3.96
07/12/2027
07/12/2022
07/12/2022
1,000,000.00
1,000,000.00

0.00 0.00
1,000,000.00
2,090.00

0.00 5,390.00
3,300.00

0.00 0.00

0.00 3,300.00
3,300.00
437076DB5 HOME DEPOT INC 4.875
06/25/2027
08/12/2024
08/13/2024
225,000.00

0.00 228,663.00

0.00 228,594.43

0.00 (1,462.50)
2,010.94
548.44

0.00 (68.57)
(68.57)
479.87
479.87
46647PDG8 JPMORGAN CHASE & CO

4.851 07/25/2028
08/12/2024
08/13/2024
150,000.00

0.00 150,933.00

0.00 150,916.53

0.00 (363.83)
727.65
363.82

0.00 (16.47)
(16.47)
347.35
347.35
532457CQ9 ELI LILLY AND CO 4.2
08/14/2029
08/12/2024
08/14/2024
235,000.00

0.00 234,769.70

0.00 234,771.97

0.00 0.00
466.08
466.08

2.27 0.00

2.27 468.35
468.35
8562832E5 State Bank of India - Chicago
Branch 3.35 08/22/2024
07/29/2022
07/29/2022

0.00 250,000.00

0.00 (250,000.00)

0.00 3,694.18
4,176.03

0.00 481.85

0.00 0.00

0.00 481.85
481.85

5.b
Packet Pg. 35
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 14
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

0.00 225,567.00

0.00 225,561.09

0.00 (113.75)
625.63
511.88

0.00 (5.91)
(5.91)
505.96
505.96
91282CFK2 UNITED STATES TREASURY 3.5
09/15/2025
08/08/2024
08/09/2024
375,000.00

0.00 371,264.65

0.00 371,478.36

0.00 (5,242.87)
6,063.18
820.31
213.71

0.00 213.71
1,034.02
1,034.02
91282CGP0 UNITED STATES TREASURY 4.0
02/29/2028
08/08/2024
08/09/2024
375,000.00

0.00 376,552.73

0.00 376,525.24

0.00 (6,603.26)

41.44 (6,561.82)

0.00 (27.49)
(27.49)
(6,589.32)
(6,589.32)
91282CGR6 UNITED STATES TREASURY

4.625 03/15/2026
08/20/2024
08/21/2024
350,000.00

0.00 352,542.97

0.00 352,493.98

0.00 (6,994.06)
7,477.92
483.86

0.00 (48.99)
(48.99)
434.87
434.87
91282CHH7 UNITED STATES TREASURY

4.125 06/15/2026
08/08/2024
08/09/2024
375,000.00

0.00 375,175.78

0.00 375,169.79

0.00 (2,324.54)
3,296.62
972.08

0.00 (5.99)
(5.99)
966.09
966.09
91282CHK0 UNITED STATES TREASURY 4.0
06/30/2028
08/20/2024
08/21/2024
350,000.00

0.00 353,007.81

0.00 352,984.33

0.00 (1,978.26)
2,396.74
418.48

0.00 (23.48)
(23.48)
395.00
395.00
91282CJC6 UNITED STATES TREASURY

4.625 10/15/2026
08/30/2024
08/30/2024
375,000.00

0.00 380,507.81

0.00 380,493.61

0.00 (6,492.06)
6,586.83

94.77 0.00
(14.20)
(14.20)

80.58 80.58
91282CJF9 UNITED STATES TREASURY

4.875 10/31/2028
08/08/2024
08/09/2024
375,000.00

0.00 389,765.63

0.00 389,545.68

0.00 (5,017.41)
6,159.99
1,142.58

0.00 (219.95)
(219.95)
922.62
922.62
91282CJL6 UNITED STATES TREASURY

4.875 11/30/2025
08/20/2024
08/21/2024
350,000.00

0.00 352,447.27

0.00 352,389.50

0.00 (3,822.75)
4,335.55
512.80

0.00 (57.77)
(57.77)
455.04
455.04

5.b
Packet Pg. 36
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 15
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

4.25 03/15/2027
08/20/2024
08/21/2024
350,000.00

0.00 353,322.27

0.00 353,283.23

0.00 (6,426.97)
6,871.60
444.63

0.00 (39.04)
(39.04)
405.59
405.59
91282CKP5 UNITED STATES TREASURY

4.625 04/30/2029
08/08/2024
08/09/2024
375,000.00

0.00 387,583.01

0.00 387,415.24

0.00 (4,760.11)
5,844.09
1,083.98

0.00 (167.77)
(167.77)
916.21
916.21
91282CKZ3 UNITED STATES TREASURY

4.375 07/15/2027
08/08/2024
08/09/2024
375,000.00

0.00 379,804.69

0.00 379,701.41

0.00 (1,114.56)
2,139.95
1,025.39

0.00 (103.28)
(103.28)
922.11
922.11
91282CLC3 UNITED STATES TREASURY 4.0
07/31/2029
08/20/2024
08/21/2024
350,000.00

0.00 354,634.77

0.00 354,606.52

0.00 (798.91)
1,217.39
418.48

0.00 (28.25)
(28.25)
390.24
390.24
Total Fixed Income 18,585,000.00
14,999,958.59
5,648,430.09
(2,000,000.00)
18,647,698.86
68,343.96
(4,770.37)
103,873.62
30,759.28
219.96
(909.78)
(689.82)
30,069.46 30,069.46
TOTAL PORTFOLIO 19,974,153.36
19,023,000.04
8,702,262.28
(7,706,166.21)
20,036,852.22
68,343.96
(3,903.93)
103,873.62
31,625.72
219.96
(909.78)
(689.82)
30,935.90 30,935.90

5.b
Packet Pg. 37
Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 16
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount SEPTEMBER 2024
09/03/2024 Dividend X9USDDGCM 1,377,340.98 DREYFUS GVT CM INST 11,812.38 11,812.38 09/16/2024 Coupon 91282CFK2 375,000.00 UNITED STATES TREASURY 3.5 09/15/2025 6,562.50 6,562.50 09/16/2024 Coupon 91282CGR6 350,000.00 UNITED STATES TREASURY 4.625 03/15/2026 8,093.75 8,093.75 09/16/2024 Coupon 91282CKE0 350,000.00 UNITED STATES TREASURY 4.25 03/15/2027 7,437.50 7,437.50 09/17/2024 Coupon 3130ANVB3 1,000,000.00 FEDERAL HOME LOAN BANKS 0.8 09/17/2025 4,000.00 4,000.00 09/23/2024 Coupon 3130ANUR9 1,000,000.00 FEDERAL HOME LOAN BANKS 0.65 03/21/2025 3,250.00 3,250.00 09/30/2024 Coupon 3130ALR97 1,000,000.00 FEDERAL HOME LOAN BANKS 0.625 12/30/2024 3,125.00 3,125.00
September 2024
Total 11,812.38 32,468.75 44,281.13
OCTOBER 2024
10/15/2024 Coupon 91282CJC6 375,000.00 UNITED STATES TREASURY 4.625 10/15/2026 8,671.88 8,671.88 10/25/2024 Coupon 06051GLG2 150,000.00 BANK OF AMERICA CORP 5.202 04/25/2029 3,901.50 3,901.50 10/31/2024 Coupon 91282CJF9 375,000.00 UNITED STATES TREASURY 4.875 10/31/2028 9,140.63 9,140.63 10/31/2024 Coupon 91282CKP5 375,000.00 UNITED STATES TREASURY 4.625 04/30/2029 8,671.88 8,671.88 October 2024
Total 30,385.88 30,385.88
NOVEMBER 2024
11/18/2024 Coupon 3130APPG4 1,000,000.00 FEDERAL HOME LOAN BANKS 1.35 11/18/2024 6,750.00 6,750.00 11/18/2024 Final Maturity 3130APPG4 1,000,000.00 FEDERAL HOME LOAN BANKS 1.35 11/18/2024 1,000,000.00 1,000,000.00 November 2024
Total 1,000,000.00 6,750.00 1,006,750.00
DECEMBER 2024
12/02/2024 Coupon 91282CJL6 350,000.00 UNITED STATES TREASURY 4.875 11/30/2025 8,531.25 8,531.25 12/11/2024 Coupon 24422EXT1 225,000.00 JOHN DEERE CAPITAL CORP 4.85 06/11/2029 5,456.25 5,456.25 12/16/2024 Coupon
91282CHH7 375,000.00 UNITED STATES TREASURY 4.125 06/15/2026 7,734.38 7,734.38 12/20/2024 Coupon 3133ENZG8 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

3.375 06/20/2025 16,875.00 16,875.00
12/23/2024 Coupon 3133ENZC7 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

4.12 06/22/2026 20,600.00 20,600.00
12/26/2024 Coupon 437076DB5 225,000.00 HOME DEPOT INC 4.875 06/25/2027 5,484.38 5,484.38

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Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 17
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 12/30/2024 Coupon 3130ALR97 1,000,000.00 FEDERAL HOME LOAN BANKS 0.625 12/30/2024 1,562.50 1,562.50
12/30/2024 Final Maturity 3130ALR97 1,000,000.00 FEDERAL HOME LOAN BANKS 0.625 12/30/2024 1,000,000.00 1,000,000.00
12/31/2024 Coupon 91282CHK0 350,000.00 UNITED STATES TREASURY 4.0 06/30/2028 7,000.00 7,000.00 December 2024
Total 1,000,000.00 73,243.75 1,073,243.75
JANUARY 2025
01/13/2025 Coupon 3133ENZY9 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

3.96 07/12/2027 19,800.00 19,800.00
01/15/2025 Coupon 91282CKZ3 375,000.00 UNITED STATES TREASURY 4.375 07/15/2027 8,203.13 8,203.13 01/21/2025 Coupon 3130ASLD9 1,000,000.00 FEDERAL HOME LOAN BANKS 3.65 07/21/2025 18,250.00 18,250.00 01/22/2025 Coupon 3130AN5H9 1,000,000.00 FEDERAL HOME LOAN BANKS 0.7 01/22/2025 3,500.00 3,500.00 01/22/2025 Final Maturity 3130AN5H9 1,000,000.00 FEDERAL HOME LOAN BANKS 0.7 01/22/2025 1,000,000.00 1,000,000.00 01/27/2025 Coupon 46647PDG8 150,000.00 JPMORGAN CHASE & CO 4.851 07/25/2028 3,638.25 3,638.25 01/28/2025 Coupon 3130ASQP7 1,000,000.00 FEDERAL HOME LOAN BANKS 3.625 01/28/2025 18,125.00 18,125.00
01/28/2025 Final Maturity 3130ASQP7 1,000,000.00 FEDERAL HOME LOAN BANKS 3.625 01/28/2025 1,000,000.00 1,000,000.00
01/29/2025 Coupon 3130APFH3 1,000,000.00 FEDERAL HOME LOAN BANKS 0.81 07/29/2025 4,050.00 4,050.00 01/31/2025 Coupon 91282CLC3 350,000.00 UNITED STATES TREASURY 4.0 07/31/2029 7,000.00 7,000.00 January 2025 Total 2,000,000.00 82,566.38 2,082,566.38
FEBRUARY 2025
02/10/2025 Coupon 89236TMK8 225,000.00 TOYOTA MOTOR CREDIT CORP 4.55 08/09/2029 5,118.75 5,118.75 02/14/2025 Coupon 532457CQ9 235,000.00 ELI LILLY AND CO 4.2 08/14/2029 4,935.00 4,935.00 02/27/2025 Coupon 3130AQY49 1,000,000.00 FEDERAL HOME LOAN BANKS 2.0 02/27/2025 10,000.00 10,000.00
02/27/2025 Final Maturity 3130AQY49 1,000,000.00 FEDERAL HOME LOAN BANKS 2.0 02/27/2025 1,000,000.00 1,000,000.00 02/28/2025 Coupon 3130AQYM9 1,000,000.00 FEDERAL HOME LOAN BANKS 5.0 02/28/2025 25,000.00 25,000.00 02/28/2025 Final Maturity 3130AQYM9 1,000,000.00 FEDERAL HOME LOAN BANKS 5.0 02/28/2025 1,000,000.00 1,000,000.00 02/28/2025 Coupon 91282CGP0 375,000.00 UNITED STATES TREASURY 4.0 02/29/2028 7,500.00 7,500.00 February 2025
Total 2,000,000.00 52,553.75 2,052,553.75
MARCH 2025

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Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 18
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 03/17/2025 Coupon 3130ANVB3 1,000,000.00 FEDERAL HOME LOAN BANKS 0.8 09/17/2025 4,000.00 4,000.00 03/17/2025 Coupon 91282CFK2 375,000.00 UNITED STATES TREASURY 3.5 09/15/2025 6,562.50 6,562.50 03/17/2025 Coupon 91282CGR6 350,000.00 UNITED STATES TREASURY 4.625 03/15/2026 8,093.75 8,093.75 03/17/2025 Coupon 91282CKE0 350,000.00 UNITED STATES TREASURY 4.25 03/15/2027 7,437.50 7,437.50 03/21/2025 Coupon 3130ANUR9 1,000,000.00 FEDERAL HOME LOAN BANKS 0.65 03/21/2025 3,250.00 3,250.00 03/21/2025 Final Maturity 3130ANUR9 1,000,000.00 FEDERAL HOME LOAN BANKS 0.65 03/21/2025 1,000,000.00 1,000,000.00 March 2025 Total 1,000,000.00 29,343.75 1,029,343.75
APRIL 2025
04/15/2025 Coupon 91282CJC6 375,000.00 UNITED STATES TREASURY 4.625 10/15/2026 8,671.88 8,671.88 04/25/2025 Coupon 06051GLG2 150,000.00 BANK OF AMERICA CORP 5.202 04/25/2029 3,901.50 3,901.50 04/30/2025 Coupon 91282CJF9 375,000.00 UNITED STATES TREASURY 4.875 10/31/2028 9,140.63 9,140.63 04/30/2025 Coupon 91282CKP5 375,000.00 UNITED STATES TREASURY 4.625 04/30/2029 8,671.88 8,671.88 April 2025 Total 30,385.88 30,385.88
JUNE 2025
06/02/2025 Coupon 91282CJL6 350,000.00 UNITED STATES TREASURY 4.875 11/30/2025 8,531.25 8,531.25 06/11/2025 Coupon 24422EXT1 225,000.00 JOHN DEERE CAPITAL CORP 4.85 06/11/2029 5,456.25 5,456.25 06/16/2025 Coupon 91282CHH7 375,000.00 UNITED STATES TREASURY 4.125 06/15/2026 7,734.38 7,734.38 06/20/2025 Coupon 3133ENZG8 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

3.375 06/20/2025 16,875.00 16,875.00
06/20/2025 Final Maturity 3133ENZG8 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

3.375 06/20/2025 1,000,000.00 1,000,000.00
06/23/2025 Coupon 3133ENZC7 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

4.12 06/22/2026 20,600.00 20,600.00
06/25/2025 Coupon
437076DB5 225,000.00 HOME DEPOT INC 4.875 06/25/2027 5,484.38 5,484.38 06/30/2025 Coupon 91282CHK0 350,000.00 UNITED STATES TREASURY 4.0 06/30/2028 7,000.00 7,000.00 June 2025 Total 1,000,000.00 71,681.25 1,071,681.25
JULY 2025
07/14/2025 Coupon 3133ENZY9 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP

3.96 07/12/2027 19,800.00 19,800.00
07/15/2025 Coupon 91282CKZ3 375,000.00 UNITED STATES TREASURY 4.375 07/15/2027 8,203.13 8,203.13 07/21/2025 Coupon 3130ASLD9 1,000,000.00 FEDERAL HOME LOAN BANKS 3.65 07/21/2025 18,250.00 18,250.00 07/21/2025 Final Maturity 3130ASLD9 1,000,000.00 FEDERAL HOME LOAN BANKS 3.65 07/21/2025 1,000,000.00 1,000,000.00

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Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 19
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 07/25/2025 Coupon 46647PDG8 150,000.00 JPMORGAN CHASE & CO 4.851 07/25/2028 3,638.25 3,638.25 07/29/2025 Coupon 3130APFH3 1,000,000.00 FEDERAL HOME LOAN BANKS 0.81 07/29/2025 4,050.00 4,050.00 07/29/2025 Final Maturity 3130APFH3 1,000,000.00 FEDERAL HOME LOAN BANKS 0.81 07/29/2025 1,000,000.00 1,000,000.00 07/31/2025 Coupon 91282CLC3 350,000.00 UNITED STATES TREASURY 4.0 07/31/2029 7,000.00 7,000.00 July 2025 Total 2,000,000.00 60,941.38 2,060,941.38
Grand Total 42,712,340.98 10,011,812.38 470,320.75 10,482,133.13

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Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 20
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

IMPORTANT DISCLOSURES
Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).

To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ice Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND

THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.

NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY , ADEQUACY , ACCURACY , TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P , Moody’s and Fitch respectively.

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Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment CONFIDENTIAL | 21
City of Campbell | Account #11214 | As of August 31, 2024 Execution Time: 09/04/2024 12:38:53 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

BENCHMARK INDEX & DISCLOSURES
Benchmark Disclosure
ICE BofA 1-5 Yr US Treasury & Agency
Index
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

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Attachment: Chandler Monthly Account Statement report (BNY)-8.31.24 (Monthly Investment City
Council
Report
TITLE: Approval of Plans and Specifications, Authorization to Solicit Bids, Approve and Award Contract, and Other Associated Actions for the John D. Morgan Park Parking Lots (23 -DD) (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution: 1) approving the Plans and Specifications for the John D. Morgan Park Parking Lot Improvements (23 -DD), 2) authorizing the solicitation of bids; 3) approving and awarding the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $142,000, plus a 10% contingency of $14,200; 4) authorizing the City Manager to execute said contract as specified in Campbell Municipal Code Section 3.20.100; and 5) authorizing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; 6) authorizing the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities; and 7) authorizing the Finance Director to perform associated budget adjustments.

BACKGROUND
John D. Morgan Park, originally constructed in 1972, bounded by San Tomas Expressway, Rincon Avenue, Budd Avenue, and the Campbell School of Innovation provides thirty-two acres of open space to host a variety of recreational activities. The park has picnic areas, open fields and two popular playgrounds, one of which is the recently constructed all -inclusive playground. There are three parking lots in total that support the park. One lot is accessed through Budd Avenue and two through Rincon Avenue. Each requires varying degrees of improvements.

The parking lot on Budd Avenue adjacent to the all -inclusive playground will be reviewed for the potential of reconfiguring the parking spaces to increase the number of standard and Americans with Disabilities Act (ADA) compliant parking spaces. This work along with the appropriate pavement maintenance treatment will be addressed through the John D. Morgan Park (Budd) Restroom Improvement Project of which design is currently underway.

The parking lot off Rincon Avenue closest to the ball field and play lot will require routine pavement maintenance work and will be addressed during the spring of 2025.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: October 1, 2024
6 Packet Pg. 44
Approval of Plans, Specs, Etc., for John D. Morgan Park Page 2 of 5 Also accessed via Rincon Avenue, the parking lot adjacent to San Tomas Expressway (Expressway Parking Lot) abuts the pedestrian pathway that traverses through the park with no physical barrier separating the pedestrian pathway from the parking lot. The pavement in this lot is in poor condition and in need of rehabilitation. As such, the John D. Morgan Park Parking Lot Improvements, (23 -DD) (Project) is focused on improvements to the Expressway Parking Lot to address both safety and infrastructure needs.

Staff estimated the consultant services required to design the Project would be under fifty thousand dollars. In May 2023, in adherence to City of Campbell Administrative Policies and Procedures, Purchasing Procedures and Payment Methods – Policy 1.8, staff proceeded with securing competitive informal bids for consultant design services for the Project. Proposals were solicited from eight design firms with only one proposal being received by the City. After review of the proposal from CSG Consultants and in accordance with Chapter 3.20 – Purchasing Policy of the Municipal Code, the City entered into a consultant services agreement with CSG Consultants on June 14, 2023.

DISCUSSION
The Project will improve the condition of the Expressway Parking Lot by performing asphalt concrete dig outs to replace damaged pavement and installing a slurry seal.

Other improvements include:
• Additional standard parking spaces
• Additional ADA compliant parking spaces
• Installation of a split rail fence
• Collapsible bollards
• Hammerhead style turnaround
Increased Parking Spaces
The Expressway Parking Lot currently has sixty -nine (69) parking spaces, including one (1) ADA marked space. The ADA guideline recommends a minimum of three (3) accessible spaces for parking lots of this size. To increase the number of spaces and to comply with ADA, two tree wells will be removed and converted to three (3) parking spaces. The current trees in these tree wells are in poor health. With the additional spaces, the Expressway Parking Lot will provide a total of seventy -two (72) parking spaces, three (3) of which will be ADA compliant spaces.

Split Rail Fence & Bollards
The edge of the existing parking lot shared by the pedestrian pathway currently does not have a physical barrier. A split rail fence will be installed between the parking lot and the existing pedestrian pathway to prevent vehicles from driving into the pedestrian pathway. Additionally, three (3) new collapsible bollards will be installed at the entrance of the emergency pathway access point to prevent vehicles accessing the pathway including potential vehicles driving on the pathway to load and off load equipment. 6 Packet Pg. 45
Approval of Plans, Specs, Etc., for John D. Morgan Park Page 3 of 5 Hammerhead Style Turnaround
The existing parking lot does not provide adequate space for vehicles to turn around when all the parking spaces are occupied. The Project will provide an additional strip of asphalt concrete marked as “no parking”, allowing vehicles to turn around.

The final plans and specifications for the John D. Morgan Park Parking Lot Improvements (23-DD) are now complete and can be viewed online here.

Project Schedule
The following is the anticipated schedule:

Approval of Final Plans and Specifications October 1, 2024 Advertise for Bids October 9, 2024
Opening of Bids & Award Contract November 4, 2024
Construction Begins November/December 2024
Construction Completed February 2025

FISCAL IMPACT
The source of funding for this project is the Parkland Dedication Fund in the amount of $240,000 that was appropriated as part of the Capital Improvement Program (CIP) for Fiscal Year 2022/23. The final engineer’s cost estimate for the construction is $142,000.

Adding a 10% construction contingency of $14,200, the total estimated construction cost is $156,200.

The anticipated Source and Use of Funds for the project is as follows:

SOURCE OF FUNDS
Adopted
Budget
Updated
Budget
Parkland Dedication Fund $240,000 $256,200
TOTAL $240,000 $256,200

ANTICIPATED USE OF FUNDS
Amount
Design $71,000
Construction Engineering $29,000
Construction Contract & Contingency $156,200
TOTAL $256,200
The Project engineer’s estimate of $256,200 is $16,200 over the adopted budget. The increase in the estimate is a result of the following: 1) the poor existing asphalt condition of the pavement surface requires significant amount of pavement repair work and 2) 6 Packet Pg. 46
Approval of Plans, Specs, Etc., for John D. Morgan Park Page 4 of 5 cost for the split rail fence. The engineer’s estimate reflects recent comparable bid unit prices.

Staff recommends increasing the project budget by adding $16,200 from the Parkland Dedication Fund for a total Project budget of $256,200.

The proposed Resolution has been prepared for: 1) approving the Plans and Specifications for the John D. Morgan Park Parking Lot Improvements (23 -DD), 2) authorizing the solicitation of bids; 3) approving and a warding the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $142,000, plus a 10% contingency of $14,200; 4) authorizing the City Manager to execute said contract as specified in Campbell Municipal Code Section 3.20.100; 5) authorizing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; 6) authorizing the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities; and 7) authorizing the Finance Director to perform associated budget adjustments.

ALTERNATIVES

1. Do not approve the Project Plans and Specifications and direct staff to re -scope the Project.

Prepared by:

Amy Olay, City Engineer
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
6 Packet Pg. 47
Approval of Plans, Specs, Etc., for John D. Morgan Park Page 5 of 5 Attachment:
a. Resolution
b. Construction Contract
c. Budget Adjustment
6 Packet Pg. 48
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING SOLICITATION OF

BIDS, APPROVING AND AWARDING CONTRACT, AND OTHER ASSOCIATED ACTIONS FOR THE JOHN D. MORGAN PARK PARKING LOT
IMPROVEMENTS (23-DD)
WHEREAS, there are three parking lots in total that service the John D. Morgan Park , and
WHEREAS, the John D. Morgan Park Parking Lot Improvements, Project 23 -DD (Project) will focus on improvements to the Expressway Parking Lot to address safety and infrastructure needs; and
WHEREAS, the final plans and specifications for the John D. Morgan Park Parking Lot Improvements (23-DD) have been completed; and
WHEREAS, the Project will result in a total of seventy -two (72) parking spaces, three (3) of which are ADA compliant spaces; and
WHEREAS, a split rail fence will be installed between the parking lot and the existing pedestrian pathway to prevent vehicles from driving into the pedestrian pathway; and WHEREAS, three (3) new collapsible bollards will be installed at the entrance of the emergency pathway access point to prevent vehicles accessing the pathway including potential vehicles driving on the pathway to load and off load equipment; and WHEREAS, the Project will provide an additional strip of asphalt concrete marked as “no parking”, allowing vehicles to turn around; and
WHEREAS, the increase in the cost estimate is a result of the poor condition of the pavement surface requiring significant amount of pavement repair work and the cost for installing the split rail fence; and
WHEREAS, staff recommends increasing the project budget by adding $16,200 from The Parkland Dedication Fund for a total Project budget of $256,200.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby 1) approves the plans and specifications for the John D. Morgan Park Parking Lot Improvements (23 -DD), 2) authorizes the solicitation of bids; 3) a pproves and awards the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $142,000, plus a 10% contingency of $14,200; 4) authorizes the City Manager to execute said contract as specified in Campbell Municipal Code Section

3.20.100; and 5) authorizes the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; 6) authorizes the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Campbell hereby authorizes the Finance Director to perform associated budget

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Attachment: Resolution (Approval of Plans, Specs, Etc., for John D. Morgan Park) adjustments to increase the project budget by $16,200.

PASSED AND ADOPTED this ___ day of ___________ 2024, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
___________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Approval of Plans, Specs, Etc., for John D. Morgan Park)

CONTRACT

BETWEEN CITY OF CAMPBELL AND

FOR CONSTRUCTION OF
JOHN D. MOR

GAN PARK PARKING LOT IMPROVEMENTS
PROJECT NO. 23-DD
THIS AGREEMENT, made and concluded in duplicate, this day of , 20 __ by and between hereinafter referred to as "CONTRACTOR", and the City of Campbell, a Municipal Corporation, hereinafter referred to as "CITY". City and Contractor are also referred to individually as a “Party” or collectively, as the “Parties”.

WITNESSETH, that the parties hereto do mutually agree as follows:

ARTICLE I. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by CITY, and under the conditions expressed in the two (2) bonds, bearing even date with these presents, and hereunto annexed, the CONTRACTOR agrees with the CITY, at its own proper cost and expense, to do all the Work and furnish all plant, labor, services, tools, equipment, supplies, transportation, utilities, and materials, except such as are mentioned in the Contract Documents to be furnished by the CITY, necessary to construct and complete to the satisfaction of the Engineer, in accordance with the Contract Documents for:

JOHN D. MORGAN PARK PARKING LOT IMPROVEMENTS
PROJECT NO. 23-DD
, hereinafter referred to as the “Project” or the “Work” in strict conformity and compliance with the Contract Documents, and to do everything required by said Contract Documents as hereinafter defined.

ARTICLE II. It is expressly agreed and understood by each and every party to this Agreement that the following docu
ments are hereby inco rporated and made a part of this Agreement (hereinafter the “Contract Documents”):

1. All applicable Laws and Regulations

2. Duly issued Agreement modifications, and allowance authorization(s) signed by the City, in chronological order by effective date of each

3. This Agreement, including all exhibits

4. Labor and Material Bond (Payment Bond)

5. Performanc e Bond

6. Maintenance Bond (if required)

7. Insurance C
ertificate

8. Invitation for Bids for John D. Morgan Park Parking Lot Improvements Project No. 23-DD, including the Project Specifications, drawings, and plans, all Exhibits, and all Adden da in the reverse order of issuance

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Attachment: Construction Contract (Approval of Plans, Specs, Etc., for John D. Morgan Park)

9. Project Specifications, including all drawings

10. Standard Specifications, as hereinafter defined
The parties to this Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. There are no Contract Documents other than those indicated above. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE III. It is expressly agreed and understood by the Contractor that the “Standard Specifications” consists of the documents on file at the Public Works Department of the City of Campbell, entitled:

1. The City of Campbell General Provisions, dated March 2002;

2. The City of Campbell Standard Specifications and Details for Public Works Construction (CCSS), dated July 1994

3. The City of San Jose Standard Specifications (SJSS) and Standard Details (SJSD), dated July 1992

4. Standard Specifications of the State of California, Department of Transportation, dated 2018 (“State Specifications”); and

5. State of California /Caltrans: California Manual on Uniform Traffic Control Device s (CA MUTCD) (2014 Revision 8).

Where conflicts arise between the Standard Specifications, the parties agree that the Standard Specifications shall take precedence in the order in which they are listed above. Inclusion of an order of precedence herein does not in any way negate or reduce Contractor’s obligation to report conflicts, discrepancies, apparent omissions, and similar matters to the City.

ARTICLE IV. The CITY hereby promises and agrees with the CONTRACTOR to employ, and does hereby employ, the CONTRACTOR to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions herein set forth; and the CITY and the CONTRACTOR, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE V. The CONTRACTOR agrees to receive and accept the prices indicated in the Contractor's signed Bid as full compensation for furnishing all materials and for doing all the Work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the Work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the CITY, and for all risks connected with the Work; also for all expenses incurred by or in consequence of the suspension or discontinuance of Work and for well and faithfully completing the Work, and the whole thereof, in the manner and according to the Contract Documents and the requirements of the Engineer, and also for furnishing the required bonds and insurance, and for doing all other things mentioned, contemplated or embraced in this Contract, and the Contract

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Attachment: Construction Contract (Approval of Plans, Specs, Etc., for John D. Morgan Park) Documents.

ARTICLE VI. All activities of Contractor, its employees, agents, and/or subcontractors will be carried out in accordance with all applicable federal, state, and local laws and regulations.

ARTICLE VII. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to his employees.

By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the Labor Code which requir
es every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the Work of this Contract.

ARTICLE VIII. The Project is a work of public improvement over which the CITY shall exercise general supervision. The CITY shall have the right to assume full and direct control over this Contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the United States or the State of California so requires.

ARTICLE IX. The general prevailing wage rates as heretofore specified and any minimum wage rates indicated in the Special Provisions are hereby specifically referred to and by this reference are made a part of this Contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid of CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said Bid conflicting herewith.

ARTICLE X. Contractor shall be responsible for complying with the provisions of California Labor Code Section 1771.1(a) which states:

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

ARTICLE XI. Contractor and any subcontractors under the Constructor shall comply with Section 1775 of the California Labor Code regarding prevailing wages.

ARTICLE XII. Contractor shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records, as more specifically described in the City’s Standard Specifications.

ARTICLE XIII. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices, as more specifically described in the City’s Standard Specifications.

ARTICLE XIV. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours, as more specifically described in the City’s Standard Specifications.

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Attachment: Construction Contract (Approval of Plans, Specs, Etc., for John D. Morgan Park) ARTICLE XV. Contractor's attention is directed to the City ’s Standard Specifications regarding trench excavation.

ARTICLE XVI. In accordance with the City’s Standard Specifications, the sum of Two Thousand Eight Hundred Dollars ($2,800) will be assessed as liquidated damages for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed.

Liquidated damages shall also be assessed for non- compliance with the requirements stated in "Hours of Work" under Section 10-1, “General Construction Requirements”, of these Special Provisions, and Section 10-2, "Traffic Control Requirements.” The City further agrees that the Contractor shall not be assessed liquidated damages for delay in completion of the proje
ct, when such delay was caused by the failure of the City or the owner of the utility to move or relocate such utility facilities as set forth in California Government Code Section 4215.

ARTICLE XVII. Contractor shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavations that extend deeper than four (4) feet below the surface. No change order issued pursuant to California Public Contracts Code Section 7104 shall provide for any increase in compensation that would exceed the recovery allowed pursuant to the “Claims” section of the Special Provisions.

ARTICLE XVIII. The City of Campbell shall notify Contractor of the receipt of any third-party claim relating to this contract within 30 days of receipt. The City of Campbell may recover its reasonable costs incurred in providing such notification, pursuant to subdivision (c) of Public Contract Code Section 9201. Notwithstanding this notification provision, the City of Campbell reserves its full authority to compromise or otherwise settle any claim relating to this contract at any time.

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

IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written, and having fully read and understood the terms and conditions of this contract, acknowledge their agreement to be bound thereby.

CONTRACTOR
N a m e :

T i t l e :
(Attach Contractor's Acknowledgment)

CITY OF CAMP
BELL

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Attachment: Construction Contract (Approval of Plans, Specs, Etc., for John D. Morgan Park) Name: Brian Loventhal
Title: City Manager
ATTEST:

N a m e :

Title: City Clerk

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Attachment: Construction Contract (Approval of Plans, Specs, Etc., for John D. Morgan Park) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

October 1, 2024 BA-5
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
435.990 6999 Capital Transfer In (from Park Dedication Fund) 16,200

EXPENDITURES
435.23DD 7883 Construction 16,200
295.990 9999 Capital Transfer Out (to CIP Fund) 16,200
REASON FOR REQUEST - BE SPECIFIC:

Finance Director Public Works Director City Manager
Public Works
Will Fuentes Todd Capurso Brian Loventhal
23-DD John D. Morgan Park Parking Lots
To appropriate an additional $16,200 towards the John D. Morgan Park Parking Lot (23-DD) project due to increased estimated costs related to poor existing asphalt conditions and the cost for split rail fence.

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Attachment: Budget Adjustment (Approval of Plans, Specs, Etc., for John D. Morgan Park) City
Council
Report
TITLE: Resolution Authorizing the Execution of a Purchase Order with Terex Financial Services, in the Amount $34,410, for the Procurement of One (1) Ford F -650 Chassis (Truck) Equipped with an LT -40 Aerial Lift Device from Terex Utilities, by the Way of the City’s Membership with Sourcewell (A Cooperative Purchasing Firm) and the Bidding Exemptions Specified in Campbell Municipal Code Section

3.20.30(6), as Programmed in the Approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and Approving the Issuance of Subsequent Purchase Orders for Five (5) Additional Years, in the Total Amount of $344,110, for Their Associated Leasing Costs Over a Five -Year Term (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution: 1) authorizing the execution of a purchase order with Terex Financial Services, in the amount of $34,410, for the procurement of one (1) Ford F-650 chassis (truck) equipped with an LT-40 Aerial Lift Device from Terex Utilities, by the way of the City’s membership with Sourcewell (a cooperative purchasing firm) under the bidding exemptions specified in Campbell Municipal Code Section

3.20.30(6), as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25; and 2) approving the issuance of subsequent purchase orders for five (5) additional years, in the total amount of $344,110, for their associated leasing costs over a five-year term.

BACKGROUND
Each fiscal year, the Public Works Department – Maintenance Division plans, schedules, and budgets for the maintenance and replacement of the City’s fleet vehicles, including three diesel -powered trucks used for a variety of services and special projects. One of these diesel vehicles, a Ford F -650 aerial lift (boom) truck, is operated by the Division’s Signals and Lighting Maintenance Section , who rely on its bucket lift for access to elevated fixtures and other service needs.

Manufactured by Ford in 2000 and purchased by the City that same year, the truck is powered by a Cummins 5.9L diesel engine and is equipped with an aerial bucket lift that enables staff to safety maneuver around job sites and perform repair or maintenance services at high elevations. The truck is often used for servicing the City’s streetlights, Item: 7
Category: CONSENT CALENDAR
Meeting Date: October 1, 2024
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Procurement of Ford F-650 Aerial Lift Truck Page 2 of 4 poles, traffic signs, and signalized intersections, and for decorative tree lighting or other types of exhibits displayed during seasonal events or special occasions. Furthermore, the bucket itself provides ample space for lifting tools and other equipment necessary for staff to perform these tasks in a safe and efficient manner.

For the past 24 years, the lift truck has been routinely maintained according to the manufacturer’s recommended service schedule. It is used exclusively within the City for specialized tasks that require access to elevated areas, resulting in low overall mileage and minimal mechanical problems. Although the truck has not experienced any significant mechanical failures, the lift bucket is outdated and lacks the modern technology and safety features found in newer lift devices.

Additionally, operating the truck's diesel engine has become increasingly challenging due to various carbon emissions laws passed by the State in recent years. One key regulation, the California Clean Idle Law, prohibits diesel -powered vehicles or equipment from idling for more than five minutes while stationary. Initially passed in 2008 to reduce emissions from large commercial vehicles traveling statewide, the law was expanded in 2022 to include all diesel vehicles manufactured before 2010 with a gross vehicle weight of 14,000 pounds or more. Under these updated criteria, staff would face significant restrictions on operating the bucket lift, as it requires the truck's engine to remain running while in use.

DISCUSSION
In 2022, staff began exploring options for retrofitting or replacing the City’s existing lift truck to ensure compliance with State regulations. After careful consideration, it was determined tha t replacing the truck would be more cost -effective in the long run as it would minimize future operational expenses and avoid the need for additional retrofitting if laws were to be further updated. Staff then focused its search on companies specializing in the supply of heavy -duty maintenance vehicles and the installation of specialty aftermarket equipment. As a result of those efforts, staff reached out to Terex Financial (Terex), a company the City had recently partnered with for the purchase of a smaller aerial truck, to inquire about available vehicles, aerial lift equipment, and financing options.

In response to staff’s inquiry, Terex provided specifications for their LT -40 aerial lift device mounted on a Ford F -650 chassis (Attachment B). According to these specifications, the Terex LT -40 lift is fully electric and equipped with its own plug -in power source, eliminating the need for the truck’s engine to run during operation.

Additionally, the City would have the option to customize the truck and/or the bucket lift with additional features to enhance and expand its service capabilities.

Furthermore, Terex’s membership with Sourcewell, a cooperative purchasing firm, enables the City to bypass its formal bidding procedures as outlined in Campbell 7 Packet Pg. 58
Procurement of Ford F-650 Aerial Lift Truck Page 3 of 4 Municipal Code Section 3.20.30(6), for the procurement of goods and services from pre- qualified vendors who have been vetted in accordance with industry standards for government agencies. Through Sourcewell, Terex can also offer discounts on the truck’s manufacturing cost and provide the City with flexible payment options for the associated expenses upon delivery.

In August 2024, staff informed Terex of their decision to proceed with the selection of the Ford F -650 chassis outfitted with the Terex LT -40 aerial lift device. In response, Terex submitted a capital lease proposal outlining the manufacturing and delivery costs (see Attachment C). The proposal detailed two purchasing options for the City’s consideration: 1) a one -time payment of $297,371 to purchase the lift truck outright, or 2) lease the lift truck over a five -year (60-month) term, with no down payment due at signing, and a fixed monthly payment ($5,735.20) activated only upon delivery of the vehicle. With the outright purchase requiring a significant amount of capital outlay, staff has decided that the monthly payment plan with the $1.00 capital buyout option is the most cost-effective option for the City at this time.

Upon delivery of the new vehicle, the City’s current lift truck will be decommissioned and sold at auction. The additional revenue generated by its sale will be returned to the City’s Motor Vehicle Pool Fund to help offset the leasing costs associated with the new truck or fund other maintenance and service expenses for the City’s fleet vehicles and/or machinery.

NEXT STEPS
Staff is requesting City Council authorization to execute a purchase order with Terex Financial, in the amount of $34,410 for FY 25 , to procure one (1) Ford F -650 truck chassis equipped with an LT -40 aerial lift device from Terex Utilities, through the City’s membership with Sourcewell, and as programmed the approved Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7884) for FY 25. Additionally, staff is requesting the City Council’s approval to issue subsequent purchase orders for five (5) additional years, in the total amount of $344,110, to cover their associated leasing costs over the five-year terms.

FISCAL IMPACT
Pending City Council approval, staff plans to order the truck from Terex by November 2024 and anticipates the new truck to arrive in January 2025. Based on that timeline, the recommended action will have a fiscal impact of approximately $34,410 in FY 25 for the six months of payments to begin upon delivery (January to June, 2025). As such, sufficient funding is available to begin issuing payments upon delivery as reflected in the approved FY 25 Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7884).
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Procurement of Ford F-650 Aerial Lift Truck Page 4 of 4 Under the five-year leasing agreement, with fixed monthly payments of $5,735, the City will incur an annual expenses in the amount of $68,822 over the next four (4) years (FY 26, 27, 28, and 29), and $34,410 for the final six months of payments – to be made during the first half of FY 30. These amounts will be allocated to the Vehicle and Equipment Maintenance Operating Budget during those respective fiscal years to ensure sufficient funds are available for the associated payments. The total cost of the lease over that five-year period will be $344,110, with an additional $1.00 due at the end of those terms to secure the City’s ownership of the vehicle in accordance with the agreement’s buyout option.

ALTERNATIVES

1. Do not proceed with the five -year lease plan; purchase the truck outright with an alternative funding source. This option would require an alternative budget adjustment.

2. Provide alternative direction to staff.

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. Terex Truck Specifications
c. Terex Financial Services – Capital Lease Proposal
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL: 1) AUTHORIZING

THE EXECUTION OF A PURCHASE ORDER WITH TEREX FINANCIAL SERVICES, IN THE AMOUNT OF $34,410, FOR THE PROCUREMENT OF ONE (1) FORD F-650 CHASSIS (TRUCK) EQUIPPED WITH AN LT-40 AERIAL LIFT DEVICE FROM TEREX UTILITIES, BY WAY OF THE CITY’S MEMBERSHIP WITH SOURCEWELL (A COOPERATIVE PURCHASING FIRM) AND

THE BIDDING EXEMPTIONS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION

3.20.30(6), AS PROGRAMMED IN THE APPROVED PUBLIC WORKS VEHICLE AND EQUIPMENT MAINTENANCE OPERATING BUDGET FOR FY 25; AND 2) APPROVING THE ISSUANCE OF SUBSEQUENT PURCHASE ORDERS FOR FIVE (5) ADDITIONAL YEARS, IN THE TOTAL AMOUNT OF $344,110, FOR THEIR ASSOCIATED LEASING COSTS OVER A FIVE-YEAR TERM.

WHEREAS, the Public Works Department – Maintenance Division plans, schedules, and budgets for the maintenance and replacement of the City’s fleet vehicles, including three diesel -powered trucks; and
WHEREAS, one of these diesel vehicles, a Ford F -650 aerial lift (boom) truck, is operated by the division’s Signals and Lighting crew for servicing elevated fixtures throughout the City; and WHEREAS, manufactured by Ford in 2000 and purchased by the City that same year, the truck is powered by a Cummins 5.9L diesel engine and equipped with an aerial bucket lift that enables staff to service the City’s streetlights, poles, traffic signs, and signalized intersections, and for decorative tree lighting or other types of exhibits displayed during seasonal events or special occasions; and WHEREAS, while the truck remains in operation after 24 years of service, the lift bucket is outdated and lacks the modern technology and safety features found in newer lift devices; and WHEREAS, operating the truck's diesel engine has become increasingly challenging due to various carbon emissions laws passed by the State in recent years – including the California Clean Idle Law which prohibits diesel-powered vehicles or equipment from idling for more than five minutes while stationary; and
WHEREAS, in 2022, the law was expanded to include all diesel vehicles manufactured before 2010 with a gross vehicle weight of 14,000 pounds or more, thereby restricting staff’s ability to operate the bucket lift as it requires the truck's engine to remain running while in use; and WHEREAS, staff began exploring retrofitting and replacement options to ensure the truck’s compliance with State regulations; and
WHEREAS, in 2022, staff reached out to Terex Financial (Terex), a company the City had recently partnered with for the purchase of a smaller aerial truck, to inquire about available vehicles, aerial lift equipment, and financing options; and
WHEREAS, Terex responded by providing specifications for a Ford F-650 truck chassis fitted with their LT-40 aerial lift device – a fully electric lift equipped with its own plug -in power source to eliminate the need for the truck’s engine to remain on while in use; and

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Attachment: Resolution (Procurement of Ford F-650 Aerial Lift Truck) WHEREAS, Terex’s membership with Sourcewell, a cooperative purchasing firm, enables the City to bypass its formal bidding procedures as outlined in Campbell Municipal Code Section 3.20.30(6), for the procurement of goods and services from pre -qualified vendors who have been vetted in accordance with industry standards for government agencies; and WHEREAS, in August 2024, Terex Financial submitted a capital lease proposal with the following purchase options for the City’s consideration: 1) a one-time payment of $297,371 to purchase the lift truck outright, or 2) lease the lift truck over a five-year (60-month) term, with no down payment due at signing, and a fixed monthly payment ($5,735.20) activated only upon delivery of the vehicle; and WHEREAS, with $75,000 allocated for heavy-duty equipment and vehicle lease expenses in the approved FY 25 Public Works Vehicle and Equipment Maintenance Operating Budget, the proposed leasing plan with the $1.00 capital buyout option is the most cost-effective option for the City at this time; and
WHEREAS, upon delivery of the new vehicle, the City’s current lift truck will be decommissioned and sold at auction – with funds to be returned to the balance of the City’s Motor Vehicle Pool Fund to help offset these leasing costs or fund other maintenance and service expenses; and WHEREAS, staff is requesting City Council's authorization to execute a purchase order with Terex Financial, in the amount of $34,410, to procure one (1) Ford F -650 truck chassis equipped with an LT-40 aerial lift device from Terex Utilities, through the City’s membership with Sourcewell, and as programmed the approved Public Works Vehicle and Equipment Maintenance Operating Budg et (641.750.7884) for FY 25; and
WHEREAS, sufficient funds are available in the approved Public Works Vehicle and Equipment Maintenance Operating Budget to begin payments upon the vehicle’s delivery in FY 25; and WHEREAS, staff is also requesting City Council's approval to issue subsequent purchase orders for five (5) additional years, in the total amount of $344,110, for all financing costs through that five-year term; and
WHEREAS, staff will ensure sufficient funds are programmed each fiscal year in the City’s Operating Budget to cover the annual leasing costs of approximately $68,822 over the next four (4) years (FY 26, 27, 28, and 29) , $34,410 in FY 30, and the $1.00 due at the end of those terms to secure the City’s ownership of the vehicle in accordance with the agreement’s buyout option.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby :
approves 1) the execution of a purchase order with Terex Financial Services , in the amount of $34,410, for the procurement of one (1) Ford F-650 truck chassis equipped with a n LT-40 aerial lift device from Terex Utilities, by way of the City’s membership with Sourcewell (a Cooperative Purchasing Firm) and the bidding exemptions specified in Campbell Municipal Code Section

3.20.30(6), as programmed the approved Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7884) for FY 25, and 2) approves the issuance of subsequent purchase orders for five (5) additional years, in the total amount of $344,110, for their associated leasing costs over a five-year term.

PASSED AND ADOPTED this 1st day of October, 2024, by the following roll call vote:

AYES: Council members:

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Attachment: Resolution (Procurement of Ford F-650 Aerial Lift Truck) NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Procurement of Ford F-650 Aerial Lift Truck) .xx
SCALE: 1:32
PAGE: 1 of 4DATE: 7/19/2024
1"
.x
x. BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES. .25"
SOUTH DAKOTA INC. AND SHALL NOT BE RELEASED, DISCLOSED, USED NOR DUPLICATED WITHOUT THE WRITTEN PERMISSION OF TEREX SOUTH DAKOTA, INC.

THIS DRAWING, WRITTEN DESCRIPTION OR SPECIFICATION REPRESENTS TEREX .5"
PLEASE NOTE ANY CRITICAL DIMENSIONS.PLEASE NOTE ANY CRITICAL DIMENSIONS.

HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

SOUTH DAKOTA INC. AND SHALL NOT BE RELEASED, DISCLOSED, USED NOR .xx
QU16033
NOTED
DUPLICATED WITHOUT THE WRITTEN PERMISSION OF TEREX SOUTH DAKOTA, INC.

THIS DRAWING, WRITTEN DESCRIPTION OR SPECIFICATION REPRESENTS TEREX .25" NOTED
CUSTOMER: CITY OF CAMPBELL
ACTUAL WILL BE DICTATED BY CHASSIS FEATURES. OTHERWISE
UNLESS
ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.
x. 1"
.x .5"
UNLESS

OTHERWISE
LT40

REVISIONS

REV DESCRIPTION ECN DATE CHG
BY
APP
BY

1.01 ORIGINAL 00000 - AAZ -

STREETSIDE REAR ISO VIEW

DESIGN PENDING

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

THIS DRAWING, WRITTEN DESCRIPTION OR SPECIFICATION REPRESENTS TEREX SOUTH DAKOTA INC. AND SHALL NOT BE RELEASED, DISCLOSED, USED NOR DUPLICATED WITHOUT THE WRITTEN PERMISSION OF TEREX SOUTH DAKOTA, INC. x. 1"
.x .5"
.xx .25"
UNLESS

OTHERWISE
NOTED PAGE: 2 of 4
SCALE: 1:32
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

CURBSIDE REAR ISO VIEW

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 3 of 4
SCALE: 1:32
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

CURBSIDE FRONT ISO VIEW

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 4 of 4
SCALE: 1:32
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

STREETSIDE FRONT ISO VIEW

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 12'-0"
EST
OAH

STREETSIDE VIEW

REVISIONS

REV DESCRIPTION ECN DATE CHG
BY
APP
BY

1.01 ORIGINAL 00000 - AAZ -
SHIP LOOSE: 9 34 35 36
NOT SHOWN: 40 , 42 - 50
NOTED
QU16033
DATE: 7/19/2024
BOM: BM16033
.xx .25"
PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

DUPLICATED WITHOUT THE WRITTEN PERMISSION OF TEREX SOUTH DAKOTA, INC.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.
1" x.
.x .5"

THIS DRAWING, WRITTEN DESCRIPTION OR SPECIFICATION REPRESENTS TEREX THIS DRAWING, WRITTEN DESCRIPTION OR SPECIFICATION REPRESENTS TEREX DUPLICATED WITHOUT THE WRITTEN PERMISSION OF TEREX SOUTH DAKOTA, INC. .xx NOTED PAGE: 1 of 8
SCALE: 1:32
.25"
UNLESS

OTHERWISE
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

SOUTH DAKOTA INC. AND SHALL NOT BE RELEASED, DISCLOSED, USED NOR ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

SOUTH DAKOTA INC. AND SHALL NOT BE RELEASED, DISCLOSED, USED NOR x. 1"
.x .5"
UNLESS

OTHERWISE
LT40
38 39 103 56 48 1132 C51
23'-11" EST OAL

7.b
Packet Pg. 68
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 18 DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 2 of 8
SCALE: 1:32
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

CURBSIDE VIEW
82 3910

7.b
Packet Pg. 69
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 3 of 8
SCALE: 1:32
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

DETAIL A
SCALE 1 : 16
7 30 31 25 2426 28 2937

FRONT VIEW REAR VIEW
16 18 37
19 19
A

7.b
Packet Pg. 70
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 4 of 8
SCALE: 1:10
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40
23 DETAIL B
SCALE 1 : 5
3922

DETAIL VIEW - TAILSHELF
13 41
14 15 21
B

7.b
Packet Pg. 71
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 5 of 8
SCALE: 1:40
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40
1 12
1720 33 39 AE 52

TOP VIEW W/BOOM & W/O BOOM

7.b
Packet Pg. 72
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 8 DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 6 of 8
SCALE: 1:28
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40
120 MAX SPREAD

SECTION VIEW

7.b
Packet Pg. 73
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck)

66.75 CLR

74.25 FOB

77.50 FJ

84.0±1 CA
158.0±1 WB

84.50 EOF
25±2

38.0 LFH
15°

57.0±.5
DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 7 of 8
SCALE: 1:32
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

STREETSIDE FRAME LAYOUT VIEW
B
D
27 F

53.7 7.b
Packet Pg. 74
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) DATE: 7/19/2024
BOM: BM16033PRODUCT:HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED PAGE: 8 of 8
SCALE: 1:40
CUSTOMER: CITY OF CAMPBELL
HEIGHTS AND CLEARANCES ARE ONLY ESTIMATES.

ACTUAL WILL BE DICTATED BY CHASSIS FEATURES.

PLEASE NOTE ANY CRITICAL DIMENSIONS.

OTHERWISE
NOTED
QU16033
LT40

NOTES PAGE
GENERAL NOTES:
*PTO: MUNCIE
- BODY COMPARTMENTATION NOT SHOWN. SEE BODY DWG FOR DETAILS.

D ANGLE OF DEPARTURE IS DRIVEN BY REAR BUMPER STEP HEIGHT AND END OF TAILSHELF.

C MOUNT MUDFLAPS PER SOP TSWI 1302.

B CHASSIS CAB HEIGHT FROM TOP OF FRAME TO HIGHEST POINT.

A BASKET REST IS TO BE MOUNTED CENTERED UNDER BASKET AND IS POSITIONED FOR REFERENCE ONLY.

F FRAME EXT. REQUIRED REFERENCE P#99057.

EXTENSION TO BE ADDED PER SOP TSWI 1282.

E ALL REMOVABLE TAILBOARDS ARE TO HAVE KEEPER PIN AND CHAIN RETAINER.

NAME P/N HEIGHT/LENGTH
PEDESTAL 623313 53.8"

NO BODY
2nd VENDOR

SF/JACKS

NAME P/N QTY
TIE DOWN DRAWING 499275

SUBFRAME
FRONT O/R 436544 1

REAR O/R
TIE DOWN KIT 499274
WRAPPER 437947 1

DK ACKNOWLDGEMENT INFORMATION
*FOLLOW PRINT *##* FOR HOSE TUNNEL

BODY VENDOR INFORMATION

BODY WITH

JACK & SF

INSTALLED

BODY ONLY

XMUST CHECK ONE

EST ESTIMATED

OAH OVERALL HEIGHT

OAL OVERALL LENGTH

OAW OVERALL WIDTH

CA CENTER OF AXLE

CT CENTER OF TANDEM (TIRES)

WB WHEELBASE

EORL END OF RAIN LIP

EOF END OF FRAME

LFH LOADED FRAME HEIGHT

CLR CENTER LINE OF ROTATION

ABBREVIATIONS

7.b
Packet Pg. 75
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck)

CITY OF CAMPBELL
BM16033
Items marked with an "*" are for reference only.

FNL FLR S/L ITEM PART # DESCRIPTION QTY
1 *1018001 SMARTPTOV3,7.2KWH,LVL1,OC,12VEXP (S/L) 1
2 *1018001 SMARTPTOV3,INTERFACE,USER 1
3 *1018001 SMARTPTOV3,LVL1 CHARGE PORT 1
4 65336212 LEFT SPRING,REAR,FREIGHTLINER 1
5 65331248 CENTER BOLT,1/2 in.-12 1
6 65348936 U-BOLT,ROUND,7/8-14UNF,3X22 2
7 65325247 KIT,BACK UP ALARM 1
8 92520 OR PAD,ALUM,24 in.X24 in.X3 in.,SAUBER 2
YES 9 88747 MOLDED WHEEL CHOCK 2
10 65386933 WELDT,CONE HLDR,HOOP,FRAME MOUNTED 2
11 93216 MUD FLAP,TEREX LOGO,.38 in.X24 in.X18 in.L 2
12 105227 BOOM REST,FLOOR MT,LT40,STD BOOM TIE DWN 1
13 65320749 KIT,REAR LIGHT,LED,7 LAMP,PETERSON 1
14 65304488 KIT,LICENSE PLATE 1
15 65395251 BRACKET,RAISED,LICENSE PLATE MOUNTING 1
16 65349157 STROBE LIGHT,AMBER,4 in.LED 2
17 65386900 LIGHTBAR LIBERTY II WECAN 59 AMBER 1
18 65325069 CONTROLLER,WHELEN LIGHTBAR 1
19 65387362 STROBE,900 SERIES,AMBER 2
20 65378424 SPOTLIGHT LED HH REMOTE CTRL NIGHTRAY 2 1
21 94777 TRAFFIC ADVISOR,LED,ARROWBOARD,45 ft.CORD 1
22 607308 BUTTON,SINGLE PUSH 1
23 437033 DECAL ENGINE STOP/START PUSH RELEASE ON SHEETS 433 1 24 65391561 WELDT RCVR BMPR CNTR SECT FP&L 1
25 93476 MOUNT,PINTLE HOOK,4HOLE,PH8 OR PH15 1
26 92495 PINTLE HOOK,COMBINATION,2 in.,8 TON, 1
27 65347382 FRAME EXTENSION 10.13 X3.13 X48 2
28 65393535 ICC TUBE PINTLE BUMPER 4X3X.25 29.25L 2
29 99005-09 CAP,END,3 in.X4 in. 2
30 615587 SINGLE TRAILER SOCKET MOUNTING 1
31 65320556 TRAILER SOCKET,7-WAY RV,HEAVY DUTY 1
32 92850 STABILIZER KIT 1
33 419419 OIL,HYDRAULIC,ISO 15 20
YES 34 65303167 CHAIN SAW,31.5 in.REACH,16 in.CUT CAPACITY, 1 YES 35 65328210 HOSE,TOOL,TWIN,3/8 in.X8 ft. 1
YES 36 65311066 KIT,SAFETY,5LB FIRE EXTINGUISHER 1
37 65334949 CAMERA BACK UP 5 MONITOR COLOR LCD 1
38 94704 HSR001 FRT TIMBREN LOAD BOOSTER IHC&FORD 1
07/25/2024 QU16033 Rev 1.002

Page 1 of 2 ends

7.b
Packet Pg. 76
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck)

CITY OF CAMPBELL
BM16033
Items marked with an "*" are for reference only.

FNL FLR S/L ITEM PART # DESCRIPTION QTY
39 104106 BOM DECAL KIT STANDARD INSTALL 1
40 75003 TUBE ASSY.5 ZP ONE BEND 1
41 95670 WIRE HARNESS,7 LAMP,LIGHT BAR,W/SS 2SP 1
42 96313 BRKT JUNCTION BOX 1
43 65341516 PANEL,BACK FOR PLASTIC ENCLOSURE 1
44 102573 LUG,COPPER 4
45 105709 UP FITTER CAN CONNECTION WIRE HARNESS OBD16 COMPAT 1 46 470147 JUNCTION BOX 10 PIN 1
47 400-03063 BUSS BAR 10 GANG 1
48 65300538 KIT INSTALL E-PUMP 1
49 65347002 HOSE ASSY PTO 1/4 X16 1
50 65374759 GUARD WIRE IN COMPARTMENT 15 L 2
51 65371631 PTO FR6Q-F1209-63NX 1
52 65393760 WELDT BASE PLAT REST POST DUAL PIVOT 1
07/25/2024 QU16033 Rev 1.002

Page 2 of 2 ends

7.b
Packet Pg. 77
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) - Compartment will have
Barn Style Overlapping Doors
SS, CS 1st Verticals
F
Dakota Bodies, Inc. 128 inches long x 48 inches high x 94 inches wide line body.

Chassis cab to axle (CA) of 74.5 inches
Body Dimensions:
48 Inches - Compartment height
18 Inches - Compartment depth
58 Inches - Load space width
29 9/16 Inches - Top of body to the top of the floor
24 Inches - Horizontal compartment height
Body Materials:
16 gauge galvanneal. - Main body material
12 gauge hot rolled treadplate compartment tops
18 gauge galvanneal - Inner door panels

18 gauge galvanneal - Outer door panels
- 5/16" Stainless Steel continuous rod - Door Hinge Rod. - Stainless Steel - Door Hinge Sockets.
14 gauge galvanneal - Wheel Panels

16 gauge galvanneal - Front bulkhead - Bolt on
18 gauge galvanized - Shelving & dividers. Dual Unistrut Body Floor and Understructure:
- Cut out in bed area floor for customer supplied aerial/digger - 12 gauge hot rolled treadplate floor.
- 6 Inch structural steel channel full frame.

Subframe Installation:
- Install customer supplied LT40 Insert in frame
- Five (5) 1/4" - 20 Jiffy clips installled on front
flat evenly spaced for tying wires
- Install bolt on lifting hooks and shippings stands
to the opposite end if one set of outriggers is provided Accessories:
- Stainless Steel automotive rotary type door latches
Stud mounted latches have hidden fasteners inside the door. - Wrap around door striker brackets
- Chain stops on all doors
-Horizontal doors to to to 45 degrees
- Rubber rolled crown type fenders.
(PN#30136)
(Wheel cut outs with fenderettes installed)
- Automotive bulb type weatherstripping w/ rounded corners. (PN# 30132) - Master door lock, hook and loop system on each door
- One (1) square fuel filler cutout in rear Streetside fender panel - Two (2) Jiffy clips installed on both sides of cutouts - Mud Flap brackets -Terex PN65325255 installed
- Two (2) - 3/4" Light holes cut out at front of body - One each side - Five (5) Studs welded to front flat
- Two (2) Studs welded to rear horizontal flat.
- Welding studs below the body for running fuel lines from fuel cap till fuel tank - Standard rope lights (3/8" LED 1" on center) Caprtments lights in all compartments Paint:
- Powdercoat Complete; Interior & Exterior, Taffeta White - Subframe wet painted Gloss Black

DO NOT SCALE DRAWING
SHEET 1 OF 11
SCALE: 1:16
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 78
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 29 9
16 "
18"
48"
58" 18"
94"
128"L Hotstick shelf
Terex Style
7-Lamp Lightbar
w/Arrowstick
cutout and box
NO Lights
(1) Mini pool type
g-handles on tailshelf
Bolt on
PN# 30748
4" High Removale
Composite
Retainer, pins & lanyards
Rear
18" 18" 18" 18"
3"
19 7
8 "
K
3/4" Light Holes @ Front of Body
(5) 1/4" x 1" Stud Bolts,
on front jack cross tube

DETAIL K
SCALE 1 : 12
3/4" Dia. Holes
in front rear of
compt. ea. side
8 3
4 "
1 13
16 "
12 3
16 "
Rear
Wall
Dual Unistrut Details
Front

DO NOT SCALE DRAWING
SHEET 2 OF 11
SCALE: 1:16
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 79
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) R21 5
8 "
74 3
8 "
100" 28"
4"

CURBSIDE
(1) Adj. Shelves
w/ (8) adj dividers
Masterlock
Chrome
G-handleGripstrut Lift up
access steps w/
(3) Adj. Shelves
w/ (8) adj dividers/shelf
(2) Wheel Chocks
Installed on CS
Flip Top
Compartment
50" 50" 28"
128"
32"

STREETSIDE
Fuel
Cutout
Masterlock
Mudflap Brackets
(3) Adj. Shelves
w/ (8) adj dividers/shelf
(1) Adj. Shelves
w/ (8) adj dividers/shelf Four (4) 1/2" CB hooks
(2-2-0)
24"
4" 9"
20 7
8 "
1 1
2 "
1/4" x 4" Lasered
Flat
8 3
4 "
1 13
16 "
12 3
16 "
Rear
Wall
Dual Unistrut Details
8 3
4 "
1 5
16 "
11 11
16 "
Rear wall

DO NOT SCALE DRAWING
SHEET 3 OF 11
SCALE: 1:16
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 80
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 22 3
4 "
22 7
8 "(4)
2 3
4 "
39 1
8 "
21"
27 15
16 "
57 3
8 " Composite
11 3
8 "
Floor Cutout Detail

DO NOT SCALE DRAWING
SHEET 4 OF 11
SCALE: 1:12
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 81
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 13 7
8 " ID
13 5
8 "
4 1
16 "
L
Flip-Top Compartmentation:
100" Long x 4" Deep 16 gauge galvanneal tray
- To access in cargo area
Overcenter pad lockable latches
(15) Adjustable dividers installed in tray on 4 inch centers

DETAIL L
SCALE 1 : 4
Install (3) Strap Hinges (#30838)
w/ 10-24x5/8" Machine screws
& 10-24 locknuts, rubber washers
100" Long CS Fliptop Detail

DO NOT SCALE DRAWING
SHEET 5 OF 11
SCALE: 1:16
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 82
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 16 3
8 " 3 1
2 "
14 5
8 " 14 5
8 "34 1
4 "
10"
16 7
16 "
1/2" Plates for Boom
rest support (2) 1/2" x 2"
SS Valve plate
DBI PN# 36139IH
CS Valve plate
DBI PN# 36138IH
Tailshelf Detail

DO NOT SCALE DRAWING
SHEET 6 OF 11
SCALE: 1:12
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 83
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 34 1
4 "14 5
8 "
9 5
8 "
27 1
8 "
31"
14 5
8 "
Center of Tailshelf
Rear of Body
2" x 2" x 1/4"
Angle
2" x 2" x 1/4"
Angle
2" x 2" x 1/4"
Angle
4" C Channel
2" x 1/2" x 33 3/4"
Welded under plate Vertically
2" x 1/2" x 14 1/4"
Welded under plate Vertically
Tailshelf Frame Detail

DO NOT SCALE DRAWING
SHEET 7 OF 11
SCALE: 1:10
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 84
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 93"
(4) 1/4" x 6" x 6"
Gussets on outside
of tubes
1/4" x 6" Lasered Flat
(2)4" x 5.4 C Channels
28"Long
1/4" x 2" x 2"
Angle 31 3/16"L
(2) 1/4"x 6" Flats
23 11/16" Long
(3) 2" x 2" x 1/4" Tubes

49.5" Long
1/4" x 6" Lasered
Flat See Detail
PN# 484174
Wet Painted Black
1/4" x 6' Lasered Flat
90" Long w/Slots
for bolting in wrapper
(2) 6" Channel
50" L
11 1
16 "
34 3
8 "
25 3
4 "
14 3
16 "
21 3
4 "
49 15
16 "
34 3
8 "
0"
50"
100"
128"
10"
EE
GG
1/2" Lasered Plate
Installed in Frame
90"
R3"
19 5
8 "
3 1
2 "
4 1
2 "

SECTION E-E
(2) 1/4" x 1" Stud Bolts,
on front side of rear horizontal flat.

SECTION G-G
90"
27 9
16 "
41"
4 1
2 "
6 3
4 "
1 1
4 "
1 1
4 "
Lasered Flat
Send to Simco
For Tapped Holes
(2) 1/4" HR Formed
Frame mounts
(1) 1" Flat w/
3/8" Tapped Holes
Welded to Wrapper
(Centered on rear Tube)
(PN# 100310)
3/8" Grade 5 Bolts

DO NOT SCALE DRAWING
SHEET 8 OF 11
SCALE: 1:14
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 85
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 8" 1"
15 15
16 "
4"
30 1
16 "
1/4" Formed angle
body mounts, ea side
81"
42 1
8 "
7 3
8 "
9 9
16 "

DO NOT SCALE DRAWING
SHEET 9 OF 11
SCALE: 1:16
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 86
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 8" ID
29 9
16 "
171 15
16 "
47" 45" 47"
2"
Ship Loose
Ladder Storage: (Ship Loose)
- 128" long X 29-9-16" high X 8" ID wide Open Ended Ladder Box with rear roller and chain retainer
- 16 gauge galvanneal construction
- Painted same as body

DO NOT SCALE DRAWING
SHEET 10 OF 11
SCALE: 1:24
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 23 3
4 "
3 4 "
11" Belt
5"
12 1
2 "
7" Gripstrut
7 1
4 "
19 1
2 "
19"
2 1
2 "
3/4" Tube
(1) Belt Step
(Ship Loose)
(2) Pad Holders
(Bolted to body w/ pendulums)
Ship Loose

DO NOT SCALE DRAWING
SHEET 11 OF 11
SCALE: 1:14
- CSIZE
DRAWN BY : DATE :

QUOTE # :

PROPRIETARY AND CONFIDENTIAL

THE INFORMATION CONTAINED IN THIS

DRAWING IS THE SOLE PROPERTY OF
DAKOTA BODIES. ANY REPRODUCTION

IN PART OR AS A WHOLE WITHOUT THE

WRITTEN PERMISSION OF DAKOTA
BODIES IS PROHIBITED.

BODY MODEL ID :

REFERENCE DB# :

DRAWING # :

REV :

WEIGHT :

CUSTOMER : END USER :

COMMENTS :

City of Campbell
Q42977C
Terex
128" Line Body
JLK 7/15/24
DB58616
Sent
QU16033

7.b
Packet Pg. 88
Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck)

Page 1 of 1 ends

Unit Model:

LT
7/22/2024

CITY OF CAMPBELL
QU16033
Quoted Color Paint Code (if required) Material Standard Offering CHASSIS CAB WHITE Specify code if other than White White BODY EXTERIOR WHITE White
BODY INTERIOR WHITE White
BOOM (ABOVE ROTATION) WHITE *** White
PEDESTAL (BELOW ROTATION) WHITE *** White

OUTRIGGERS BLACK
Bolt-On Body: Black
Welded Body: Match Body Color
***AUGER N/A *** Red
STEPS WHITE Black/White
GRAB HANDLES WHITE White
CAB GUARD N/A Black
FRONT BUMPER (AFTERMARKET) N/A Black
BODY FLOOR BLACK (NON-SKID) Black (Non-Skid)
Undercoat (Yes/No)? NO No
COMPARTMENT TOPS BLACK (NON-SKID) Black (Non-Skid)
OTHER
POLY BEDLINER (if applicable) Bed Floor Bed Walls Rear Bumper Front Bumper Other
RAPTOR LINER (if applicable) Pedestal Bed Walls Rear Bumper Front Bumper Other

ALUMINUM BOXES
(if applicable) Smooth Aluminum Boxes Treadbrite Aluminum Boxes INSIDE

OUTSIDE
NOTES

PAINT / FINAL SPEC CONFIRMATION
DATE

CUSTOMER
QU# or DK#

PAINT TO MATCH BODY
(YES or NO)
Terex Utilities, Inc. strongly recommends all paint/Final items be identified up front in the sales quote. Any paint/Final items added during engineering drawing approval or manufacturing may be subject to additional charges.
*** Requires engineering approval to change from standard TUFM1026
REV. G
4/27/20

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) SOP00058 - Ford Standard Mounting Locations Rev A
9/28/2022
Terex Standard Mounting
Locations
Ford Chassis
This document contains a list of the Terex Standard Mounting Locations for Ford trucks. The Terex Standard Mounting Location for each accessory is shown in an image followed by a description of the mounting location. Some accessories have different options and locations that can be selected in the Content page. The option that is currently selected will be highlighted yellow in the content page and in the specific worksheet. If the customer wants to change a given Terex Standard Mounting Location then the desired alternative mounting location should be stated in the comments section of the worksheet and initialed. If the Terex Standard Mounting Location is desired then the page may be left blank.

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) SOP00058 - Ford Standard Mounting Locations Rev A
9/28/2022
Image of Standard Mounting Location
Description of Standard
Mounting Location Comments if Altering From Standard
Monitor and Mounting Bracket Terex Standard: Mount
monitor and included
bracket to the top of the
windshield where the rear
view mirror would be.

Comments:

Back To Content
Camera Monitor System: Pro Vision and Other
Initial Here:______
DOT Regulations: "Vehicle Safety Technology" must be mounted not more than 4 inches below the upper edge of the area swept by the windshield wipers, or not more than 7 inches above the lower edge of the area swept by the windsheild wipers, and outside the driver's sight lines to the road and highway signs and signals.

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) SOP00058 - Ford Standard Mounting Locations Rev A
9/28/2022
Image of Standard Mounting Location
Description of Standard
Mounting Location Comments if Altering From Standard
Chassis Controller Terex Standard: The Terex
chassis controller should be
mounted using RAM bracket to
the lower center dash as shown
in the figures.

Comments:

Back To Content
Chassis Controller
Initial Here:______
DOT Regulations: "Vehicle Safety Technology" must
be mounted not more than 4 inches below the upper
edge of the area swept by the windshield wipers, or
not more than 7 inches above the lower edge of the
area swept by the windsheild wipers, and outside
the driver's sight lines to the road and highway signs
and signals.

Initial Here:______

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) SOP00058 - Ford Standard Mounting Locations Rev A
9/28/2022
Image of Standard Mounting Location
Description of Standard Mounting
Location Comments if Altering From Standard
Decals: Overall Vehicle Height Terex Standard: Comments:

Decals: Indicator Lights and Controls Terex Standard: Place the decals next to the appropriate indicator
light/control.

Comments:

Decals: Warnings Terex Standard: Warning labels
should placed in open space on the
driver side door.

Comments:

Decals: Fire Extinguisher Terex Standard: Fire extinguisher decals should be placed on the
exterior of the truck door under the
handle.

Comments:

Back To Content
Decals
Initial Here:______
Initial Here:______
Initial Here:______
Initial Here:______

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) Customer City of Campbell
IN
WO QU16033
Based On P:\Sales Order\2022\QU16033 - City of Campbell - LT40 - Opp#622506 - Qty 1\Design\Forms\QU16033 Weight Study.xls 8200 ± 425 9800 ± 860 18000 ± 1280
7900 ± 425 9600 ± 860 17500 ± 1280
300 ± 425 7400 ± 860 7600 ± 1280
Personal 500
Fuel 355
Payload 0
Tongue Load 0
**LEGAL LIMIT IS MINIMUM VALUE OF CHASSIS RATING OR FEDERAL BRIDGE LAW. ***WEIGHTS ARE ESTIMATES ONLY PLEASE NOTE ANY SPECIAL REQUIREMENTS.

Front 8200 ± 425 Rear 9800 ± 860
FEDERAL BRIDGE LAW LIMITS FRONT AXLE TO 20000LBS AND REAR AXLE TO 20000LBS.

Approved By:

Total 18000 ± 1280
Estimated Total Includes
*CHASSIS WEIGHT IS BASED ON CHASSIS SPECS.

ANY VERIATION IN ACTUAL CHASSIS WEIGHT WILL AFFECT ESTIMATED TOTAL.

Estimated Empty Weight
Leaving Terex
Actual Pre-Paint Weight
Actual Final Empty Weight
If any cells are highlighted as such, estimated
weight plus 5% of the chassis legal limit may
exceed the legal limit of the chassis.

Estimated Reserve Capacity
(Chassis Legal Limit minus
Estimated Total)
! THIS CHASSIS COULD BE OVER CHASSIS LEGAL LIMIT !
Total
5459 3419 8878
Front Rear
*Estimated Bare Chassis
Weight
**Chassis Legal Limit
Estimated Total
8500 17200 25600
A = 57
B = 38
C = 84
D = 158
REV A - 04/09/2020

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Attachment: Terex Truck Specifications (Procurement of Ford F-650 Aerial Lift Truck) 301 Merritt 7, 4th Floor
Norwalk, CT 06851
303-517-8173
1 of 1
CAPITAL LEASE PROPOSAL Date: 9/11/2024
Terex Financial Services, Inc. (TFS) in conjunction with Terex Utilities is pleased to present the following proposal for your review. This proposal, supersedes all prior written or oral proposals and discussions, is offered for discussion purposes only.

Thank you for the opportunity to present this confidential Proposal. If you have any questions, please do not hesitate to call.

Sincerely,
Evan Harvie
Terex Financial Services, Inc.

By Title Date
Please indicate approval of the terms contained herein by circling the desired term and signing above and returning this Proposal to [email protected].

THIS IS A NON-BINDING PROPOSAL AND NEITHER CUSTOMER NOR ANY OTHER PERSON SHOULD RELY

UPON IT IN TAKING OR FORBEARING FROM TAKING ANY ACTION OR ADVANCING ANY CREDIT LESSEE:

EQUIPMENT:

OEC:

STRUCTURE:

TERM (Months):

PAYMENT FACTOR*:

MONTHLY PAYMENT:

END OF LEASE OPTIONS:

FLOAT TO FUND:

City of Campbell, California
New Terex LT40 per QU31652
$297,371
Capital lease with $1.00 buyout
60 .019286
$5,735.20 (billed in arrears)
1) Purchase for $1.00
2) Continue to lease month to month
3) Renew lease for extended period
4) Return to TFS per terms of lease
The pricing is based on certain assumptions with regards to TFS’ current borrowing costs, market conditions and a spread from the swap Rate as that most closely approximates the initial term. The rate(s) will be adjusted if any of the above variables used in determining this proposed pricing differs at time of funding.

DOCUMENTATION FEES:

EXPIRATION:
$350.00 Per Schedule
Proposal is Valid for 30 Days

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Attachment: Terex Financial Services – Capital Lease Proposal (Procurement of Ford F-650 Aerial Lift Truck) City
Council
Report
TITLE: Contract Crossing Guard Services to All City Management Services (ACMS) (Resolution Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution approving a 1 -year agreement with All City Management Services Inc. for Crossing Guard Services in a total amount not -to-exceed $248,006 for Fiscal Year 2024 -25, determining that it is in the best interest of the public to dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(8), and authorize the City Manager to enter into a 1 -year agreement with All City Management Services Inc. for Crossing Guard Services.

BACKGROUND
Crossing Guard services for the City of Campbell had historically been managed by the Police Department’s Traffic Unit. This included recruiting, hiring, background checks, training, providing equipment and uniforms for the guards, supervision, and scheduling.

It had become increasingly hard to staff crossing guard positions, which led to the department recommending contracting crossing guard services for the 2023/2024 school year.

Of the nine part -time crossing guard positions, eight positions are allotted to schools in the Campbell Union School District located within the city. The ninth position is allotted to Payne Elementary School. Payne Elementary School is a part of the Moreland School District and is in the City of San Jose. A crossing guard has traditionally been staffed on Hamilton Avenue at Phoenix Drive in the City of Campbell where there is a significant amount of pedestrian and bicycle traffic across the busy intersection from the City of Campbell to Payne Elementary School.

Staff identified that All City Management Services (ACMS) was the sole private company providing crossing guards services to the cities or school districts of: Mountain View, Palo Alto, Los Gatos, Sunnyvale, Cupertino, Saratoga, Los Altos and beginning in the 2023/2024 school year, Palo Alto and Milpitas. The cities of San Jose and Santa Clara still manage their own crossing guard programs. The Morgan Hill School Unified School District and the Gilroy Unified School District are responsible for their own crossing guard programs.

Item: 8
Category: CONSENT CALENDAR
Meeting Date: October 1, 2024
8 Packet Pg. 96
Contract Crossing Guard Services Page 2 of 3
Last year, Council approved a one-year contract with All City Management Services Inc. and approved a three -year cost sharing agreement with Campbell Unified School District and Moreland School District (executed cost sharing agreements attached).

DISCUSSION
After the initial year trial period with ACMS, staff has reviewed the services in coordination with the school districts and feel that ACMS has successfully fulfilled the terms of the initial contract and provided necessary crossing guard services. Both school districts desire to continue with cost sharing and contracting services through ACMS.

ACMS has been in operation since 1985 and has over 260 crossing guard contracts in 25 states. Staff would recommend a 1 -year contract with ACMS (See attached contract). ACMS successfully provided crossing guard services for the Police Department for the 2023/2024 school year. ACMS maintained the employment of the police department crossing guards that wanted to continue employment maintaining familiarity with students and staff . ACMS was also able to fill the vacant positions that had been historically hard to recruit for and fill.

Staff would recommend that the City Council dispense with the bidding requirement of CMC section 3.20.030 as it is in the best interest of the public based on the following:
• The City of Palo Alto completed a competitive bid process comparable to the requirements of The City of Campbell’s bidding process and received no other competitive bids for the same scope of services for the 2023/24 school year. • The City of Milpitas found no other viable private contractors to provide crossing guard services for the 23/24 school year with the same scope of services the City of Campbell is requesting.
• ACMS was the only company identified by staff based on their research that provides all-inclusive crossing guard services in the Bay Area. • ACMS is the sole private provider of contract school crossing guard services to all cities and or school districts in the County of Santa Clara who do not manage their own programs.

FISCAL IMPACT
Hourly rates for crossing guards increased from $48.46 per hour to $51.03 per hour from FY24 to FY25. This resulted in a FY25 total contract amount of $248,006 (See attached contract). $230,000 was approved in the FY2 5 budget for contracting crossing guard services under expenditure account 101.604.7430. Offsetting cost share revenue 8 Packet Pg. 97
Contract Crossing Guard Services Page 3 of 3
in the amount of $ 124,002 is projected for FY25 budget under revenue account 101.604.4704. This results in a net budgeted cost of $1 24,004 to the City. This reflects an approximately $6,246 increase for the City from FY24 to FY25. Staff is not requesting a budget adjustment at this time, but will evaluate the need at mid -year and request one if necessary.

Prepared by:

Ian White, Police Captain
Reviewed by:

Gary Berg, Police Chief
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Crossing Guard Resolution
b. Campbell Union School District Cost Sharing Agreement c. Moreland School District Cost Sharing Agreement
d. Campbell CA 2024-2025 Crossing Guard Services Contract (002) 8 Packet Pg. 98
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING THE AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1-YEAR AGREEMENT WITH ALL CITY MANAGEMENT SERVICES INC. FOR CROSSING GUARD SERVICES IN A TOTAL AMOUNT NOT TO EXCEED $248,006 FOR FISCAL YEAR 2024-25, AND DETERMINING THAT IT IS IN THE

BEST INTEREST OF THE PUBLIC TO DISPENSE WITH THE BIDDING

REQUIREMENTS OF THE CAMPBELL MUNICIPAL PURSUANT TO CODE SECTION 3.20.030
WHEREAS, the City of Campbell has historically maintained a crossing guard program to post crossing guards at intersections with high volumes of school-age pedestrians and vehicles; and
WHEREAS, based on the dire condition of the program; strain on Police Department resources; recruitment challenges; and review of program models in use in other cities; staff identified All City Management Services Inc. as a viable alternative to maintaining the City’s own program; and
WHEREAS, the City of Campbell entered into a one -year agreement with All City Management Services Inc. for the 2023/2024 school year; and WHEREAS, the Campbell Unified School District and the Moreland School District entered into three year cost sharing agreements with the City of Campbell to share the cost of crossing guard services in FY24; and
WHEREAS, All City Management Services Inc. successfully provided crossing guard services for the 2023/2024 school year; and
WHEREAS, the following circumstances exist, thereby warranting the bidding procedures to be dispensed with in the best interest of the public pursuant to Campbell Municipal Code (CMC) Section 3.20.030(8):

1. The City of Palo Alto completed a competitive bid process comparable to the requirements of The City of Campbell’s bidding process and received no other competitive bids for the same scope of services for the 23/24 school year.

2. The City of Milpitas found no other viable private contractors to provide crossing guard services for the 2023/2024 school year with the same scope of services the City of Campbell is requesting.

3. ACMS was the only company identified by staff based on their research that provides all-inclusive crossing guard services in the Bay Area.

4. ACMS is the sole private provider of contract school crossing guard services to all cities and or school districts in the County of Santa Clara who do not manage their own programs.

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Attachment: Crossing Guard Resolution (Contract Crossing Guard Services) WHEREAS, the City now wishes to enter into a 1 -year services agreement with All City Management Services to continue crossing guard services for the 2024/2025 school year in a total amount not-to-exceed $248,006 for Fiscal Year 2024-25.

NOW THEREFORE BE IT RESOLVED, that the City Council authorizes dispensing with the bidding procedures, pursuant to CMC Section 3.20.030 (8), approves the agreement, and authorizes the City Manager to enter into a 1 -year agreement with All City Management Services Inc. for crossing guard services in a total amount not -to-exceed $248,006 for fiscal year 2024-25.

APPROVED:
___________________________
Susan Landry, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk

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Attachment: Crossing Guard Resolution (Contract Crossing Guard Services)

COST SHARING AGREEMENT
Re: Crossing Guards
Between the City of Campbell and. Campbell Union School District This Agreement (" Agreement") is made and entered into on August 1, 2023 (" Effective Date") betweenCity of Campbell (City) and Campbell Union School.District (CUSD). The City and CUSD are referredto individually as "Party"; or collectively, asthe "Parties.

I. . RECITALS
WHEREAS, Parties enter into this Agreement to hire All Cities Management Services or other vendor at the City' s solediscretion to provide recruitment, backgroundclearance, training, equipment, insurance, supervision, andmanagementof CrossingGuards;
WHEREAS, Partiesagreeto enter into this Agreementto sharethe costsof providing CrossingGuardsat CUSD for the 2023-2024 schoolyear;
WHEREAS, Partieswish to makeclear their respectiverolesandresponsibilitiesrelating to the funding of CrossingGuards.

II.. AGREEMENT
It is agreedamongthe Partiesto incorporatethe aboveRecitalshereto, andthatthe Agreementis as follows:

A. SCOPE OF SERVICES
Partiesagreethatthedistributionof theCrossingGuards' laborfor the2023-2024schoolyearwill beas follows:

CUSD receiveseight (8) CrossingGuards
l . Partiesagreethat the distribution of the CrossingGuards' costsfor the 2023-2034 schoolyear will be as follows:

1. CUSD funds 50% of theeightcrossingguardsassignedto theschooldistrictor 4/9thsof the total services, for an estimated cost of $ 104, 673. 78.

2. City funds 50% of the eight crossingguardsassignedto CUSD and 50% of the onecrossing guardassignedto anotherdistrictwithinthecity of Campbell9/18thsof thetotalservices, for an estimated cost of $ 117, 758.

B. BILLING
City will issueinvoicesto CUSD,. whichincludea WorkSummaryfromthevendordetailingeachsite, day; andhoursworkedbythecrossingguards, onceperfiscal. year. CUSDagreestopaytheCityfortheir respective amount owed due within 30 days of the date of invoice.

C. TERM OF AGREEMENT AND TERMINATION
ThisAgreementshallrenewautomaticallyfor three (3) succeedingtermsof one (1) yeareachonthe annualanniversaryofAugust1, 2024 (RenewalDate), unlessaPartygiveswrittennoticeoftheParry's intention to terminateat least3 monthsprior to the RenewalDate.

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Attachment: Campbell Union School District Cost Sharing Agreement (Contract Crossing Guard Services) This Agreementwill expire on July 31, 2027.

D. NOTICES
As used in this Agreement, notice includes but is not limited to the communication of notice, request, demand, approval, statement, report, acceptance, consent, and waiver. Whenever, underthe terms of this Agreement, it becomesnecessary, appropriate, ordesirableforaPartytogivenoticetotheotherParty, said noticeshallbeinwritingandshallbeconsideredgivenwhenpersonallydeliveredorgivenormailedby commercial overnight courier service or by registered or certified United States mail return .receipt requested, with first classpostageprepaid, addressedasfollows:

To City: Name 45Ra'" 9''
Title Crt, Ck Of -
City of Campbell
70 N 1" Street
Campbell, CA 95008
To CUSD: Shelly Viramontez
Superintendent
Campbell Union School District
155 N. Third Street
Campbell, CA. 95008
Any Partymay, bynoticegivenatanytimeor fromtimeto time, requiresubsequentnoticesto begivento anotherindividual person, whethera party or anofficer or representative, or to a different address, or both.

E. INDEMNITY
Neitherof the respectiveParties, employees, officers, agentsandassignsshall be responsiblefor any damageor liabilityoccurringby reasonof anythingdoneor omittedto bedoneby theotherparryin connection with the Agreement.

It is understoodand agreedthat pursuantto California GovernmentCode Section 895.4, the respective Partiesshallfully indemnifyandholdtheotherharmlessfromanyliability imposedfor injury (asdefined in GovernmentCode Section810.8) by reasonof anything doneor omitted to bedone by the City, CUSD or MSD in connectionwith anyobligationdelegatedto therespectivePartyunderthis Agreement. This provision to hold harmlessand indemnify shall apply to any activities, error or omissionof the respective Partyand/ortheParry'sofficers, employees, agents, consultantsorcontractororanypersonor entityacting or omitting to act for or on behalf of said City or CUSD or such person or entities as are specifically authorizedandempoweredby the respectiveParty to act for the Party.

F. MISCELLANEOUS

1. No Agency. It is understoodthat eachof the Partiesoperateindependentlyfrom oneanotherand cannotenter into agreementsor contractsasagentsof the other. It is expresslyunderstoodand agreedthat noneof the Partiesarein any way or for any purposean agentof eachother relatedto the Agreement.

2. Relationship. This Agreementbetweenthe City andCUSD doesnot createany relationship of co-partner, joint venture, principal andagentor employerandemployee.

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Attachment: Campbell Union School District Cost Sharing Agreement (Contract Crossing Guard Services)

3. No Assignment. No party to this Agreementcan assignany portion of this Agreementwithout theotherParties' priorwrittenconsent, unlessotherwisestatedherein.

4. No Third-PaM &fights. This Agreementis not intended, andshall not beconstrued, to createany right, benefit, or enforceablelaw, substantiveor procedural, for any third party againstany parties to this Agreement, the Stateof California, the United States, or the officers, employees, agents, or other associatedpersonnelthereof.

5. Entire Agreement. This Agreementcontainsthe entire Agreementof the Parties, andeachparty acknowledges there were no other oral agreements, representations, warranties or statements of fact madeprior to or at the time of the signing of this Agreement. Any prior agreements, promises, negotiations, or representationsnotexpresslysetforthinthisAgreementareof noforce or effect.

6. ContractInterpretation. ThisAgreementis deemedto havebeendraftedjointly bytheParties.

Any uncertaintyorambiguityshallnotbeconstruedfor or againstanyPartybasedupon attribution of drafting to anyParty.

7. Governing Law. This Agreementshall be governed, construed, and enforcedin accordancewith the laws of the State of California.

S. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not renderthe other provisions unenforceable, invalid or illegal.

9. Warrantyof Authority. TheundersignedPartiesstatethattheyrepresentandhavetheauthority to executethis Agreementon behalfof their respectiveagencies/departmentsand, in signing this Agreement, concurwith and supportthe cost -sharingagreementasset forth in this Agreement andfor the period andpurposestatedherein.

10. Counterparts. ThepartiesmayexecutethisAgreementin twoormorecounterparts, whichshall, in the aggregate, be deemed an original but all of which, together,. shall constitute one and the sameinstrument. A scanned, electronic, facsimile or other copy of a parry's signatureshall be accepted and valid as an original.

SIGNATURES ON FOLLOWING PAGE]

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Attachment: Campbell Union School District Cost Sharing Agreement (Contract Crossing Guard Services) By their signatures below, the parties herein acknowledge that they have read the terms of this Agreement, understandthetermsthereof andarefully agreedthereto, andareauthorizedto executethis Agreement on their respective entity' s behalf on the date indicated above.

APPROVED AS T' O FORM:

GyWaw sdjr walrn
By: WilliamSefigmann (Aug3, 2312:46PDT)
William Sefigmann
City Attorney
Aug 3, 2023
Date

CITY OF CANIPBELL, CALIFORNIA
a California municipal corporation
By:

Gary Berg
Chief of Police
Date
By: i
Brian oventhal
City Manager
Date

CAMI PBELL UNION SCHOOL DISTRICT
A political subdivision of the Stateof California
APPRE) kD ASqT1 FORM
By:

Shelly Viramoitez
Superintendent of Campbell Unified School
District
Date

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Attachment: Campbell Union School District Cost Sharing Agreement (Contract Crossing Guard Services)

COST SHARING AGREEMENT
Re: Crossing Guards
Betweenthe City of Campbell, CampbellUnified SchoolDistrict, andMoreland School District
This Agreement (" Agreement") is made and entered into on V(7 0O
2023 (" Effective Date")
betweenCityofCampbell (City), CampbellUnifiedSchoolDistrict (CUSD), andMorelandSchool District ( MSD). TheCity, CUSD, andMSD arereferredto individuallyas "Party", or collectively, asthe Parties."
I. RECITALS
WHEREAS, Parties enter into this Agreement to hire All Cities Management Services or other vendor at theCity'ssolediscretiontoproviderecruitment, backgroundclearance, training, equipment, insurance, supervision, andmanagementof CrossingGuards;
WHEREAS, Partiesagreeto enterintothisAgreementto sharethecostsof providingCrossingGuardsat CUSD andMSD for the 2023-2024 school year;
WHEREAS, Partieswish to makeclear their respectiverolesandresponsibilitiesrelating to the funding of CrossingGuards.

II. AGREEMENT
It isagreedamongthePartiestoincorporatetheaboveRecitalshereto, andthattheAgreementisas follows:

A. SCOPE OF SERVICES
PartiesagreethatthedistributionoftheCrossingGuards' laborforthe2023-2024schoolyearwillbeas follows:

1. CUSDreceiveseightCrossingGuardsor 8/9of thetotalservices.

2. MSDreceivesoneCrossingGuardor 1/9of thetotalservices.

PartiesagreethatthedistributionoftheCrossingGuards' costsforthe2023-20.34schoolyearwill beas follows:

1. CUSDfunds500/ooftheeightcrossingguardsassignedtotheschooldistrictor4/9thsofthe total services, for an estimated cost of $ 104,673.78.

2. MSD funds 50% oftheonecrossingguardassignedtotheschooldistrictor1/18ofthetotal services, for an estimatedcost of $13,084.22.

3. City funds50% oftheeightcrossingguardsassignedtoCUSDand50% of the one crossing guardassignedtoMSDor9/18thsofthetotalservices, foranestimatedcostof $117,758.

B. BILLING
CitywillissueinvoicestoCUSDandMSD, whichincludeaWorkSummaryfromthevendordetailing eachsite, day, arfdhoursworkedbythecrossingguards, onceperfiscalyear. CUSDandMSDagreeto paytheCityfortheirrespectiveamountowedduewithin30daysofthe date of invoice.

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Attachment: Moreland School District Cost Sharing Agreement (Contract Crossing Guard Services) C. TERM OF AGREEMENT AND TERMINATION
ThisAgreementshallrenewautomaticallyforthree (3) succeedingtermsofone (1) yeareachonthe annualanniversaryofAugust- 1, 2024 (RenewalDate), unlessaPartygiveswrittennoticeoftheParry's intentiontoterminateatleast3monthspriortotheRenewalDate.

ThisAgreementwill expireonJuly31, 2027.

D. NOTICES
As usedin thisAgreement, noticeincludesbutis notlimitedto thecommunicationof notice, request, demand, approval, statement, report, acceptance, consent, andwaiver. Whenever, underthetermsof this Agreement, itbecomesnecessary, appropriate, ordesirableforaPartytogivenoticetotheotherParty, said noticeshallbeinwritingandshallbeconsideredgivenwhenpersonallydeliveredorgivenormailedby commercialovernightcourierserviceor by registeredor certified United Statesmail return receipt requested, with first classpostageprepaid, addressedasfollows:

To City: Name 6 ko `+ 26
Title CH, r_* Of.

City of Campbell
70 N I" Street
Campbell, CA 95008
To CUSD: Name
Title
Cam Unified School District
N. Third Street
Campbell, CA. 95008
To MSD Name: Clover Codd
Title: Superintendent
Moreland School District
4711 Campbell Avenue
San Jose, CA 95130
AnyPartymay, bynoticegivenatanytimeorfromtimetotime, requiresubsequentnoticestobegivento anotherindividual person, whether a party or anofficer or representative, or to a different address, or both.

E. INDEMNITY
Neitherof therespectiveParties, employees, officers, agentsandassignsshallberesponsiblefor any damageor liability occurringby reasonof anythingdoneor omittedto bedoneby the otherparty in connection with the Agreement.

It is understoodandagreedthat pursuantto CaliforniaGovernmentCodeSection895A, therespective Partiesshallfully indemnifyandholdtheotherharmlessfrom anyliability imposedfor injury (asdefined in GovernmentCodeSection810.8) by reasonof anythingdoneor omittedto bedonebytheCity, CUSD or MSD in connectionwith anyobligationdelegatedto therespectivePartyunderthis Agreement. This provision to hold harmlessand indemnify shall apply to any activities, error or omission of the respective Partyand/or the Parry'sofficers, employees, agents, consultantsor contractoror anypersonor entity acting

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Attachment: Moreland School District Cost Sharing Agreement (Contract Crossing Guard Services) oromittingtoactfororonbehalfofsaidCity, CUSDorMSDorsuchpersonorentitiesasarespecifically authorizedandempoweredbytherespectivePartytoactfortheParty.

F. MISCELLANEOUS

1. NoAgency. It isunderstoodthateachofthePartiesoperateindependentlyfromoneanotherand cannotenterintoagreementsorcontractsasagentsoftheother. It isexpresslyunderstoodand agreedthatnoneof thePartiesarein anywayor for anypurposeanagentof eachotherrelatedto the Agreement.

2. Relationship. ThisAgreementbetweentheCity, CUSDandMSDdoesnotcreateany relationshipof co-partner, jointventure, principalandagentoremployerandemployee.

3. NoAssignment. NopartytothisAgreementcanassignanyportionofthisAgreementwithout the otherParties' prior written consent, unlessotherwisestatedherein.

4. NoThird-Pg!y Rights. ThisAgreementisnotintended, andshallnotbeconstrued, tocreateany right, benefit, orenforceablelaw, substantiveorprocedural, foranythirdpartyagainstanyparties to this Agreement, the Stateof California, the United States, or the officers, employees, agents, or otherassociatedpersonnelthereof.

5. EntireA eement. ThisAgreementcontainstheentireAgreementoftheParties, andeachparty acknowledges there were no other oral agreements, representations, warranties or statements of factmadepriortooratthetimeofthesigningofthisAgreement. Anyprioragreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.

6. ContractInterpretation. ThisAgreementisdeemedtohavebeendraftedjointlybytheParties.

Any uncertaintyorambiguityshallnotbeconstruedfor oragainstanyPartybasedupon attribution of drafting to any Party.

7. Governing Law. This Agreementshall begoverned, construed, andenforcedin accordancewith the laws of the State of California.

8. Severability. Theunenforceability, invalidityor illegalityof anyprovision(s) of thisAgreement shallnotrendertheotherprovisionsunenforceable, invalidor illegal.

9. Warrantyof Authority. TheundersignedPartiesstatethattheyrepresentandhavetheauthority to executethis Agreementon behalf of their respectiveagencies/departmentsand, in signing this Agreement, concurwith and supportthe cost -sharingagreementassetforth in this Agreement andfor the period andpurposestatedherein.

10. Counteroarts. The partiesmay executethis Agreementin two or morecounterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the sameinstrument. A scanned, electronic, facsimileor othercopyof aparty'ssignatureshallbe accepted and valid as an original.

SIGNATURES ON FOLLOWING PAGE]

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Attachment: Moreland School District Cost Sharing Agreement (Contract Crossing Guard Services) By theirsignaturesbelow, thepartieshereinacknowledgethattheyhavereadthetermsof this Agreement; understandtheterns thereof andarefully agreedthereto, andareauthorizedto executethis Agreementontheirrespectiveentity's behalfonthedateindicatedabove.

APPROVED AS TO FORM:

Wr jGy a4jgwanwr
By: WilliamSeligmann(Aug3, 2312AGPDT)
William Seligmann
City Attorney
Aug 3, 2023
Date
APPROVED AS TO FORM:

Name
Superintendent of
District f

CITY OF CAMPBELL, CALIFORNIA
a California municipal corporation
By: V
Gary Berg
Chief of Police
Date
By:

Brian Lovent} tal
City Manager
S / q/
Date

CAMPBELL UNION SCHOOL DISTRICT
A politicalsubdivisionof theStateof California
By:

Name
Union School Counsel for Cai ell Union School District

MORELAND SCHOOL DISTRICT
A politicalsubdivisionoftheStateof California
APPROVW AS TO FORM:

By: ,..
r By:

Name
Superintendentof Moreland School District
Date
Name
Counsel for Moreland School District
Date

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Attachment: Moreland School District Cost Sharing Agreement (Contract Crossing Guard Services)

AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated September 17, 2024 and is between the CITY OF CAMPBELL (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor") (collectively the “Parties”).

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period which commences on or around July 1, 2024 and ends on June 30, 2025 and for such term thereafter as the Parties may agree upon by written amendment to this Agreement pursuant to Section below 18. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City.

2. The Contractor shall provide crossing guard services as defined and described in this Section and in the Scope of Work, attached hereto as Exhibit A and incorporated herein (the “Services”). The Services shall include, but not be limited to, providing personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”. Contractor will perform criminal background checks and confirm employment eligibility through E- Verify on all prospective personnel. The Contractor, including the Contractor’s employees, agents, and the Crossing Guards, is an independent contractor solely responsible for its own acts and omissions. The Crossing Guards to be furnished by Contractor shall at all times be its employees and shall not be considered City employees for any reason. Contractor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and agents 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 Contractor’s supervision or control was misclassified.

3. The City’s representative in dealing with the Contractor shall be designated by the City of Campbell.

4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services)

6. In the performance of its duties the Contractor and all employees of the Contractor including but not limited to the Crossing Guards, shall conduct themselves in accordance with the conditions of this Agreement and all applicable federal, state, and local laws and regulations.

7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.

8. The Services shall be provided by the Contractor at the locations designated by the City in the Scope of Work in Exhibit A on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.

10. Prior to the beginning of and throughout the duration of this Agreement, the Contractor shall maintain and comply with the insurance requirements of this Section. Insurance coverage will be at least as broad as:
 Workers’ compensation insurance as required by the State of California, with statutory limits, and employer’s liability insurance: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor and its employees.  Commercial General Liability (CGL): $1,000,000 per occurrence; $2,000,000 aggregate. Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.
 Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.

The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers, agents, volunteers, and employees as additional insureds with respect to liability arising out of work or services performed by or on behalf of Contractor. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). Contractor’s insurance shall be primary and non-contributory with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Contractors and will not contribute with it. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the City. Contractor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City. Self-insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents, volunteers, and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations, liabilities, losses, injury, or expenses, including attorneys’ fees and costs (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization, arising out of or resulting from the negligent acts or omissions, recklessness, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees, in any way related to this Agreement. Contractor’s duty to indemnify and hold harmless hereunder shall not apply to the extent that such Claims are caused by the sole or active negligence or willful misconduct of the City.
a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith.

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) b) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of
$5,000,000 (Five Million Dollars).

12. The City may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to Contractor. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City may terminate this Agreement sooner upon written notice of termination. Contractor shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. Upon notice of termination by either the City or Contractor, the Contractor will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Contractor will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. In the event of Contractor’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Contractor 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 Contractor of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Contractor to perform pursuant to the Agreement.

City may withhold any payments to Contractor for the purpose of set off until such time as the exact amount of damages due City from Contractor is determined. After the effective date of termination, Contractor will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.

14. Contractor shall not subcontract any portion of the Services without the prior written authorization of the City Manager or his or her designee. If at any time, the City determines any subcontractor is incompetent or unqualified, Contractor will be notified and will be expected to immediately cancel the subcontract. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, or acting on Contractor’s behalf pursuant to this Agreement, as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its subcontractors is an independent obligation from the City’s obligation to make payments to the Contractor.

15. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) the sum of Fifty-one Dollars and Three Cents ($51.03) per hour, per Crossing Guard during the term of this Agreement. Based on a minimum of nine (9) sites and upon a projected (4,860) hours of service the total cost for the Services under this Agreement shall not exceed Two Hundred Forty-eight Thousand, and Six Dollars ($248,006.00) per year.

16. In order to request payment, Contractor shall submit monthly invoices to the City describing the Services performed and the applicable charges, (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon this Agreement. The information in Contractor’s invoices shall be subject to verification by the City. The City generally processes and pays invoices within thirty (30) days of receipt of Contractor’s properly prepared and accepted invoice.

17. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.

18. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.

19. The Services shall be performed by Contractor or under Contractor’s supervision and direction, in accordance with the generally accepted practices, and to the standards of, Contractor’s profession. Contractor represents and agrees that Contractor shall perform the Services in a competent, timely, and workmanlike/professional manner, in accordance with the requirements of this Agreement.

20. If either party shall desire or is required to give notice to the other, such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:

To City: To Contractor:
__________________ ________________
__________________ ________________
__________________ ________________
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

21. This Agreement constitutes the complete and exclusive statement of the agreement among the Parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations.

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state of California, without regard to its conflicts of law provisions. Any amendments to this Agreement must be in writing and signed by the Parties and shall expressly reference and identity this Agreement and state that its purpose is to amend this Agreement. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. Waiver by any party of any portion of this Agreement shall not constitute a waiver of the same or any other portion hereof. The Parties may execute this Agreement in two or more 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. 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.
[SIGNATURES FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR
City of Campbell All City Management Services, Inc.

By: _________________________ By: ___________________________ Signature D. Farwell, Corporate Secretary
_________________________
Print Name and Title
Date: __________________________ Date: ___________________________

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services)

EXHIBIT A SCOPE OF WORK
Contractor shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF WORK".

1. Contractor Shall Provide or Perform the following:
a. Provide crossing guard services at each location listed on "Crossing Guard Locations" on the days and during specific hours designated by the City; b. Coordinate any location and schedule changes directly with the City; c. Provide payroll and workers' compensation coverage for all guards; d. Provide training to all new hires;
e. Maintain a sufficient number of alternate guards and guarantee crossing coverage for absent or sick guards;
f. Supply all necessary equipment including signs, traffic vests, whistles and raincoats; g. Submit invoices to the City of Campbell on a monthly basis for the number of hours worked by crossing guards during the previous month;
h. Maintain quarterly contact with the Police Department representative for quality assurance of the program.

2. Crossing Guard Locations. Days and Hours:
a. Contractor shall be responsible for providing crossing guard services during the normal school year session and the summer school session. The normal schoolyear session is composed of 180 school days per year. The exact dates that schools are in session are published and coordinated by the Campbell Unified School District and the Moreland School District. The most accurate calendar for verifying in-session days is on the respective School District's website.
b. Contractor will provide crossing guard services on all days that school is in session, at the designated locations, during the designated hours. Currently, there are 9 intersections that require a crossing guard during the normal school year. c. The City reserves the right to add, delete or revise the crossing guard locations and times, provided that Contractor is given 30 days written notification of any proposed changes.

3._ Contractor Shall Maintain the Following Minimum Standard for Crossing Guards:
a. Must have a minimum of an eighth-grade education;
b. Be able to read, write and speak English;
c. Be a minimum of 18 years old;
d. Not have a felony conviction for crimes against children, not have a felony conviction for any violent crimes, not have any misdemeanor convictions involving crimes against children, or convictions involving any violent crime;
e. Not be a registered sex offender or narcotics offender; f. Demonstrate the following abilities and characteristics; g. Minimum of average intelligence;
h. Good physical condition, including sight and hearing; i. Mental alertness;
j. Neat appearance;
k. Good character;
l. Dependability;
m. Sense of responsibility for the safety of children;
n. Good verbal communication skills;

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) o. Familiarity with traffic rules and regulations.

4. Appearance & Behavior
a. Crossing Guards will not hold anything in their hands while working, except for their issued stop sign. An example of this would be the Crossing Guard's cellphone. b. Crossing guards will use appropriate language and refrain from using profanity. c. Crossing Guards must at all times display visible picture identification showing they are an employee of the Contractor.
d. Crossing Guards shall wear acceptable attire at all times which may be periodically subject to review by the City.
e. Crossing Guards shall wear their traffic vests at all times while performing crossing duties.

5. Contractor’s Supervisors Shall Perform the Following Duties:
a. Contractor shall ensure that a local area supervisor shall be available at all times to see that guard activities are taking place at required locations and times. b. The supervisor shall assign schedules, monitor and supervise crossing guards when necessary and have a vehicle to travel to work sites.
c. The supervisor shall visit each school site once a month. d. The supervisor must be available to the City returning phone calls as soon as possible but in all cases within 30 minutes.
e. The supervisor must be available to respond to problems and/or complaints. f. In addition to the minimum standards set forth above, the supervisor must have a minimum of a high school education and a valid California driver's license. g. As requested, the area supervisor will provide pedestrian and bike counts for intersections.

6. Absent Crossing Guards
a. Contractor will maintain standard procedures that require crossing guards to notify the area supervisor if they will be tardy or absent for their shift. b. When crossing guards are absent, it is the responsibility of Contractor and the area supervisor to staff the location with alternate personnel. c. The area supervisor shall immediately notify the Traffic Supervisor if there will be any delay or absence in providing intersection coverage.

7.Training and Orientation
a. Training and orientation shall be provided by Contractor prior to deploying any crossing guards.
b. All training and orientation procedures shall be subject to the approval of the City of Campbell.

Crossing Guard Locations
Capri Elementary School - 1 Guard
Hacienda Ave @ Virginia Ave
Monday - Friday
Monday, Tuesday, Thursday and,
Friday Wednesday
7:20-8:20 am
2:05-3:05 pm
1:05-2:05 pm

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) 9 Payne Elementary School - 1 Guard Hamilton Ave @ Phoenix Dr Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday
Campbell School of Innovation - 3 Guards
Campbell Ave @ Milton Ave Rincon Ave @ Milton Ave Cherry Ln @ California Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday
Rolling Hills Middle School - 2 Guards
Pollard Ave @ More Ave Monday - Friday
Monday, Tuesday, Thursday and, Friday Wednesday
Conference week October 3-7
Rosemary Elementary School - 2 Guards
Hamilton Ave@ Eden Ave Monday - Friday
Monday, Tuesday, Thursday and, Friday Wednesday

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Attachment: Campbell CA 2024-2025 Crossing Guard Services Contract (002) (Contract Crossing Guard Services) City
Council
Report
TITLE: Approving the Acceptance of $496,000 Award from the Sustainable Transportation Planning Grant Program; Corresponding Budget Adjustments; the Issuance of a Request for Proposals (RFP) for the Development of the Campbell Multimodal Transportation Plan; and Authorizing the City Manager to Execute, Amend, and Approve All Restricted Grant Agreements Thereto Within the California Department of Transportation (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution to approve a grant award for the Sustainable Transportation Planning Grant application, subsequent budget adjustment, the issuance of a Request for Proposals (RFP) for the development of a multimodal plan, approve a Restricted Grant Agreement with the California Department of Transportation and authorize the City Manager to execute and amend said agreement.

BACKGROUND
The City of Campbell is committed to developing a comprehensive bike and pedestrian safety plan as part of City Councils’ adopted strategic priority of Long -Term Land Use Planning and Housing (Exhibit A of the FY 2025 Operating Budget).

Action T-1.i of the 2040 General Plan Update , calls for the preparation of a Multimodal Transportation Plan supporting the T -1 Goal of a Complete Streets network that accommodates all users.

T-1.i: Prepare a multimodal improvement plan to support buildout of the General Plan, update the city’s Capital Improvement Plan (CIP) to include, as appropriate, the identified improvements, and create and adopt a multimodal transportation impact fee (TIF) program to provide funding for the remaining improvements.

In accordance with the 2040 General Plan's directive to enact T -1.i. within a time frame of 1 to 5 years, the Multimodal Transportation Plan was integrated into the Work Plan for the Community Development Department, under Program 552 - Policy Development, contingent on obtaining grant funding.

Item: 9
Category: CONSENT CALENDAR
Meeting Date: October 1, 2024
9 Packet Pg. 118
Multimodal Transportation Plan RFP Page 2 of 3
On January 18, 2024, the City submitted an application to Caltrans for the Sustainable Transportation Planning Grant (STPG) to support the development of a Multimodal Transportation Plan. On July 11, 2024, Caltrans notified staff that the City was awarded a grant of $496,000.

DISCUSSION
The item before Council will formally accept the grant (draft grant agreement can be found in Attachment B) and delegate authority to the City Manager to execute the agreement with Caltrans and at the same time authorize the City to release a Request for Proposals (RFP) to obtain consultant services to support preparation of a multimodal plan.

The RFP document (Attachment C) clearly defines the expectations of the City in terms of scope of work, budget, and timeline. Upon receipt of proposals, the evaluation process will consider factors such as experience, approach, qualifications, and local presence. The selected consultant will work collaboratively with the City, community - based organizations , local agencies, and the Campbell community to develop a Multimodal plan tailored to Campbell's unique context.

FISCAL IMPACT
The adopted FY 2025 Budget appropriated $50,000 towards the necessary local match funds required for the awarded grant amount. As the City was awarded the entire requested grant amount, a budget adjustment (Attachment D) of $496,000 is needed in order to receive the awarded grant and to appropriate towards a Consultant Service Agreement, following the selection of the consultant from the RFP process. Any grant funds and appropriated dollars are to be rolled into subsequent budget years will be exhausted by the end of FY 2027, per the requirements of the grant.

NEXT STEPS
Following Council action, the City will execute the grant agreement to formally accept the award and issue the RFP. Staff will review proposals and return to City Council with a finalized contract with the selected consultant to be reviewed, approved, and executed by the City Council. Staff will have a kickoff meeting with Council following the selection of the Consultant. The project will be approximately a 2 -year project, required to be completed by June 30, 2027.

ALTERNATIVES

1. Do not accept the grant and approve a budget adjustment for the full cost of consultant services for the development of a Multimodal Transportation Plan.

2. Delay the development of a Multimodal Transportation Plan, pending future funding.

3. Provide other direction to staff.
9 Packet Pg. 119
Multimodal Transportation Plan RFP Page 3 of 3
Prepared by:

Tiffany Hudson, Environmental Program
Specialist
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution - MMTP Grant Agreement and RFP
b. Caltrans Restricted Grant Agreement (RGA) Boilerplate c. Multimodal Plan Request for Proposals Draft
d. Budget Adjustment A-4 (FY 2025) - CDD CalTrans Multimodal Transportation Grant 9 Packet Pg. 120
RESOLUTION NO. ______________

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE ACCEPTANCE OF A $496,000 AWARD FROM THE
SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM; A
CORRESPONDING BUDGET ADJUSTMENT OF $496,000; THE ISSUANCE OF A

REQUEST FOR PROPOSALS (RFP) FOR THE DEVELOPMENT OF THE CAMPBELL MULTIMODAL TRANSPORTATION PLAN; AND TO AUTHORIZE THE

CITY MANAGER TO EXECUTE, AMEND, AND APPROVE ALL RESTRICTED

GRANT AGREEMENTS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.

WHEREAS, the adopted 2040 General Plan included Action T -1.i to p repare a multimodal improvement plan to support buildout of the General Plan, update the city’s Capital Improvement Plan (CIP) to include, as appropriate, the identified improvements, and create and adopt a multimodal transportation impact fee (TIF) program to provide funding for the remaining improvements;
WHEREAS, City Council adopted a FY 2025 strategic priority of Long-Term Land Use Planning and Housing that identifies the development a comprehensive bike and pedestrian safety plan; WHEREAS, the City of Campbell applied for a Sustainable Transportation Planning Grant through the California Department of Transportation;
WHEREAS, the City of Campbell was awarded a grant of $496,000 for the development of the Campbell Multimodal Transportation Plan;
WHEREAS, the City Council of the City of Campbell is eligible to receive State funding for certain transportation planning related plans, through the California Department of Transportation; WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program;
WHEREAS, City Council is approving a budget adjustment of $496,000 to receive the awarded grant for the development of the Campbell Multimodal Transportation Plan; WHEREAS, the City has recognized the need for special service provider assistance in performing services as existing department staff does not possess the required skills and capacity required to develop the Campbell Multimodal Transportation Plan; WHEREAS, the City seeks the special services from persons specially trained, experienced, and competent to perform the special services required for the preparation of the Campbell Multimodal Transportation Plan;
WHEREAS, the City Council has reviewed, accepted, and approved the draft Request for Proposals for distribution and found it to include the appropriate tasks needed to provide a multimodal transportation plan to the City of Campbell and develop priority projects recommendations;
WHEREAS, the City Council has reviewed and accepted the draft Consultant Services Agreement (i.e., Contract) as to general form and content and seeks to authorize the City Manager to negotiate and amend the contract and Restricted Grant Agreement in its final form.

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Attachment: Resolution - MMTP Grant Agreement and RFP (Multimodal Transportation Plan RFP) WHEREAS, the proposed RFP anticipates the cost to prepare the Campbell M ultimodal Transportation Plan to not exceed $546,000;
WHEREAS, the City of Campbell appropriated the $50,000 grant match for the development of a multimodal transportation plan in the adopted FY 2025 Budget; WHEREAS, any grant funds and appropriated dollars are to be rolled into subsequent budget years as needed and exhausted by the end of FY 2027;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves the acceptance of a $496,00 0 award from the Sustainable Transportation Planning Grant Program; a corresponding budget adjustment of $496,000; the issuance of a Request for Proposals (RFP), provided as Attachment C of the October 1, 2024 City Council Staff Report, for the development of the Campbell Multimodal Transportation Plan; approve the Restricted Grant Agreements and authorizes the City Manager to execute and amend the Restricted Grant Agreements thereto within the California Department of Transportation.

PASSED AND ADOPTED this ____ day of October 2024, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED: _____________________
Susan Landry, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk

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Attachment: Resolution - MMTP Grant Agreement and RFP (Multimodal Transportation Plan RFP) Agency Name
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Sustainable Communities Grants
(State–SB 1)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and (AGENCY NAME), hereinafter referred to as AGENCY, will commence on (Start Date), or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt by AGENCY of Notice to Proceed by CALTRANS Contract Manager. This RGA shall expire on February 29, 2024.

Attachments:

The following attachments are incorporated into and are made a part of this RGA by this reference and attachment.

I. AGENCY Resolution
ll. Scope of Work and Project Cost and Schedule
III. Grant Application Guide
Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions, the parties agree as follows:

Section I
AGENCY Responsibility:

To timely and satisfactorily complete all Project Work described in Attachment II within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Responsibility:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
Parties’ Mutual Responsibilities:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, and AGENCY will conduct transportation studies and planning within the project area described in Attachment II. The funds subject to this RGA must be (a) identified as available for a restricted grant in CALTRANS’ budgetand (b) for the purpose of conducting transportation studies or planning and (c) to a public entity that is responsible for conducting transportation studies or planning.

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Attachment: Caltrans Restricted Grant Agreement (RGA) Boilerplate (Multimodal Transportation Plan RFP) Agency Name
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2. Details of the Grant Program, Funds, Project, and Program Guidelines and the governing State and Federal law are fully described in Attachment III which is attached to and made a part of this RGA.

3. Under this restricted grant, funds may be only used for the purpose set forth in this RGA, Resolution (Attachment I), Scope of Work and Project Cost and Schedule (Attachment II), and the applicable Grant Application Guide (Attachment III), and funds may only be used for costs and expenses that are directly related to such purpose.

4. AGENCY shall perform all the duties and obligations described in (enter project title here), hereinafter “Project”, subject to the terms and conditions of this RGA and the Approved Project Grant Application (Scope of Work and Project Cost and Schedule), which are attached hereto as Attachment II.

5. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I.

6. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with California Senate Bill No. 1 (SB-1) (Chapter 5, Statutes of 2017), also known as the Road Repair and Accountability Act of 2017, including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the applicable Grant Application Guide (Attachment III).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive State and Federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable State and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
In case of conflict between any applicable Federal, State, and Local laws, regulations, and ordinances, and/or any applicable policies, procedures, or published manuals of either CALTRANS or AGENCY, the order of precedence of the applicability of same to this RGA shall be established in this order: 1) Federal laws and regulations; 2) California laws and regulations; 3) CALTRANS policies, procedures, and published manuals; 4) Local ordinances; and 5) AGENCY policies, procedures, and published manuals. This RGA may not include any Federal funds.

7. Project funding is as follows:

No in-kind contributions may be made unless the amount and type of the contribution is identified Fund Source:

STATE Fund Source: AGENCY
Total Project
Cost
Road
Maintenance
and
Rehabilitation
Account
(RMRA) State
(SB 1) Grant
Funds
Local Match
(Cash)
Local Match
(In-Kind)
Total Local
Match
% Local
Match
$X,XXX.XX $X,XXX.XX $X,XXX.XX $X,XXX.XX XX.XX% $X,XXX.XX

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above.

8. This RGA is exempt from legal review and approval by the Department of General Services (DGS), pursuant to applicable law.

9. Notification of Parties
a. AGENCY’sProject Manager for Project is (NAME AND PHONE NUMBER). b. AGENCY’s Financial Manager for the Project is (Project Representative name) (Name, Email and Phone Number).
c. CALTRANS’ Contract Manager is (Contract Manager’s Name)(Name, Email and Phone Number). “Contract Manager” as used herein includes his/her designee. d. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
(AGENCY Name)
Attention: (Project Manager Name), (Project Manager Title) Phone Number: (XXX) XXX-XXXX
Email:

Address
City, State Zip
California Department of Transportation
(District/Division)
Attention: (Contract Manager), (Contract Manager Title) Phone Number: (XXX) XXX-XXXX
Email:

Address
City, State Zip

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on (Insert start date), following the written approval of CALTRANS and AGENCY’sreceipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on (Insert end date). b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by CALTRANS Contract Manager.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified during the period of performance by mutual written agreement of the parties. Any proposed modification to this agreement that requires a formal amendment must be submitted by AGENY to CALTRANS no less than 90 days prior to the expiration of this RGA.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $X,XXX.XX.
b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will only reimburse the cost of services actually rendered in accordance with the provisions of this RGA and as authorized by CALTRANS Contract Manager at or below that fund limitation

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established herein.

13. Termination
a. If the applicable law and the Grant Program guidelines provide for such termination, CALTRANS reserves the right to terminate this RGA for any or no reason upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
b. This RGA may be terminated by either party for any or no reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for PROJECT costs in accordance to the terms of this RGA.

Failure to submit accurate invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA and do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
AGENCY, its contractors, subcontractors , and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.
a. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Project Work. CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and, including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Paragraph 17d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Paragraph 12a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs

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and fees set forth in Attachment II without an amendment to this RGA, as agreed between CALTRANS and AGENCY.
b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears for completion of milestones in accordance with the Project Cost and Schedule in Attachment II to the satisfaction of the CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CALTRANS Contract Manager at the following address, as stated in Section III–Notification of Parties, Item 9c. One-time lump sum invoices for the grant amount is not allowed. e. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment II, including identification of each employee, contractor, or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient, or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, sub-recipient, and subcontractor invoices.
f. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Paragraph 13. g. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
h. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has 60 days after that Expiration Date to make final allowable payments to Project contractors or vendors and submit the Project’s Final Product(s) as defined in Attachment II and a final accurate invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices.

16. Local Match Funds

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Agreement Number XXAXXXX

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a. AGENCY shall contribute not less than its specified local match amount toward the services described herein by the grant expiration date identified in Paragraph 1 of this RGA. AGENCY can provide less than their percentage local match contribution in each invoice submittal, but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7, with the final invoice.
b. If Agency fails to provide the contractual local match identified in Section III, Paragraph 7, it is grounds for contract termination as identified in Section III, Paragraph 13.

17. Quarterly Progress Reporting
AGENCY shall submit written progress reports to CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project costs and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub- recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to the extent applicable.
c. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified the estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf. d. AGENCY agrees and shall require that all its agreements with consultants and sub-recipients contain provisions requiring adherence to this section in its entirety.

19. Repayment of Unallowable Costs
Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.

20. Americans with Disabilities Act

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By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

21. Iran Contracting Act
The proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010, https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses, before the contract has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the contract.

22. Indemnification
Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors, under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless, CALTRANS and all of CALTRANS’officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

23. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, contractors, subrecipients, and subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., Tit. 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article.
c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all

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other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and contractors, sub-recipients, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the RGA.

24. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the Federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’sexternal and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’scontracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’ssub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those v
arious contracts. All the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre-award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.

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f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

25. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law.

Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. c. Voluntary Resolution: Reference to Other Means of Resolution. In recognition of the government-to-government relationship of the AGENCY and CALTRANS, the parties shall make their best efforts to resolve disputes that occur under this RGA by good faith negotiations whenever possible. Therefore, without prejudice to the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the parties hereby establish a threshold requirement that disputes between the AGENCY and CALTRANS first be subjected to a process of meeting and conferring in good faith in order to foster a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this RGA, as follows:
1) Either party shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved. 2) The parties shall meet and confer in a good faith attempt to resolve the dispute through negotiation not later than 10 days after receipt of the notice, unless both parties agree in writing to an extension of time.
3) If the dispute is not resolved to the satisfaction of the parties within 30 working days after the first meeting, then either party may seek to have the dispute resolved by alternative dispute resolution methods, including, but not limited to, non-binding arbitration, mediation, or the use of a technical advisor.
4) Disagreements that are not otherwise resolved by mutually acceptable means as provided herein may be resolved in the Superior Court of the State of California located within the same county where a Project is located. The disputes to be submitted to the court include claims of breach or violation of this RGA. This RGA shall be interpreted under the laws of the State of California without regard to any conflict of laws’ provisions. In no event may AGENCY be precluded from pursuing any arbitration or judicial award or remedy against CALTRANS on the grounds that AGENCY has failed to exhaust its state administrative remedies. The parties agree that, except in the case of imminent threat to public health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to initiating judicial proceedings.

26. Third-Party Contracts
a. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without

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limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services.

Resources for Third Party Contracts, which are not inconsistent with this Paragraph 25, Third Party Contracts:
1) Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code) 2) State Contracting Manual (SCM), Chapter 5
3) Local Assistance Procedures Manual (LAPM)Chapter 10
b. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’ssubrecipients, contractors, and subcontractors.

Copies of all agreements with subrecipients, contractors, and subcontractors must be submitted to the CALTRANS Contract Manager.
c. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. d. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted purchase order or sub-agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Paragraph 15(e)(4), above.
e. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III– Payment and Invoicing, Paragraph 15c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all the following:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1).

B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all the following:
1) The dangers of drug abuse in the workplace;
2) The person's or organization's policy of maintaining a Drug-Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs; and 4) Penalties that may be imposed upon employees for drug abuse violations.

C. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:

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1) Will receive a copy of the company's Drug-Free Policy Statement; and 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.

D. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future State contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data.
b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and

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security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards
In addition to, and not a limitation of, Contractor’sindemnification obligations contained elsewhere in this RGA, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, subrecipients, contractors, and subcontractors, s ubcontractors’ employees,
and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, subrecipients, contractors, and subcontractors, subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless Caltrans, the State of California, and each and all their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of Caltrans, the State of California, and/or any of their officers, agents and/or employees.

31. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from Caltrans Contract Manager.

32. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by Caltrans must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

33. Project Close Out/Final Product
a. AGENCY will provide an electronic version, preferable ADA accessible, of the Final Product(s) to the CALTRANS Contract Manager.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Product(s) to the CALTRANS Contract Manager.

34. Ownership of Proprietary Property
a. Definitions
1) Work: The work to be directly or indirectly produced by AGENCY under this RGA.

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2) Work Product: All deliverables created or produced from Work under this RGA, including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this RGA and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this RGA. “Work Product” includes all deliverables, inventions, innovations, improvements, or other works of authorship AGENCY, its subrecipients, a third-party contractor or subcontractor may conceive of or develop in the course of this RGA, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection.
3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’scontractor, subcontractor, and/or subrecipient, and/or the AGENCY’s contractor, subcontractor, and/or subrecipient’s employees with one(1) or more employees of CALTRANS, during the term of this RGA and in performance of any Work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of Work issued under this RGA. b. Ownership of Work Product and Rights
1) Copyright Ownership of Work Product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the AGENCY, its employees, or by any of the AGENCY’s contractor’s,subcontractor’s, and/or subrecipient’s employees under this RGA, shall be owned by CALTRANS and AGENCY and shall be considered to be works made for hire by the AGENCY and AGENCY’s contractor, subcontractor, and/or subrecipient for CALTRANS and AGENCY. CALTRANS and AGENCY shall own all United States and international copyrights in the Work Product.

As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a “c” in a circle followed by the four-digit year in which the Work Product was produced, followed by the words “California Department of Transportationand AGENCY.

All Rights Reserved.” For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation and AGENCY. All Rights Reserved.
2) Vesting of Copyright Ownership: AGENCY, its employees, and all of AGENCY’s contractor’s, subcontractor’s, and subrecipient’s employees, agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to CALTRANS and AGENCY, its successors, and assigns, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the AGENCY’scontractor, subcontractor, and/or subrecipient from CALTRANS. From time to time, CALTRANS and the AGENCY shall require its contractors, subcontractors, and/or subrecipients and their respective employees to confirm such assignments by execution and delivery of such assignments, confirmations, or assignment, or other written instruments as CALTRANS and the AGENCY may request. CALTRANS and the AGENCY, its successors, and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product.

AGENCY shall require contractors, including subcontractors, to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work.
c. Inventions

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1) Vesting of Patent Ownership: AGENCY agrees to require subrecipients, contractors, subcontractors, and their respective employees, to assign to CALTRANS and AGENCY, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent ownership rights and the right to claim all rights or priority there under, and the same shall become and remain CALTRANS’property regardless of whether such protection is sought. The AGENCY, its employees, and AGENCY’scontractor, subcontractor, and subrecipient shall promptly make a complete written disclosure to CALTRANS of each Invention not otherwise clearly disclosed to CALTRANS in the pertinent Work Product, specifically pointing out features or concepts that the AGENCY, its employees, and/or AGENCY’scontractor, subcontractor, and/or subrecipient believes to be new or different. The AGENCY, its employees, and AGENCY’scontractor, subcontractor, and subrecipient shall, upon CALTRANS and AGENCY’s request and at CALTRANS and AGENCY’s expense, cause patent applications to be filed thereon, through solicitors designated by CALTRANS and AGENCY, and shall sign all such applications over to CALTRANS and AGENCY, its successors, and assigns. The AGENCY, its employees, and AGENCY’scontractor, subcontractor, and subrecipient shall give CALTRANS and AGENCY and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as CALTRANS and AGENCY may consider necessary or appropriate to carry out the intent on this RGA.
2) Agency: In the event that CALTRANS and AGENCY are unable for any reason whatsoever to secure the AGENCY’s, its employees’, and/or AGENCY’scontractor’s, subcontractor’s, and/or subrecipient’s, signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), AGENCY, its employees, and AGENCY’scontractor, subcontractor, and subrecipient hereby irrevocably designates and appoints CALTRANS and AGENCY and its duly authorized officers and agents, as its agent and attorney-in-fact, to act for and on AGENCY, its employees, and AGENCY’scontractor’s, subcontractor’s, and subrecipient’sbehalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks, or patents thereon with the same legal force and effect as if executed by AGENCY, its employees, and AGENCY’scontractor, subcontractor, and subrecipient.

CALTRANS and AGENCY shall have no obligations to file any copyright, trademark, or patent applications.
d. Additional Provisions
1) Avoidance of infringement: In performing services under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any Work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing.
2) Pre-existing Works and License: AGENCY agrees to require contractors, subcontractors, and subrecipients to acknowledge that all Work Product shall be the sole and exclusive property of CALTRANS and AGENCY, except that any Pre-existing Works created by AGENCY and third parties outside of the RGA but utilized in connection with the RGA (the “Pre-existing Works”) shall continue to be owned by AGENCY or such parties. AGENCY agrees to notify CALTRANS in writing of any Pre-existing Works used in connection with any Work Product produced under this RGA and hereby grants to

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CALTRANS a non-exclusive, irrevocable, worldwide, perpetual, royalty-free license to utilize the Pre-existing Works in connection with the Work Product. 3) Contractors, Subcontractors, and Subrecipients: Through contract with its subrecipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of this Exhibit. In performing services under this RGA, AGENCY’sContractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’sContractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any Work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify the Department in writing. e. Ownership of Data
1) Upon completion of all Work under this RGA, all intellectual property rights, ownership, and title to all reports, documents, plans, specifications, and estimates, produced as part of this RGA will automatically be vested in CALTRANS and AGENCY and no further agreement will be necessary to transfer ownership to CALTRANS and AGENCY. The AGENCY, its contractors, subcontractors, and subrecipients, shall furnish CALTRANS all necessary copies of data needed to complete the review and approval process. 2) It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the Project for which this RGA has been entered into.
3) AGENCY, its contractors, subcontractors, and subrecipients, are not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by CALTRANS of the machine-readable information and data provided by AGENCY, its contractors, subcontractors, and subrecipients, under this RGA; further, AGENCY, its contractors, subcontractors, and subrecipients, are not liable for claims, liabilities, or losses arising out of, or connected with, any use by CALTRANS of the Project documentation on other projects, for additions to this Project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by AGENCY, its contractors, subcontractors, and subrecipients.
4) Any sub-agreement in excess of $25,000.00 entered into as a result of this RGA shall contain all of the provisions of this clause.

35. Electronic Signatures
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for this Agreement. Documents that are referenced by this Agreement may still require manual signatures.

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Section IV
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA AGENCY NAME

DEPARTMENT OF TRANSPORTATION
By: By:

Printed Name: Printed Name:

Title: Title:

Date: Date:

By:

Printed Name:

Title:

Date:

By:

Printed Name:

Title:

Date:

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Attachment: Caltrans Restricted Grant Agreement (RGA) Boilerplate (Multimodal Transportation Plan RFP) Request for Proposals (RFP)
Campbell Multimodal Transportation Plan
RFP Release Date
DATE
Proposal Submittal Deadline
DATE
5:00 PM
City of Campbell
Attn: City Clerk’s Office
70 North First Street
Campbell, CA 95008
(408) 866-2117
[email protected]

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) Table of Contents
Introduction ..................................................................................................................................... 1 RFP Schedule .................................................................................................................................. 2 Background ..................................................................................................................................... 2 Objective ......................................................................................................................................... 3 Scope of Services ............................................................................................................................ 3 Existing Information and Resources ............................................................................................. 10 Project Funding ............................................................................................................................. 10 Proposal Requirements ..................................................................................................................11 Desired Qualifications .................................................................................................................. 12 Evaluation of Proposals and Selection Process ............................................................................ 13 Terms of Contract ......................................................................................................................... 10 General .......................................................................................................................................... 13 Consultant Agreement ................................................................................................................... 15

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 1 Introduction
The City of Campbell (the “City”) is seeking an experienced and qualified consultant to prepare a multimodal transportation plan. A multimodal transportation plan is necessary to set a strong overarching vision for transportation in Campbell, prioritize projects based on community need and impact, and to shift focus away from congestion management and towards active transportation and non-motorized transport. Campbell’s adopted 2040 General Plan includes goals to create a Complete Streets network that accommodates all users (T-1); support a regional multimodal transportation system that meets regional transportation needs (T-2); manage traffic demand and reduce VMT (T-3); and provide well-maintained and safe streets (T-6).

Along with supporting the goals of the General Plan, the Campbell Multimodal Transportation Plan would work in concert with the City’s Housing Element (calling for 6,500 new housing units focused primarily near transit stops) and the City’s Climate Action and Adaptation Plan (focused on decreasing emissions, of which transportation accounts for nearly 70% of emissions). The Plan would align with regional and state goals: helping improve access and safety, increase connectivity, reducing VMT by supporting alternative modes, and improving air quality and quality of life.

The Campbell Multimodal Transportation Plan will include goals and objectives based on community and stakeholder feedback, with project recommendations to improve the City’s bikeway network, pedestrian facilities, access to transit services, and improve safety for school routes.

This Request for Proposal (RFP) states the City’s requirements and specifies the general rules for preparing the proposal. Proposals must be within the allocated $546,000 budget.

Prospective service providers are solely responsible for ensuring proposals are received by the City on or before the submittal deadline. Proposals must be received via email no later than DATE, at 5:00 PM by both the City Clerk’s Office at [email protected] and Environmental Programs Specialist, Tiffany Hudson, at [email protected].

Submit an electronic signed copy of the Consultant’s formal proposal submittal including fee proposal in PDF file format with file titled as follows: RFP Campbell Multimodal Transportation Plan – Consultant Name.

Failure to comply with the requirements set forth in this RFP may result in disqualification.

Proposals and/or modifications received after 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.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 2 The executed contract, if any, will be made with the service provider who, at 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 or interest in the Pre-Proposal Conference to Environmental Program Specialist, Tiffany Hudson, at [email protected] by the Request for Clarifications due date listed below.

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

RFP Issued DATE
Requests for Clarification Due DATE
Pre-Proposal Conference DATE
Proposal Submittal Deadline DATE
Proposal Evaluations by Campbell Completed DATE
In person / video interviews (conducted at City’s discretion) DATE Contract to be Awarded by City Council DATE
Background
The City of Campbell has an area of 6 square -miles and a population of approximately 4 5,000 residents. It is centrally located in the Santa Clara Valley, 50 miles south of San Francisco, and bordered by San Jose, Los Gatos, and Saratoga. Incorporated as a General Law City in 1952, the city has a Council/Manager form of government and is organized into six departments: City Administration, Recreation and Community Services, Finance, Community Development, Police, and Public Works . Fire services are provided by contract with the Santa Clara County Fire Department, while the City provides a library and animal control, along with solid waste collection, recycling, and storm water management services via Joint Powers Agreements (JPAs).

To date, the City has not completed a transportation -focused plan. Without an existing bicycle plan, pedestrian plan, or multimodal plan, any investments in bike or pedestrian infrastructure have been disjointed and any projects completed with a piecemeal approach. The City has historically focused on vehicle congestion and improvements to intersections and streets to support vehicle flow. However, with the passage of SB 743, the city has adopted a VMT policy and begun shifting focus away from congestion ma nagement and instead focus on active transportation and non - motorized transport.

Regional traffic flows through Campbell via State Routes 17 and 85, Hamilton Avenue, Bascom Avenue, San Tomas Expressway, and Camden Avenue. Campbell has three VTA bus routes running through the city, with three light rail stations.

The preparation of a citywide multimodal plan will be a significant catalyst in modifying how the City provides for the mobility needs of its community members, occurring at a critical juncture with significant housing growth planned to meet community needs. The Plan will focus on sustainable transportation improvements, creating a comprehensive and interconnected bicycle and pedestrian system that serves users of all ages and abilities. A key focus of the plan will be to

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 3 identify how to provide a comprehensive and interconnected system that links Campbell residents and workers to its regional transit system and trail network and encourages a rapid mode shift away from vehicle usage to non-motorized transport.

Objective
The intent of this RFP is to select a consultant to develop a multimodal plan for the City of Campbell. The plan should set a strong overarching vision for multimodal transportation in Campbell and prioritize projects based on community need and impact, working in concert with both the Housing Element and the Climate Action and Adaptation Plan. The Plan must align with regional and state goals of helping improve access and safety, increase connectivity, reducing VMT by supporting alternative modes, and improving air quality and quality of life for the Campbell community. The Plan should also include prioritized capital improvement projects, along with estimated costs and potential funding sources.

Scope of Services
The following preliminary scope of work is presented as an initial outline to help the consultants gauge the minimum level of work requested and to submit a realistic project proposal. If the consultant identifies opportunities to improve the required scope of work leading to improved outcome(s), the consultant is encouraged to submit proposals with additional options. At a minimum, Consultant will complete the following seven (7) tasks, which are described in detail below, along with task deliverables:

Project Approach
• The Campbell Multimodal Transportation Plan must demonstrate a comprehensive approach by ensuring seamless coordination with any existing City plans, including the 6th Cycle Housing Element and Climate Action and Adaptation Plan (currently under development), and Capital Improvement Plan.
• At a minimum, all Plan elements must address the following sectors: public transit, cycling infrastructure, pedestrian pathways, ridesharing and carpooling, emerging transportation technologies, accessibility, safety, and connectivity with regional transportation networks.
• The Plan should focus on serving underserved communities in Campbell, including the Rosemary neighborhood (Census tract 5065.01), and South Bascom area (tract 5021.02). • The Plan will contribute to the State’s GHG reduction targets and advances transportation related GHG emission reduction project types/strategies (i.e., mode shift, demand management, travel cost, operational efficiency, accessibility, and coordination with future employment and residential land use, etc.)
• The Plan will share the mission of Caltrans – to provide a safe and reliable transportation network that serves all people and respects the environment – and address sustainability, accessibility and safety, health, economy, and social equity.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 4 • The Plan should help identify and develop “grant-ready” projects, so that recommendations can be submitted for implementation funding either through local funds or through grant opportunities.

Staff Coordination
• Facilitate regularly scheduled conference calls between the City and Consultant Project Manager.

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

CBO Partnership
• The consultant shall work with local CBOs. Organizations could include Orchard City Indivisible, South Bay YIMBY , Sunrise Silicon Valley.

Meeting Attendance
• Attend one (1) kick-off meeting with staff.
• Plan to facilitate five (5) public outreach meetings and six (6) Technical Advisory Committee meetings, and present materials at three (3) ongoing community events. • Prepare to actively participate – preparing and presenting reports – in a minimum of two (2) City Council meetings.

Key Deliverables
• Project Planning
o Overall Project Plan
o Strategic Community and Stakeholder Engagement Plan
• Meeting Materials
o Public Outreach / Community Events Materials
o Technical Advisory Committee Meeting Agendas, Presentation Materials, Minutes
o City Council Agenda and Presentation Materials
• Analysis/Memos
o Community Outreach Summary Memo
o Maps (including traffic stress, safety, and priority equity areas) o Draft and Final Existing Conditions Memo
o Implementation Plan Memo
• Plan Documents
o Goals and Objectives for the Plan
o Capital Project Recommendations: Prioritization Methodology, Analysis, and List of Priority Projects

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 5 o Administrative Draft, Public Draft, and Final Plan
Note: All work products noted shall be provided in native (i.e.: InDesign, Word) and PDF format.

Task 1: Community Outreach
The Consultant, working closely with City staff, will develop a strategic community and stakeholder engagement plan for the project that ensures broad and diverse input from the community, identifies community groups and representatives from each, and outlines timelines, outreach events, and media opportunities. The City will work with the Consultant to establish partnerships with Community Based Organizations (CBOs might include Orchard City Indivisible, South Bay YIMBY , Sunrise Silicon Valley) to support public outreach and engagement efforts.

The consultant and City, with support from the Advisory Committee, will prepare a community survey to assess priorities regarding transportation needs, current challenges, and safety and accessibility issues. A secondary survey will be conducted to help prioritize recommendations.

Surveys will be distributed online and in analog format in appropriate community forums to maximize public involvement.

The Consultant and partner CBOs will facilitate up to five (5) outreach events over the life of the project. Below are examples of the types of events that might be held:

1. The first event will build off the survey and focus on identifying mobility challenges and issues residents and stakeholders have in the City.

2. The second event will be a visioning session with students at Rosemary Elementary school and their parents focused on safe routes to schools and recreational needs.

3. The third event will be a visioning session with residents and business owners focused on work commutes and Transportation Demand Management (TDM) issues faced by employers and would engage the Campbell Chamber of Commerce and Downtown Campbell Business Association.

4. The fourth event will provide stakeholders from the first three events, as well as other community members, with a series of potential mobility recommendations and improvements based on learnings from the prior events and will invite participants to prioritize options.

5. The fifth event will present the results of the community ranking and prioritization process and will seek to ensure that the recommendations meet the needs of the community.

In addition to the outreach events, the Consultant will partner with CBOs to present the project at three (3) ongoing community events to increase awareness of the Campbell Multimodal Transportation Plan and solicit feedback at three critical points: identifying challenges, setting the vision for Campbell’s multimodal system, and reviewing/prioritizing alternatives. These community events would be aligned with the outreach events to either promote attendance prior to the event or to provide additional opportunities to share feedback following an event. Potential

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 6 community events include the Campbell Farmers’ Market in Historic Downtown Campbell and the Summer Concert Series in Orchard City Green.

Walk audits will be conducted at each of the public schools and parks in the City. These audits will analyze infrastructure conditions related to Safe Routes to School and Park Planning, with an emphasis on identifying issues within public right-of-way for documentation and prioritization of projects. The project team will work with the schools to find the best avenue with which to engage the respective school sites and family communities, utilizing their distribution lists and partnering with the Schools English Learners Advisory Committee (ELAC) where feasible.

Additionally, the City will create a webpage and will work with the Consultant to develop and refine content for the website. The webpage will feature links to project deliverables and project outreach elements (surveys, comment forms, maps, infographics etc.). The Consultant will provide content for the City to share on social media channels. The Draft Plan, once created, will be shared on the website and made available for public comment.

The consultant should include mini grants for CBOs.

Responsible Parties: Consultant, CBOs, City of Campbell, Advisory Committee • Deliverable: Strategic community and stakeholder engagement plan • Deliverable: Outreach and community events materials, including meeting notices • Deliverable: Community Outreach Summary Memo
Task 2: Technical Advisory Committee
Community leaders, local organizations, and key stakeholders including members of underserved communities, where possible, will be engaged into a Technical Advisory Committee (TAC) to prepare for and to monitor project activities. The Consultant and partner CBOs will assist the City with identifying membership in the TAC. The TAC will meet a maximum of six times throughout the project to provide guidance regarding the direction of the project and to review progress.

In addition, the Consultant will work with the City to establish and inform an Interagency Coordination Committee to keep other government entities apprised of the project’s progress.

These stakeholders include Caltrans, VTA, County of Santa Clara, City of San Jose, and Town of Los Gatos. With this interagency coordination, the Campbell Multimodal Transportation Plan will reflect State, regional, and local priorities. School districts will also be kept apprised of the project.
• Deliverable: Meeting Agenda and Minutes
• Deliverable: Presentation Materials
Task 3: Existing Conditions & Analysis

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 7 The Consultant will work with the City on a data request list and verify accuracy of collected data, as well as inform the City of any data gaps. The City will provide data required for this analysis, such as ADT, street widths, and truck routes.

The Consultant will review VTA’s Level of Traffic Stress Map for accuracy and will conduct a Level of Traffic Stress Analysis to examine the City’s centerline-miles of roadway and determine the current conditions of streets for cycling, in order to identify a Low Traffic Stress Network.

Doing so will identify critical linkages along a network, which informs network recommendations and the project prioritization process.

Utilizing GIS analysis and other tools, such as STRA V A, Walk Score, Bike Score and Transit Score, the Consultant will prepare maps that portray bicycling and walking origins and destinations within the City (and reasonable proximity to municipal boundaries). The Consultant will include barriers to travel, such freeway and expressway interchanges, railroads, and major arterials.

The Consultant will utilize GIS and other tools to analyze crash risk based on locations, types of crashes. In addition, the VTA’s recently completed Countywide Local Roads Safety Plan (CLRSP) (which includes an assessment of Campbell roadways based on fatal and severe injury crash data) will supplement the Consultant’s analysis of crash risks.

The Consultant will assess existing transit services in the City, including fixed route, demand response, and commuter rail services. Route ridership, stop and route performance, and a physical assessment of high-volume stops will be noted and documented to identify first/last- mile gaps, and to evaluate and inform the feasibility and competitiveness of non-motorized access improvements around the station/stop areas within the City’s jurisdiction.

The Consultant will utilize GIS and other tools to analyze proximity of the existing network and accessibility to disadvantaged populations.

The Project Team will conduct mobility audits with members of the community and TAC. The efforts will be focused on assessing areas of the City which have not received similar assessments within the last two years, areas with significant mobility challenges, and address social equity concerns, such as access to work for low-income workers in Campbell. Data will be compiled and utilized to create neighborhood specific maps that identify preferred alternative transportation networks, existing deficiencies, and inform the prioritization process.

Consultant will develop a draft Existing Conditions Memo using findings resulting from the activities in this task. The City will review the document and provide one set of internally consistent comments. The Consultant will review the comments and incorporate them into the Final Existing Conditions Memo.

Responsible Parties: Consultant
• Deliverable: Maps (including traffic stress, safety, and priority equity areas) • Deliverable: Draft and Final Existing Conditions Memo

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 8 Task 4: Recommendations and Prioritization
The Consultant will develop consistent overall goals and objectives for the Campbell Multimodal Transportation Plan, based on community and stakeholder feedback, and building on the current Campbell General Plan, Housing Element, Climate Action and Adaptation Plan, and aligning with state and regional plans.

The Consultant will use all previous work to make recommendations for capital projects to improve the City’s bikeway network, pedestrian facilities, access to transit services, and SRTS corridors. Proposed network/system recommendations will take into consideration connectivity to the VTA’s Countywide Bicycle Plan, and to existing and planned facilities in adjacent cities.

Network development will also take into account issues such as grades, route efficiencies, barriers, and system connectivity. The pedestrian network will take into account needs of vulnerable populations such as students, seniors, and transit users. The proposed bicycle and pedestrian network will include a variety of facility types and capital improvement projects. The Consultant will provide maps depicting the planned pedestrian and bicycle networks by classification and types of facilities.

The Consultant will create a prioritization methodology that includes community input and cycling and walking demand, barriers/need, safety issues, equity, and feasibility. The prioritization methodology will be refined in consultation with City staff and TAC. The prioritization method will be used to rank the entire bicycle network and system of pedestrian facilities by classification and types of facilities for the entire City. The Consultant will recommend programs to improve bicycle and pedestrian education, utilization, and public outreach efforts. These recommendations will be based both on the results of the previous tasks that identified problem areas and the experiences of other cities throughout the State. • Deliverable: Goals and Objectives for the Plan
• Deliverable: Capital Project Recommendations
• Deliverable: Prioritization Methodology and Analysis
Task 5: Implementation Plan
The Consultant will identify between 3 and 10 high priority projects and programs, depending on size and scale of projects and output from Task 4. The Consultant will develop conceptual designs for the high priority projects, as well as planning-level cost estimates. The estimates will be “grant ready” and include planning, design, engineering construction and contingency costs.

The Consultant will develop project/program description sheets for priority projects/programs that will facilitate future grant funding applications.

The Consultant will prepare an Implementation Plan Memo identifying potential matching and major funding sources, associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long-term programming for local matching funds can be accomplished.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 9 The Consultant will include in the Implementation Plan Memo a proposed implementation plan, prioritization and ranking, and other programmed transportation improvements, eliminating an immediate bottleneck or safety hazard, and ensuring that active transportation infrastructure grows citywide rather than as a series of disconnected projects over time. The Consultant will develop an implementation plan for fundable, high-priority projects and programs over the next 5 years, along with an unconstrained implementation plan for the next 20 years.

In addition to identifying financial costs for the identified multimodal improvements, if the budget allows, the Consultant will prepare financial and nexus studies supporting the creation of multimodal / transportation impact fee that can be adopted by the City in compliance with the Mitigation Fee Act can be levied on new development to support buildout of the multimodal system.

Responsible Parties: Consultant
• Deliverable: List of Priority Projects
• Deliverable: Implementation Plan Memo
Task 6: Draft and Final Plan
The Consultant will prepare an Administrative Draft Plan for City staff review. The Administrative Draft Plan will align with the Caltrans Active Transportation Program guidance.

Based on City staff comments on the Administrative Draft Plan, the Consultant will revise the Administrative Draft Plan into a formatted Public Draft Plan to be presented to project stakeholders and the public.

The Consultant will prepare the Final Plan in formatted, electronic form that addresses comments received from project stakeholders and the public. Four hard copies and four electronic copies of the Final Plan will be submitted to Caltrans. The Final Plan will include a summary of next steps towards implementation, credits Caltrans on the cover and title page, and will be submitted to Caltrans in an ADA accessible electronic copy.

Responsible Parties: Consultant
• Deliverable: Administrative Draft of Plan
• Deliverable: Public Draft CCAAP
• Deliverable: Final Plan
Task 7: City Council Review/Approval
In collaboration with the City, the Consultant will present the Final Plan to the Campbell City Council. The Consultant will respond and resolve any critical issues, so that the Campbell City Council can adopt the Final Plan, including a multimodal transportation impact fee.

Responsible Parties: Consultant, City of Campbell
• Deliverable: Presentation Materials

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 10 Existing Information and Resources
The following documents and resources are provided to assist with the information gathering process following execution of the contract with the selected consultant:
• Campbell General Plan 2040
• Campbell 2023-2024 Housing Element
• Campbell Area Plans and Guidelines
• Campbell Transportation Improvement Plan
• Campbell Safe Routes to Schools Maps
• Campbell Climate Action and Adaptation Planning Efforts • VTA Countywide Bicycle Plan
• VTA Bike Superhighway Implementation Plan
• VTA Valley Transportation Plan (VTP) 2040
• VTA Valley Transportation Plan (VTP) 2050 Goals
Project Funding
This project is funding through Caltrans Sustainable Transportation Planning Grant Program.

The City has been awarded a grant of $496,000. The City’s match includes another $50,000 towards the project. Cost proposals must stay within the City’s allocated $546,000 for the scope of work.

Task Budget
1 Community Outreach $186,000
2 Technical Advisory Committee Meetings $36,000
3 Existing Conditions and Analysis $66,000
4 Recommendations and Prioritization $82,000
5 Implementation Plan $88,000
6 Draft and Final Plan $66,000
7 City Council Review/Approval $22,000
Total Project Budget $546,000
Terms of Contract
The initial contract term shall commence upon execution of the contract by the City and shall end on June 30, 2027, per the Caltrans grant conditions. All work must be completed by this date.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 11 Proposal Requirements
Proposals must be submitted electronically to both the City Clerk’s Office at [email protected] and to Environmental Programs Specialist, Tiffany Hudson, at [email protected] before close of business of the stated deadline. For ease of handling, all responses are to be provided in a standard 8 ½” x 11” portrait layout in PDF format. The proposal should be organized in clearly labeled sections, and should include the following information:

1. Executive Summary.

2. Applicant Profile. Provide a narrative description of the Applicant itself, including the following:
a. Applicant’s business identification information, including name, business address, telephone number, website address, and federal taxpayer identification number or federal employer identification number;
b. A primary contact for the Applicant, including name, job title, address, telephone and fax numbers, and email address;
c. A description of Applicant’s business background, including experience developing multimodal transportation plans.

3. Statement of Understanding. Provide a brief statement indicating an overall understanding of the project and multimodal plans in general.

4. Project Approach. Provide a concise overview of the project issues and the intended approach. Demonstrate your understanding of the project's challenges and outline your ability to address them. Highlight key elements of the project and describe any special approaches your firm will use. Include a list of proposed subconsultants and/or CBOs involved. The response should reflect a deep understanding of the project and a tailored approach to completing it on time and within budget. Avoid generic responses; focus on thoughtful, innovative, and cost-effective strategies specific to this project.

5. Identification of any information or assistance required from City staff to accomplish each step in the process.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 12 6. Budget and Schedule. Detailed timeline for completion of the project and an hourly level of effort per task, including the work of any subconsultants and/or CBOs. Provide an actual cost, not-to-exceed amount, to include all direct costs, reimburseables, escalation costs, and any other charges.

7. Statement of Qualifications; Relevant Experience. Provide a statement of qualifications and capability to perform the services sought by this RFP, including a description of relevant experience with projects that are similar in nature, size, and scope to that which is the subject of this RFP. Include the following information:
a. Project name and location.
b. Brief description of project scope and cost.
c. Month and year services began and ended.
d. Team members and subconsultants responsibility.
e. Client name, address, contact person, and telephone.

8. Project Team. List each member of the project team including any subconsultants to be utilized on the project and their qualifications and experience in the preparation of the Campbell Multimodal Transportation Plan. An organizational chart showing proposed staffing, how these positions interact with one another, and the role of sub-consultants, if any, should be included.

9. References. Provide at least three references, preferably for projects that are similar in type, scope, size and/or value to the work sought by this RFP. If applicable, Applicant should provide references for projects with other municipalities that are similar to Campbell. For each reference, include the name, address and telephone number of a contact person.

10. Conflict of Interest Statement. The firm shall disclose any financial, business, or other relationship with the City that may have an impact on the outcome of this contract.

Particular attention should be paid to compliance with Government Code section 1090.

See “Conflicts of Interest” in this RFP for reference.

11. Comments on or Requested Changes to Contract. The City’s standard Consult Services Agreement is included as Attachment 1 to this RFP. The proposing firm shall identify any objections to and/or request changes to the standard contract language.

Please submit all inquiries or interest in the Pre-Proposal Conference to the Community Development Department’s Environmental Program Specialist, Tiffany Hudson, at [email protected] by October 18, 2024.

Desired Qualifications
The ideal consultant, or consultant team, would include the following disciplines and attributes:
• Experience in multimodal transportation planning: The consultant should have a proven track record in developing transportation plans for similarly sized cities. They should be well-versed in the latest transportation best practices. • Policy and regulatory expertise: The consultant should have a strong understanding of local, regional, and national transportation policies and regulations.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 13 • Understanding of local context: The consultant should demonstrate an understanding of Campbell’s unique social context, economic context, and local transit systems. • Community engagement skills: Community engagement is crucial for the success of a multimodal plan. The consultant should have experience in facilitating public participation, conducting workshops, and engaging diverse stakeholder groups. • Data analysis, modeling, and mapping capabilities: The consultant should be able to conduct any required data analysis for this plan and create any necessary maps. • Innovative and practical solutions: The consultant should be able to propose creative, realistic, and cost-effective solutions to address transportation challenges. They should be up to date with best practices and policies.
• Communication and reporting skills: The consultant should be able to effectively communicate complex information to a wide range of audiences, including policymakers, the community, and technical experts, and adept at producing clear/compelling reports. • Flexibility and adaptability: The consultant should be able to adapt to changing circumstances and be flexible in their approach as new information becomes available. • Ethical standards: The consultant should demonstrate a strong commitment to ethical practices and social responsibility. This includes transparency, honesty, and a dedication to equitable and just solutions that respect the rights and interests of stakeholders.

Evaluation of Proposals and Selection Process
Evaluation of the proposals will be made by the Community Development Director or other City staff as deemed appropriate by the City Manager. This evaluation team, in accordance with the criteria listed below, will evaluate all proposals received as specified. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed.

During the evaluation period, the team may elect to interview some or all the proposing firms.

The final selection will be the firm which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City's best interest. The City maintains the sole and exclusive right to evaluate the merits of the proposals received. Consultants will be objectively evaluated based on their responses to the project scope outlined in the RFP. The written proposal should clearly demonstrate how the firm could best satisfy the City’s requirements. Proposals will be evaluated on the following criteria:

No. Written Evaluation Criteria Point Value
1 Completeness/Organization of Proposal 5
2 Project Cost/Value 30
3 Expertise/Capabilities of Project Team 20
4 Technical Approach, Scope, Schedule 20
5 Firm Experience/Past Performance 20
6 Local Presence* 5
7 Conflict of Interest Statement Pass/Fail
Subtotal: 100
*Local Presence is defined as the lead Consultant having an office in Santa Clara County with at least one employee.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 14 General
The service provider may recommend subtasks that it deems appropriate to achieve the objectives set forth in this RFP.

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. 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.

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.

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

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.

Release of Public Information
Service providers 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.

Non-Assignment
If a contract is awarded, the selected service provider 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.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 15 Collusion
Each service provider 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 service provider 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 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 service providers.

Debarment
By submitting a proposal, the service provider 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.

Equal Employment Opportunity Compliance
The selected service provider shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The service provider 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.

Right to Audit
The selected service provider 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 service provider shall retain these records for a period of three 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 three-year period for examination, transcription, and audit by the City or its designees.

Consultant Agreement
[CONSULTANT AGREEMENT ON FOLLOWING PAGE]

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 16 ATTACHMENT 1

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the ____________________ day of ______________, 2025, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and _______________________________ (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain a service provider to provide services to develop the Campbell Multimodal Transportation Plan for a cost not to exceed $546,000; and WHEREAS, Consultant represents that it has the expertise, means, and ability to provide, evaluate and keep detailed records throughout the duration of the contract agreement; NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUTIES OF CONSULTANT

1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of 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.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 17 1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.

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

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

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without r egard 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 organize d to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless th e 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

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

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

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 18 2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.

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

3. COMPENSATION

3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $546,000, 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 schedu le 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.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 19 3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any 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, including naming the City of Campbell, its officers, officials, directors, agents’ representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

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

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

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

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 20 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 14 calendar days prior to an effective terminat ion date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.

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

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable f or 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, mil itary 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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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 21 9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damag es, 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 n egligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the consultant under this paragraph s hall not exceed the consultant proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the consultant shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agr ee on the allocation of those costs amongst the parties; and
b. Where a project-specific general liability policy ensures all project participants for general liability exposures on a primary basis and also covers all consultant for their legal liability arising out of their professional services on a primary basis, th en there shall be no limitation on the consultant 's duty to provide a defense and cover the City's cost of defense.

With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representative s, 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 w hole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.

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

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

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 22 defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

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

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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

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

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

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

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

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

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 23 3. Workers’ Compensation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.

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

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

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

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

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance 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 as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agre ement, 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.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 24 b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

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

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

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

G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work and will provide proof of compliance to the City.

H. Acceptability of Insurers

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 25 Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

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

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

10. MISCELLANEOUS

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

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

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

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

10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

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

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 26 10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

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

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

The City of Campbell at its sole discretion may elect to extend the contract up to two (2) consecutive six-month periods by providing written notice to Consultant not less than thirty (30) days prior to expiration of the original or extended term. The total length of the contract shall not exceed a period of one year. Annual contractual costs shall be equal to the August-to-August San Francisco-Oakland-San Jose Consumer Price Index-All Urban (CPI-U) in an amount not to exceed five percent (5%), but not lower than three percent (3%), annually, on July 1 of each contract renewal if executed.

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

10.11 City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such infor mation 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 e fforts 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 de nial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 27 10.12 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, w ar, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, 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 i ts 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.

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

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

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

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

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

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

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

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

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 28 Campbell, CA 95008
CONSULTANT: __________________________________
Attention: _________________________
__________________________________
__________________________________
__________________________________
[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 29 Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT CITY OF CAMPBELL
By By_______________________________________
Title Title _______________________________

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) 30 ATTACHMENT 2

RESTRICTED GRANT AGREEMENT
The City’s standard Contract Service Agreement shall reference and include any and all applicable sections of the California Department of Transportation’s Restrictive Grant Agreement, as to form, in compliance with requirements set forth by funding agency and to meet the required procurement guidelines.

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Attachment: Multimodal Plan Request for Proposals Draft (Multimodal Transportation Plan RFP) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

October 1, 2024 BA-4
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
101.552 4543 CalTrans Multimodal Transportation Grant Revenue 496,000

EXPENDITURES
101.552 7430 CalTrans Multimodal Transportation Grant Expenditures 496,000 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Community Development Director City Manager Community Development
Will Fuentes Rob Eastwood Brian Loventhal
552 - Policy Development
For the acceptance and appropriation of $496,000 from the CalTrans Multimodal Transportation Grant

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Attachment: Budget Adjustment A-4 (FY 2025) - CDD CalTrans Multimodal Transportation Grant (Multimodal Transportation Plan RFP) City
Council
Report
TITLE: Public Hearing to Consider an Appeal of the Public Works Department’s Denial of an Encroachment Permit (ENG -2024-186) to Allow the Construction / Legalization of a Five -Foot, Three-Inch Tall (5’3”) Fence and Locking Gates Within the Public Right -Of-Way on Property Located at 411 Carlyn Avenue (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution denying the appeal and upholding the Public Works Department’s denial of an Encroachment Permit (ENG -2024-186) to allow the construction / legalization of a five -foot, three -inch tall (5’3”) fence and locking gates within the public right-of-way on property located at 411 Carlyn Avenue.

BACKGROUND
On December 12, 2023, the Code Enforcement Division received a complaint (CE - 2023-367) about a five -foot, three-inch tall (5’3”) fence and locking gates (Attachment B), being constructed directly behind the sidewalk at 411 Carlyn Avenue. The Building Division responded to this unauthorized construction by issuing a stop work order as the fence violated Municipal Code requirements (discussed in more detail below). Since then, the applicant has applied for multiple permits seeking to keep the partially constructed fence in its current location.

This section of Carlyn Avenue was created with the subdivision known as Tract No. 508 (Attachment C) which was approved by the County of Santa Clara in 1948, prior to the City of Campbell’s incorporation in 1952. The County required the typical 60 -foot right- of-way for Carlyn Avenue, but only required attached sidewalks, leaving almost six (6) feet of unimproved right -of-way behind the sidewalk. This right -of-way behind the sidewalk is illustrated in the Site Plan (Attachment D), based on the applicant’s Building permit application from 2007. A street cross section has been added to the plan to further illustrate the situation.

The public right-of-way is the land designated for public use in providing public access, roadway, and utility services to be kept accessible to City forces and utility companies.

As property lines are generally invisible, it can be challenging for property owners to determine where the public right -of-way ends and the private property begins. Many incorrectly assume that their property begins where the adjacent existing surface improvements (streets, sidewalks, etc.) end. For instance, it can appear that the right-of- Item: 10
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: October 1, 2024
10 Packet Pg. 172
Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW Page 2 of 5 way is part of a resident’s front yard, and they can unintentionally, albeit incorrectly, believe that land to be part of their private property. While it can appear to be part of private property and is functionally treated as part of a front yard, it is legally separate property for public use and shall not be limited by private fences or other structures.

On March 11, 2024, the applicant filed a Fence Exception application with the Planning Division to maintain the fence in its partially constructed location, directly behind the existing public sidewalk in the public right -of-way. The applicant cites safety and security reasons for filing the exception. On April 24, 2024, the Community Development Director approved a Fence Exception permit (PLN -2024-36) (Attachment E) to allow the five -foot, three-inch tall (5’3”) fence and locking gates, but required that the fence be shifted approximately 6 feet towards the home and placed on the applicant’s front property line. The standard requirement for a front yard fence exceeding the allowable three -foot, six -inch (3’6”) height maximum is that it must be located 15 feet back from the front property line. Instead, the approved Fence Exception would legalize the construction of a five-foot, three-inch (5’3”) tall fence with locking gate at the front property line. The Site Plan (Attachment D) illustrates the location of the fence as constructed, where the fence is allowed per Municipal Code requirements, and the compromise location granted by the City.

On May 27, 2024, the applicant filed an Encroachment Permit application (ENG -2024- 186) with the Public Works Department to maintain the fence (in its partially constructed location), directly behind the existing public sidewalk, within the public right -of-way. The application was denied by the Public Works Department (Attachment F) to construct / legalize a five -foot, three-inch tall (5’3”) fence and locking gates within the public right - of-way. Public Works staff had previously met with the applicant at his property to review his encroachment permit application and discuss workable alternatives.

On August 12, 2024, the City Clerk received a written appeal (Attachment G) to Public Works Department’s decision to deny the applicant’s encroachment permit.

DISCUSSION
The applicant did not agree with the requirement per the Fence Exception to move the fence 6 feet towards the public right -of-way line, so he subsequently filed an encroachment permit application with Public Works to keep the fence in the current location. In the encroachment permit application and subsequent appeal, the applicant again cites safety and security reasons for the City to approve the construction of a five - foot, three -inch (5’3”) tall fence with locking gate, directly behind the existing publ ic sidewalk, within the public right -of-way. The Fence Exception Permit issued by the Community Development Department gives the applicant the ability to construct a non - standard tall fence with a locking gate within private property, achieving the intentions of the applicant to enhance security and safety. The exception would legalize the construction of a five -foot, three -inch (5’3”) tall fence with locking gate at the front 10 Packet Pg. 173
Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW Page 3 of 5 property line without the need to set a precedent of allowing a property owner to encroach on public right-of-way for their personal use and benefit.

After Public Works received the Encroachment Permit application, staff met with the applicant at his property to discuss workable alternatives. It appeared that a compromise had been reached to keep the fence in the public right -of-way, but to lower it to a height of three -feet, six-inches (3’6”) with the requirement that the applicant enter into a Private Improvements in the Public Right -of-Way agreement. The applicant subsequently notified staff his preference to keep the fence at the original height of five - feet, three-inches (5’3”).

At this point, Public Works Department was forced to deny the applicant’s request to construct the non -standard height fence in the public right -of-way for the following reasons:

Municipal Code Requirements for Fencing
The placement of fences is subject to CMC Section 21.18.060 (Fences, walls, lattice and screens). Fences within the first fifteen feet of the front yard, as measured from the front property line, are not to exceed three and a half feet in height. The Site Plan (Attachment D) illustrates the location where the applicant would normally be allowed to construct a fence over three and a half feet in height per the Municipal Code. As this requirement applies to the front yards of properties, it is also considered when a property constructs a fence within the adjacent right-of-way.

Visibility / Sight Distance
To ensure visibility for the safety of pedestrians, bicyclists, and vehicles traveling along the property’s frontage, it is imperative that the required visibility provided by the three and a half feet (3’6”) height restriction be maintained to ensure vehicles backing up see these other users. While the applicant is proposing a wrought iron fence to improve visibility, the City has no control of any future landscaping or objects placed within the fencing that would create subsequent visibility issues. In addition, the applicant has constructed a six (6) foot wooden side yard fence into the public right -of-way, violating the visibility requirements required by CMC Section 21.18.060 (Fences, walls, lattice and screens). Limiting the fence height to three and a half feet, ensures visibility will be maintained for the safety of all.

ADA Compliance
The fence as partially constructed would limit the ability to install ADA compliant sidewalk along the property’s frontage. The width of the current sidewalk is less than the four (4) foot minimum width, and the five (5) foot City standard for sidewalk attached directly to the curb (attached sidewalk).

Utilities
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Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW Page 4 of 5 As mentioned earlier, the right -of-way is public land also used by the utility companies for placing utility facilities serving the neighborhood. The applicant’s partially constructed fence now places the water meter behind the fence, limiting San Jose Water Company from easily reading the water meter. This area could also be used by telecommunication companies seeking to upgrade facilities in the area. With the construction of a fence with locking gates, the applicant intends to keep the gates locked. Having the public right -of-way locked away behind a private fence is not appropriate, even more so when the property owner is not available for extended periods of time.

Precedent
While the applicant correctly points out that other properties have constructed fences within the public right-of-way, these fences are all compliant with the Muni Code’s height requirement of three and a half feet (3’6”), and the associated gates are not locked .

The applicant has also pointed out a few properties that constructed taller decorative driveway gates, but those have not been permitted by the City, nor have any complaints been received. Code enforcement is generally complaint driven, with enforcement also taking place when a property owner submits for a Planning or Building permit for their property. During the permit application process, existing conditions are reviewed and any encroachments into the public right -of-way are evaluated, and requirements are enforced. Allowing this property owner to construct a fence taller than three and a half feet would create a precedent that could impact public safety.

For these reasons, staff recommends that the City Council adopt the attached resolution denying the appeal and upholding the Public Works Department’s denial of an Encroachment Permit (ENG -2024-186) for the construction / legalization of a five -foot, three-inch tall (5’3”) fence and locking gates within the public right -of-way on property located at 411 Carlyn Avenue.

FISCAL IMPACT
There are no fiscal impacts associated with this action.

ALTERNATIVES

1. Approve the appeal which would likely result in more encroachment applications of a similar nature, requiring extensive staff resources which will not be cost recoverable as these applications are taken in under the R -1 encroachment permit process and will require updates to the Municipal Code in the use of the public right-of-way and new standards for fence heights and placement. 10 Packet Pg. 175
Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW Page 5 of 5 Prepared by:

Roger Storz, Senior Civil Engineer
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Site Photographs
c. Subdivision Map
d. Site Plan
e. Approved Fence Exception Permit
f. Public Works Denial Letter
g. Appeal to City Council
10 Packet Pg. 176

RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING THE APPEAL AND UPHOLDING THE PUBLIC WORKS DEPARTMENT’S DENIAL OF AN ENCROACHMENT PERMIT (ENG-2024-186) FOR THE CONSTRUCTION / LEGALIZATION OF A FIVE-FOOT, THREE-INCH TALL (5’3”)

FENCE AND LOCKING GATES WITHIN THE PUBLIC RIGHT-OF-WAY
ON PROPERTY LOCATED AT 411 CARLYN AVENUE
WHEREAS, on December 12, 2023, the Code Enforcement Division received a complaint (CE -2023-367) about a tall fence being constructed behind the sidewalk at 411 Carlyn Avenue; and
WHEREAS, the placement of fences is subject to CMC Section 21.18.060 (Fences, walls, lattice and screens). Fences within the first 15 feet of the front yard, as measured from the front property line, are three and a half feet in height; and WHEREAS, said fence was constructed in the public right-of-way without approval from the City of Campbell; and
WHEREAS, maintaining unrestricted access to the public right -of-way is critical to the proper maintenance of utility services; and
WHEREAS, on March 11, 2024, the applicant filed a Fence Exception Application with the Planning Division to maintain the fence in its partially constructed location, directly behind the existing public sidewalk; and
WHEREAS, on April 24, 2024, the Community Development Director approved a Fence Exception permit (PLN -2024-36) to allow the five -foot, three -inch tall (5’3”) fence and locking gates but required that it be shifted approximately 6 feet towards the home and placed on the applicant’s front property line; and
WHEREAS, the Fence Exception Permit issued by the Community Development Department gives the applicant the ability to construct a non -standard tall fence with a locking gate within private property, achieving the intentions of the applicant to enhance security and safety; and
WHEREAS, On May 27, 2024, the applicant filed an Encroachment Permit application (ENG-2024-186) with the Public Works Engineering Division to maintain the fence in its partially constructed location, directly behind the existing public sidewalk, within the public right-of-way; and
WHEREAS, on July 31, 2024, the Public Works Department denied the applicant’s request to construct / legalize a five -foot, three-inch tall (5’3”) fence and locking gates within the public right-of-way; and
WHEREAS, limiting the fence height to three and a half feet, ensures visibility will be maintained for the safety of all; and
WHEREAS, the fence as partially constructed would limit the ability to install ADA compliant sidewalk along the property’s frontage; and

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Attachment: Resolution (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) WHEREAS, the right-of-way is public land also used by the utility companies for placing utility facilities serving the neighborhood; and
WHEREAS, with the construction of a fence with locking gates, the applicant intends to keep the gates locked; and
WHEREAS, having the public right -of-way locked away behind a private fence is not appropriate, even more so when the property owner is not available for extended periods of time; and
WHEREAS, the applicant has also constructed a six (6) foot wooden side yard fence into the public right-of-way, violating the visibility requirements required by CMC Section

21.18.060 (Fences, walls, lattice and screens); and
WHEREAS, on August 12, 2024, the City Clerk received a written appeal to the Public Works Department’s decision to deny the applicant’s encroachment permit.

NOW, THEREFORE, BE IT RESOLVED that th e City Council denies the appeal and upholds the Public Works Department’s denial of an Encroachment Permit (ENG -2024- 186) for the construction / legalization of a five -foot, three -inch tall (5’3”) fence and locking gates within the public right-of-way on property located at 411 Carlyn Avenue.

PASSED AND ADOPTED this _______ day of _______, 2024 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
____________________________
Susan M. Landry, Mayor
ATTEST:
_______________________________
Andrea Sanders, City Clerk

10.a
Packet Pg. 178
Attachment: Resolution (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Site Photographs (411 Carlyn Avenue)
Fence constructed in the right-of-way (looking towards Hamilton Avenue) Red paint mark is approximate location of front property line / ROW line

10.b
Packet Pg. 179
Attachment: Site Photographs (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Site Photographs (411 Carlyn Avenue)
Wooden side yard fence constructed in the right-of-way blocking visibility

10.b
Packet Pg. 180
Attachment: Site Photographs (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Subdivision Map

10.c
Packet Pg. 181
Attachment: Subdivision Map (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Fence location per Municipal
Code Requirements
15'-0"
Fence constructed
behind sidewalk
within Public ROW
Front Property Line
Fence allowed here by CDD
Fence Exception Permit
Public Right-of-Way
Site Plan
Sidewalk area

10.d
Packet Pg. 182
Attachment: Site Plan (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW)

CITY OF CAMPBELL
Community Development Department
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] ADMINI

STRATIVE ACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR

FENCE EXCEPTION PERMIT
Proj
ect Address: 411 Carlyn Ave
Zoning/Area Plan: R-1-6 / NA
Neighborhood Association(s): Campbell Community Center Neighborhood Group File No.: PLN-2024-36
APN: 305-18-010
Applicant: Stanley Ito
Property Owner: Stanley Ito
Project Description: Request to legalize a five -foot, three -inch (5’3”) tall fence and gate along the front property line.

FINDI
NGS
After public notification and consideration of all comments provided therein, as specified by law, the Community Development Director finds as follows with regards to the above referenced Fence Exception Permit:

1. The Project Site is zoned R-1-6 (Single Family Residential) on the City of Campbell Zoning Map.

2. The Project Site is designated Low Density Residential (less than 7.5 units/gr. acre) on the City of Campbell General Plan Land Use diagram.

3. The Project Site is located on the west site of Carlyn Ave nue, south of West Hamilton Avenue.

4. On December 13, 2023, the Code Enforcement Officer opened code case CE - 2023-367 for property located 411 Carlyn Avenue citing construction of a non- compliant fence. Following the citation, t he applicant met with Planning Staff to discuss legalizing the fence.

5. The Proposed Project is a request to legalize a five-foot, three-inch tall (5’3”) fence along the property line and to allow the construction of an automatic sliding gate spanning over the driveway.

6. The requested legalization required a "Fence Exception" pursuant to CMC Section

21.18.060 (Fences, walls, lattice, and screens) as the proposed fence exceeds the Approved Fence Exception Permit

10.e
Packet Pg. 183
Attachment: Approved Fence Exception Permit (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Fence Exception Permit Page 2 of 3
411 Carlyn Ave ~ PLN-2024-36
allowable three-foot, six -inch height maximum , up to fifteen feet from the front property line, as stipulated by CMC Section 21.18.060(A).

7. Public Works Department staff verified the front property line for this property and confirmed that it is located 9.7-ft measured from the construction joint between the rolled curb and sidewalk . The existing fence is currently within the public right-of- way and will be conditioned to be relocated within the private property as per Condition of Approval No. 6a (Fence placement) of the attached Conditions of Approval (Exhibit A).

8. The Proposed Project is subject to the development standards and design guidelines of CMC Section 21.18.060 (Fences, walls, lattice and screens).

9. Condition of Approval No. 4 will require installation of landscaping and the sidewalk to minimize the visual presence of the fence as to result in a more desirable site layout.

10. The proposed galvanized steel fence features panels made of pickets spaced at every four and a half (4.5) inches, ensuring a minimum of 50% visibility and airflow, meeting the required criteria.

11. Although the proposed fence is within the required setbacks and the sight triangle abutting the existing driveway on property, the grill design of the fence panels allows for clear sightlines that enable drivers and pedestrians to navigate safely , which facilitates controlled access without compromising safety . Additionally, staff has noted that a n unpermitted driveway has been constructed at 397 Carlyn Avenue between 2008 and 2009 that abuts the proposed fence. Due to the lack of permits, the potential effect of the proposed fence on the driveway has not been assessed.

12. The fence is designed in such a way that the view of the front landscape area is not visually obstructed from the public right -of-way while maintaining a sense of openness and connectivity with the surrounding area, contributing to a more cohesive neighborhood.

13. The proposed fence's height offers a feeling of security while maintaining visibility through the placement of spaced-out pickets. These design aspects instill a sense of safety without introducing barriers that induce feelings of exclusion.

14. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment.

15. A Notice of the Application for a Fence Exception Permit was mailed in compliance with CMC Section 21.71.020.B establishing a ten- day comment period between April 13, 2024, to April 22, 202 4. One comment was received by a neighbor in support of the project.

Based upon the foregoing findings of fact , the Community Development Director further finds and concludes that:

10.e
Packet Pg. 184
Attachment: Approved Fence Exception Permit (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) Fence Exception Permit Page 3 of 3
411 Carlyn Ave ~ PLN-2024-36
Fence Exception Findings (CMC Sec. 21.18.060.E.):

1. The change would not impair pedestrian or vehicular safety;

2. The change would result in a more desirable site layout;

3. The change would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change; and

4. The change would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

Environmental Findings (CMC Sec. 21.38.050):

5. This project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) pertaining to existing facilities and Class 1 consisting of changes to accessory structures including fences.

6. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2c of the CEQA Guidelines.

THEREFORE, the Community Development Director approves a Fence Exception Permit (PLN-2024-36) to construct a five-foot, three-inches (5’3”) tall fence and gate on property located 411 Carlyn Avenue, subject to the attached Conditions of Approval (attached Exhibit A).

APPROVED
AND ISSUED this 24th day of April 2024.
/s/ Rob E
astwood
Community Development Director

10.e
Packet Pg. 185
Attachment: Approved Fence Exception Permit (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW)

EXHIBIT A
CONDIT

IONS OF APPROVAL
PLN-2024-36
Where
approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review.

Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.

COMM

UNITY DEVELOPMENT DEPARTMENT
Pla
nning Division
1) Approved Project: Approval is granted f or a F ence Exception Permit (PLN-2024-36) to construct a five-foot, three-inches (5’3”) tall fence, on the front and Southern side property line, and an automatic sliding gate spanning the driveway on property located at 411 Carlyn Ave, as depicted on the Approved Project Plans, included as Exhibit B, except as may be modified by the Conditions of Approval herein. 2) Permit Expiration: The Fence Exception Permit approval shall be valid for one year from the date of final approval (expiring April 24, 2025). Failure to meet this deadline or expiration of the Building Permit plan check or issued Building Permit will result in the Fence Exception Permit being rendered void.
3) Maximum height: The m
aximum height of the fence shall be 5’ 3”, as measured from the adjacent natural grade to the highest point of the fence. 4) Landscaping/Hardscaping: Due t o the proximity of the fence to the sidewalk, the area between the fence and sidewalk shall be landscaped to allow for a more desirable site layout. Landscaping shall consist of shrubs, flowers, and/or groundcover. The landscaping area shall be irrigated with an irrigation system and shall be maintained in perpetuity.
5) Building Permit Required
: Within sixty (60) days of the effective date of this approval, the applicant shall file for a Building Permit application, along with details of the proposed automatic sliding gate.
6) Building Permit Plan Revisions: The construction plans submitted for a building permit shall be revised to indicate the location of the fence as modified in the approved project plans as follows.
a) Fence placement: As the fence is currently located within the public right-of-way, it shall be relocated to a minimum of five feet from the back of the sidewalk, on the front property line of the property , and in accordance with the approved fencing plan.
7) New Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060.

10.e
Packet Pg. 186
Attachment: Approved Fence Exception Permit (Appeal of Public Works Denial to Construct a 5'3 Fence in Public ROW) CITY or CAMPBELL
Public Works Depaitment
July 31, 2024
Stanley Ito
411 Carlyn A venue
Campbell, CA 95008
Re: File No: ENG-2024-186-Rl
Address: 411 Carlyn Avenue
via electronic mail
Application: Encroachment Permit for Private Improvements in the Public Right-of-Way Status: Denied
Dear Mr. Ito,
Please be advised that the City of Campbell is denying your request to construct/ legalize a five-foot, three-inch tall (5'3") fence and locking gates within the public right-of-way. The placement of fences is subject to CMC Section 21 .l 8.060 (Fences, walls, lattice and screens). A fence exceeding 3½ feet, located behind the sidewalk would compromise safety by limiting the sight of vehicles and pedestrians.

The proposed fence is located in the public right-of-way which must be accessible to the City and utilities at all times.

The Planning Division previously approved a Fence Exception Permit (PLN-2024-36) authorizing you to construct your desired fence and locked gates along your front property line which is an exception to the standard requirement that fencing exceeding the standard height can only be constructed fifteen (15) feet behind the front property line. While this would require you to move the existing partially constructed fence from its existing location to your property line, six (6) feet from the sidewalk, this exception will allow you to achieve the fence you desire within your own property.

On May 27, 2024, after the approval of the Fence Exception Permit, Public Works received an encroachment permit application from you to construct a five-foot, three-inch tall fence with locking gates within the public right-of-way. On June 21, 2024, staff (Roger Storz and John Burchfiel) from our office met with you at the subject address to explain the issues related to your application. While the plan you submitted with the application shows your property line directly behind the sidewalk, it was confirmed with you that the front property line is approximately six (6) feet behind the sidewalk.

You were also informed that this 6-foot area, deemed public right-of-way, must be kept accessible to the City and utility companies who have rights to use this area. In addition to maintaining access, the City reserves the right to construct improvements in this area when deemed necessary including but not limited to those needed to comply with the Americans with Disabilities Act (ADA). Public right- of-way shall not be restricted for exclusive use by private property owners. Locking the public right- of-way behind your private fence and thereby restricting its intended use cannot be supported by the Public Works Department.

10.f
70 North First Street • Campbell, CA 95008-1423 • TEL ( 408) 866-2 I 50 • E-MAIL [email protected] Packet Pg. 187 Subject: Encroachment Permit Application ENG-2024-186-R 1 Date: July 23, 2024

Page 2 of 2 ends

Campbell City CouncilOctober 1, 2024

Campbell City Council
October 1, 2024