Agenda packet — Milpitas City Council, March 1, 2022 (part 1 of 5)

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

March 01, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, MARCH 1, 2022

MILPITAS, CA
6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-3122
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3232
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_bgvzdK0ATiS-BLRIQscrtg After you register a link will be sent to you to join the City Council meeting in order to give your comments.

All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.

All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices while on the Council dais.  Disclose conflicts of interest and affiliations related to agenda items.  Separate governing from campaigning.
 The Council speaks with one voice after making policy on issues.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct.

1 March 01, 2022 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) DISCUSSION WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Jeannine Seher, Human Resources Director Employee Organizations: MEA, Pro-Tech, Mid-Con

(b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Deborah Logan v. City of Milpitas, et al.

Santa Clara County Superior Court Case No. 19CV347649

CLOSED SESSION ANNOUNCEMENT: (7:00 PM)
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Dominguez)
PRESENTATIONS (7:05 PM)
 American Red Cross Month (Proclamation)
 National Women's Heritage Month (Proclamation)
 Youth Art Month (Proclamation)
PUBLIC FORUM (7:10 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:15 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
2 March 01, 2022 Milpitas City Council Agenda Page 3

CONSENT CALENDAR (7:25 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive the City Council Calendar of Meetings for March 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the City Council Calendar of Meetings for March 2022.

C2. Approve the City Council Regular Meeting Minutes of February 15, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Approved the City Council Regular Meeting minutes of February 15, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C5. Approve and Authorize the City Manager to Execute Amendment No. 4 with PSOMAS for Mapping and Field Investigation of the Traffic Signal Intersection and Fiber Optic System in the City GIS for the total amount of $93,201, for a Total Not-To-Exceed Contract Amount of $339,529, for Technology Project, Project No. 3427 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Recommendation: Approve and Authorize the City Manager to Execute Amendment No. 4 with PSOMAS for Mapping and Field Investigation of the Traffic Signal Intersection and Fiber Optic System in the City GIS for the total amount of $93,201, for a total not-to-exceed contract amount of $339,529, for Technology Project, Project No. 3427.

C6. Approve and Authorize the City Manager to Execute a Design Services Agreement with Kimley- Horn in the Amount Not to Exceed $475,034.00 for Design Services for the Street Resurfacing Project 2023, Project No. 4303 (Staff Contact: Steve Chan, Transporation and Traffic Manager, 408-586-3324)
Recommendation: Approve and Authorize the City Manager to Execute a Design Services Agreement with Kimley-Horn in the amount not to exceed $475,034.00 for design services for the Street Resurfacing Project 2023, Project No. 4303.

C7. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) 3 March 01, 2022 Milpitas City Council Agenda Page 4

Recommendation: Adopt a Resolution Initiating the Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).

C8. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Recommendation: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) C9. Adopt a Resolution Amending and Restating the Wage Theft Procurement Policy (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Adopt a resolution to amend and restate the City’s Wage Theft Procurement Policy C10. Approve Amendments to the Professional Services Agreement with Ascent Environmental for Consultant Services and Master Funding Agreement with the Metropolitan Transportation Commission for the Priority Development Area Planning Grant Program Related to Preparation of the Gateway/Main Street Specific Plan Update and Authorize the City Manager to Execute the Amended Agreements and Supplement to the Master Funding Agreement with the Metropolitan Transportation Commission (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: Approve amendments to the Professional Services Agreement with Ascent Environmental for consultant services and Master Funding Agreement with the Metropolitan Transportation Commission for the Priority Development Area Planning Grant Program related to preparation of the Gateway/Main Street Specific Plan Update and authorize the City Manager to execute the amended agreements and Supplement to the Master Funding Agreement with the Metropolitan Transportation Commission.

C11. Approve a Budget Appropriation in the amount of $103,931 to the Equipment Fund Non- departmental FY 2021-22 Operating Budget and Approve the Replacement Purchase of Two Police Vehicles Through a Sourcewell Cooperative Contract with National Auto Fleet Group (Staff Contact: Frank Morales, Police Captain, 408-586-2521) Recommendation: Approve a budget appropriation in the amount of $103,931 to the Equipment Fund Non-departmental FY 2021-22 operating budget and approve the replacement purchase of two Police vehicles through a Sourcewell cooperative contract with National Auto Fleet.

C12. Award RFP No. 22-036 to JAM Services and Authorize the City Manager to Purchase Illuminated Overhead Street Signs for the Not-To-Exceed Amount of $104,535.86 (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: Award RFP No. 22-036 to JAM Services and authorize the City Manager to purchase illuminated overhead street signs for the not-to-exceed amount of $104,535.86.

C13. Accept Committee Member Resignation (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) Recommendation: Accept the resignation of Commissioner Harsh Patel rom the Measure F Oversight Committee and direct the City Clerk to post the notice of the unscheduled vacancy. 4 March 01, 2022 Milpitas City Council Agenda Page 5

C14. Adopt a Resolution Authorizing the City Manager or Designee to Donate Obsolete Fire Safety Personal Protective Equipment (Jackets, Pants and Boots) to the City of Dagupan (Staff Contact: Lauren Lai, Finance Director, 408-586-3111 and Brian Sherrard, Fire Chief, 408-586- 2811)
Recommendation: Adopt a Resolution Authorizing the City Manager or Designee to Donate Obsolete Fire Safety Personal Protective Equipment (Jackets, Pants and Boots) to the City of Dagupan.

C15. Motion to Reconfirm Findings and Determinations Under Resolution No. 9105 and Assembly Bill 361 for the Continuation of Virtual Meetings (Staff Contact: Christopher J. Diaz, City Attorney, 408-586-3040)
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9105 and Assembly Bill 361 for the continuation of virtual meetings.

C16. Authorize and Approve Travel to Monterey, CA for City Manager Steve McHarris to Attend the Innovating Commerce Serving Communities (ICSC) Conference scheduled for March 8 - 9, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053) Recommendation: Authorize and Approve Travel to Monterey, CA for City Manager Steve McHarris to Attend the Innovating Commerce Serving Communities (ICSC) Conference scheduled for March 8 – 9, 2022.

COMMUNITY DEVELOPMENT (7:30 PM)

17. Provide Direction on Homelessness Task Force Recommendations (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Recommendation: Provide direction on Homelessness Task Force recommendations.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:15 PM)

18. Review the Proposed Streets, Parks and Facilities Naming Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: (1) Review the Proposed Streets, Parks and Facilities Naming Policy and Provide Feedback to Staff; (2) Review City Naming Lists and Provide Feedback to Staff; and (3) Authorize Staff to begin process for naming McCandless Park.

LEADERSHIP AND SUPPORT SERVICES (8:45 PM)

19. Receive Report on 2022 Citywide Community Engagement Survey (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Charmaine Angelo, Public Information Officer, 408-586-3055)
Recommendation: Receive a report on results of the 2022 Citywide Community Engagement Survey.

20. Provide Direction on American Rescue Plan Act (ARPA) Funding for Council Priority Items and Modifications to the ARPA Investment Plan and Provide Input on Proposed Process for Future Changes to the ARPA Investment Plan (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Lauren Lai, Director of Finance, 408-586-3111)

5 March 01, 2022 Milpitas City Council Agenda Page 6

Recommendations: (1) Consider Council priority items for American Rescue Plan Act (ARPA) funding and provide direction to staff on any required modifications to the ARPA Investment Plan to allow for the additional allocation; and (2) Review and provide input to staff on proposed process for future changes to the ARPA Investment Plan.

21. Consider Resolution to Adopt Draft Goals and Performance Measures to Provide a Framework for Evaluating Potential City Participation in Middle-Income Workforce Housing Projects; and Consider Proposal to Convert the Turing Apartments to Low, Median, and Moderate Income- Housing with Housing Bonds from the California Statewide Communities Development Authority Community Improvement Authority (Authority) (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053)
Recommendations: (1) Consider resolution to adopt Draft Goals and Performance Measures to provide a framework for evaluating potential City participation in middle-income workforce housing projects, with revisions as directed by the Council; (2) Consider proposal to convert the Turing Apartments located at 1355 McCandless Drive to low, median, and moderate-income housing; and (3) Consider resolution to authorize the City to become a member of the Authority and the City Manager to execute the Recommended Public Benefit Agreement as amended by the City Council.

ADJOURNMENT (11:00 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.ci.milpitas.ca.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
6 Updated 2/25/22
Milpitas City Council Calendar
March 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 6:00 PM-Closed Session
7:00 PM-City Council
2 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7:00 PM-Community Advisory
Commission (EC)
3 4:30 PM- Milpitas Chamber of
Commerce Board (EC)
5:30 PM- Santa Clara VTA Board
of Directors (CM)
4 5
6 7
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
8 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
9 12:00 PM-Santa Clara Valley
Water District - Water
Commission (CM)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
10 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
6:00 PM-Community Town Hall:

Budget Meeting
7:00 PM-Cities Assoc of SCC
(CM)
11 3:00 PM-City Council
Transportation Subcommittee
(RT/CM)
*4:30 PM-City Council Finance
Subcommittee (RT/CM)
12 13 14
4:30 PM-Economic Development
and Trade Commission (KD)
7:00 PM- Special Youth Advisory
Commission (EC)
15 ?:00 PM-Closed Session
7:00 PM-City Council
16 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
17 10:00 AM-VTA Congestion
Management Program Planning-

CMPP (CM)
11:30 AM-Special Santa Clara
VTA Board of Directors (CM)
5:30 PM-Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness
Commission (KD)
18 19
20 21
5:30 PM-Science, Technology,
and Innovation Commission (RT)
7:00 PM-Library and Education
Commission (EC)
22 23
7:00 PM-Planning Commission
24 4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
25 4:00 PM-City/School
Collaborative Subcommittee
(RT/CM)
26 27 28
7:00 PM-Arts Commission (RT)
29 30 31
Cesar Chavez Day
City Hall Closed
*Finance Subcommittee will only meet as needed
February 2022

S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
April 2022

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
7 Item # C1.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

February 15, 2022 Milpitas City Council Agenda Page 1

M I NU TE S
TUESDAY, FEBRUARY 15, 2022

MILPITAS, CA
6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC SESSION)
The City Council of the City of Milpitas convened on the regular City Council meeting day of February 15, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez (virtual), and Phan (virtual) ABSENT: None

(b) PUBLIC EMPLOYEE APPOINTMENT/HIRING
Pursuant to California Government Code Section 54957
Position: City Attorney

CLOSED SESSION ANNOUNCEMENT
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

Mayor Tran stated that direction was given to staff and no reportable action.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

INVOCATION
Vice Mayor Montano led the invocation.

PRESENTATIONS
Mayor Tran, Vice Mayor Montano, and Councilmember Chua presented certificates to the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Milpitas student STEM winners. 8 Item # C2.

February 15, 2022 Milpitas City Council Agenda Page 2

PUBLIC FORUM
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

The following people spoke under Public Forum:

1. Voltaire Montemayor

2. Frank Bush

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

Mayor Tran requested the City Attorney’s office explore encampment ordinances for the City of Oakland, Los Angeles, and other regional cities for discussion to be brought back before the July Council meeting recess.

Councilmember Phan stated dissent to the proposal.

Vice Mayor Montano commented on the solar panels at the Senior Center and she would like to have solar panels in other City facilities such as the Maintenance Yard and Police Department.

Councilmember Chua requested a regional meeting of Police Chiefs to address neighborhood safety.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Attorney Merewitz asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. Attorney Merewitz asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read aloud the City Council Code of Conduct.

APPROVAL OF AGENDA
Mayor Tran requested Item 16 be moved after the consent items.

Motion: to approve the February 15, 2022, regular meeting agenda and move Item 16 after the consent items.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to 9 Item # C2.

February 15, 2022 Milpitas City Council Agenda Page 3

remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

Motion: to approve the Consent Calendar.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
C1. Receive the City Council Calendars of Meetings for February and March 2022 (Staff Contact:

Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendars of Meetings for February and March 2022.

C2. Approve the City Council Regular Meeting Minutes of February 1, 2022, Special Meeting Minutes of February 7, 2022, and Special Meeting Minutes of February 8, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved the City Council Regular Meeting Minutes of February 1, 2022, Special Meeting Minutes of February 7, 2022, and Special Meeting Minutes of February 8, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Reviewed the list of items that have been requested by the City Council.

C5. Adopt a Resolution Declaring Weeds on Certain Properties to be a Public Nuisance and Setting a Public Hearing for March 15, 2022, to Hear Objections (Staff Contact: Albert Zamora, Deputy Fire Chief / Fire Marshal, 408-586-3371)
Adopted Resolution No. 9118 declaring weeds on specific properties to be public nuisances and set a public hearing on March 15, 2022.

C6. Adopt a Resolution Authorizing the City Manager or Designee to Submit Applications for and Administration of CalRecycle Grants for Five Years (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Adopted Resolution No. 9119 authorizing the City Manager or designee to submit applications for and administration of CalRecycle Grants for five years.

C7. Review the FY 2021-22 Quarterly Financial Status Report for the Quarter Ending December 31, 2021 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Reviewed the FY 2021-22 Quarterly Financial Status Report for the Quarter Ending December 31, 2021.
10 Item # C2.

February 15, 2022 Milpitas City Council Agenda Page 4

C8. Receive the Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Received the December 2021 report for unhoused services.

C9. Approve and Authorize the City Manager or Designee to Execute a Commercial Lease Agreement with Nibbi Brothers General Contractor’s for Property Located at 1700 Sango Court and 1831-1841 Tarob Court (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046)
Approved and authorized the City Manager or Designee to execute a Commercial Lease Agreement by and between Nibbi Brothers General Contractor’s (“Tenant”) and the City of Milpitas (“Landlord”) for a term of 15 months plus three extension periods of (1) month each, for a not-to-exceed contract of 18 months.

C10. Consider the Recommendation from Mayor Tran for the Appointment to a City Commission (Contact: Mayor Tran, 408- 586-3029)
Received Mayor Tran’s recommendation and approved the appointment to the Library and Education Advisory Commission as follows:

Library and Education Advisory Commission

Appoint Rekha Pardeshi to serve as a Commissioner with a short-term to expire June 2024.

C11. Accept Commissioner Resignation (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) Accepted the resignation of Commissioner Manpreet Badesha from the Energy and Environmental Sustainability Commission and directed the City Clerk to post the notice of the unscheduled vacancy.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

12. Review the Proposed Streets, Parks and Facilities Naming Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) This item was not heard.

LEADERSHIP AND SUPPORT SERVICES

13. Receive Report on 2022 Citywide Community Engagement Survey (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Charmaine Angelo, Public Information Officer, 408-586-3055)
This item was not heard.
*14. Review Fiscal Year 2021-22 Mid-Year Report, Approve FY2021-22 Mid-year Budget Amendments, Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table”, and Amend Budgete d Allocated Positions, and Approve and Authorize the City Manager to Negotiate and Execute a contract amendment with Bateman Community Living, LLC (dba TRIO COMMUNITY MEALS, LLC) FY21 -22 for additional meals through the Senior Nutrition Program, not to exceed $124,000 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) * Item out of order after item 16
11 Item # C2.

February 15, 2022 Milpitas City Council Agenda Page 5

Councilmember Dominguez left the meeting at approximately 10:43 PM.

Finance Director Lai presented the staff report.

The following people spoke during public comment:

1. Voltaire Montemayor
After discussion, motion: to approve the FY 2021-22 Mid-Year Budget Amendments; adopt Resolution No. 9120 amending Resolution No. 1626, the Classification Plan, to reclassify positions, approve and adopt the pay schedule titled “New Job Classifications/Salary Table”, and amend budgeted allocated positions; and approve and authorize the City Manager to negotiate and execute a contract amendment with Bateman Community Living, LLC (dba TRIO COMMUNITY MEALS, LLC) FY21-22 for additional meals through the Senior Nutrition Program, not to exceed $124,000.

Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Dominguez

15. Provide Direction on American Rescue Plan Act (ARPA) Funding for Council Priority Items and Modifications to the ARPA Investment Plan and Provide Input on Proposed Process for Future Changes to the ARPA Investment Plan (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Lauren Lai, Director of Finance, 408-586-3111) Assistant City Manager Kantak and Finance Director Lai presented the staff report.

Mayor Tran did not support the funding request for Unhoused Services. He indicated that the County had adequate funding for these services, and he would like to explore using the dollars elsewhere.

The following people spoke during public comment:

1. Warren Wettenstein

2. Voltaire Montemayor

3. Allysson McDonald

4. Tom
Councilmember Dominguez returned to the meeting at approximately 11:30 PM.

After discussion, motion: to adjourn the meeting.

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
12 Item # C2.

February 15, 2022 Milpitas City Council Agenda Page 6

*16. Consider Resolution to Adopt Draft Goals and Performance Measures to Provide a Framework for Evaluating Potential City participation in Middle-Income Workforce Housing Projects; and Consider Proposal to Convert the Turing Apartments to Low, Median, and Moderate Income- Housing with Housing Bonds from the California Statewide Communities Development Authority Community Improvement Authority (Authority) (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053)
* This item was taken out of order after item C11.

Assistant City Manager Kantak and Senior Vice President from Fieldman Rolapp and Associates, Un Chu Reardon, presented the staff report. During the presentation Assistant City Manager Kantak requested clarification from the project team on the public benefit agreement because the team’s previous correspondence referred to attachment six in the agenda packet which did not have some of the previously agreed upon terms.

Co-Founder of Waterford Property Company, Sean Rawson, gave a presentation on the proposed project and stated that he sent an email earlier to adopt attachment seven in staff report and striking the yellow highlighted language from the City Attorney and accept their proposed language for bond refinancing provisions and more frequent property needs assessments as shown in their presentation.

The following people spoke during public comment:

1. Bob Livengood

2. Peter Zack

3. Voltaire Montemayor

4. Kyle Suryan

5. Allysson McDonald
Kyle Suryan submitted a letter regarding Lyon Living and The Fields childcare facility.

Council discussed the item and asked clarifying questions regarding the refinancing time period, total bond amounts that need to be repaid, property tax backfill, and legal liability.

Mayor Tran asked about changing the minimum term that would prohibit refinancing from 10 years to 15 years.

Co-Founder of Waterford Property Company, Sean Rawson, stated that they are agreeable to a 15- year lockout provision.

Assistant City Manager Kantak provided additional information on the recommended Public Benefit Agreement and commented on the need to get clarification from Mr. Rawson on the infrastructure fee and the payment of City fees. She also stated there had been some discussion on the refinancing restructuring, but since Mr.

Rawson's email was sent to staff at 7:45 that evening, the City Attorney did not have a chance to review it.

Mayor Tran discussed legal concerns and asked about having the City included in the insurance.

Co-Founder of Waterford Property Company, Sean Rawson, stated that they are willing to add the City as an additional insured party.

After discussion, motion: to adopt a resolution to join the California Statewide Communities Development Improvement Authority (CSCDIA) as shown in attachment seven and to move forward with approving the public benefits agreement also shown in attachment seven excluding the areas of disagreement as highlighted in yellow.

Motion/Second: Councilmember Phan / Councilmember Dominguez 13 Item # C2.

February 15, 2022 Milpitas City Council Agenda Page 7

Mayor Tran asked if the motion included his amendment for the refinancing minimum time period.

Councilmember Phan agreed and stated he would like to accommodate the applicant’s request to add language on the bond refinancing as well as the property needs assessment.

Councilmember Dominguez accepted the amendments.

Assistant City Manager requested clarification to confirm the motion is to approve the Public Benefit Agreement listed in attachment seven without the highlighted text, adding the 15-year refinancing minimum and including the property needs assessment every five years. She also asked if it should include the language naming the City as an additional insured party as mentioned by the Mayor and asked Attorney Merewitz to provide some clarification on the inclusion of the infrastructure fee (Community Facility District (CFD)) in the Public Benefit Agreement.

Co-Founder of Waterford Property Company, Sean Rawson, commented on concerns with the CFD in the Public Benefit Agreement.

Attorney Merewitz stated there are still questions about the CFD, the Administrative Fee, and the preference policy. He also stated that several proposals came in that day and he did not receive them to review.

After further discussion, Councilmember Phan amended his motion to continue this item to the next City Council meeting.

Councilmember Dominguez accepted the amendment.

Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

ADJOURNMENT

Mayor Tran adjourned the meeting at 11:38 PM.
.
14 Item # C2.

MILPITAS CITY COUNCIL

AGENDA PREVIEW LIST

March 15, 2022

CLOSED SESSION

INVOCATION (assigned to Councilmember Dominguez)

PRESENTATION

CONSENT CALENDAR

1. Receive City Council calendar for March and April 2022 (City Clerk) ,

2. Approve City Council Regular Meeting minutes of March 1, 2022 (City Clerk)

3. Preview list of items for April 5, 2022 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Adopt a resolution granting acceptance of the public improvements for the Ellison Park Residential Project Public Improvement Plan No. 2-1220; approve a reduction in the performance bond to $79,900.00 which shall remain in effect for the duration of the one-year warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer. (Steve Erickson)

6. Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Lucente Residential Project and Granting Authorization to the City Engineer to Release the Performance Bond after the One-year Warranty Period. (Steve Erickson)

7. Adopt a Resolution Authorizing the City Manager to Execute a Six-year Sole-Source Services Agreement with Symbium Corporation for the Unlimited Use of Proprietary Web-based Tools (Symbium PlanCheck and Build Business) as a Cloud-based Service for the Not-To-Exceed Amount of $210,000.00 (Ned Thomas)

8. BAWSCA Minimum Purchase and EPA/Palo Alta Amendment (Tony Ndah)

9. Approve the Pickleball Pilot Program at Gill Park and related Budget Action

10. Receive a Report on Emergency Repair of Pump at the Main Lift Sewer Pump Station; Ratify Award of Emergency Contract, and Direct the City Manager, to Execute a Contract with Koffler Electric; and Determine By a Four-Fifths Vote There is a Need to Continue the Emergency Repair (Tony Ndah)

PUBLIC HEARING

11. Conduct the 2021 Weed Abatement Public Hearing and Adopt a Resolution to Abate the Weeds (Albert Zamora)

COMMUNITY DEVELOPMENT
15 Item # C3.

12. Zoning Ordinance Amendment to Regulate Food Trucks (Ned Thomas)

COMMUNITY SERVICES

13. Wholesale Water Rates Update (Tony Ndah)

14. Draft Climate Action Plan (Tony Ndah)

PUBLIC SAFETY

LEADERSHIP

15. Mayor and Councilmember Term Limits (Chris Diaz and Ashwini Kantak)

REPORTS

16 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
2022 OPEN
Request No. Topic Submitted by:

A, F,
CM,
or
CCM
Date
requested or
Rec'd Form
1 Requested a regional meeting of Police Chiefs to
address neighborhood safety Chua A 2/15/2022
2 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland,
Los Angeles, or other regional cities and would like
a discussion on the existing policies to be brought
back before the July recess. Tran A 2/15/2022
3 Requested information on how early in the morning
trash collection can start and check if the time can
be pushed out so that it does not disrupt the nearby
neighborhood Dominguez A 2/8/2022
NOTE: Deferred and completed items are not listed
STATUS and/or DATE scheduled on
City Council meeting agenda:

Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
17 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
4 Requested a program to help support the safety of
the shopping center, creating a partnership with the
businesses, and allocating at least $70,000 to
support security Dominguez A 2/1/2022
5 Look into putting the City Hall address on the
building facade Montano A 2/1/2022
6 Designate the California Oak Tree as the City’s
official heritage tree Montano A 2/1/2022
7 Evaluate reopening the childcare center with a non-
profit organization running the center Montno A 2/1/2022 8 Look into possible rebates for Commercial
businesses similar to Valley Water District’s
conservation rebate program for residents Montano A 2/1/2022 9 Reduce the park rental fees for the Samuel Ayer
High School reunion Montano A 2/1/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Fee waiver scheduled for 3/15/2022
meeting
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Post the pandemic lock-downs, during
the last six to nine months, the Police
Department has primarily focused on
crime prevention community
engagement events for residential
areas and has been in process to
expand such events to our business
community with crime prevention
information and events anticipated to
be scheduled for late February/early
March. The funding allocation will be
scheduled for the Spring Quarterly
City Council Workplan Items
Prioritization Discussion.
18 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
10 Look into reducing rates for the seniors and low-
income families for Sports Center activities Montano A 2/1/2022 11 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork.

Tran A 2/1/2022
12 Requested a meeting for the subcommittee for the
Old Town Main Street be scheduled next month Montano A 1/18/2022 13 Requesting discussion on pickleball courts Chua A 1/18/2022 14 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez A 1/18/2021
15 Requested that Police Department work with
Safeway shopping center businesses, minority
owned small businesses, and the Chambers of
Commerce to provide a business watch
presentation Dominguez A 1/18/2021
16 Explore a lease for the vacant land adjacent to the
Library for City use Tran A 1/18/2022
Staff has been working on upgrading
signage and landscaping around the
Police Department and Public Works
Building.

Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
At the 1/25/2022 budget Study
Session direction was given to staff to
provide information at the CIP budget
meeting scheduled for 2/8/2022;
scheduled for approval on 3/15/2022
At this time, staff has sufficient
Council approved resources to
address the remaining streetlight
outages; however, will bring relevant
actions for Council consideration, if
needed.

The FY 2021-22 Adopted Fee
Schedule includes discounted
membership and fitness passes for
Seniors; low-income families can
apply for membership and fitness
pass discounts through the Milpitas
Assistance Program
19 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
17 Requested staff to look into an ordinance for the
number of people allowed in a house. Montano A 12/7/2021 18 Requested staff check to see if the City has an
ordinance for house numbers Chua A 12/7/2021
19 Requested staff to look at creating a pilot project to accommodate pickleball at Peter Gill
Park and would like a feasibility study with a goal of
making these courts multi-purpose Chua A 11/16/2021
20 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan A 11/16/2021 21 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano A 11/16/2021 22 Look at creating an ordinance for a blanket
business permit that would grandfather and waive
all fees for any business started separate from their
original business if they are creating anything that
is helping save lives during the pandemic. Dominguez A 11/2/2021 23 Staff to look into County reimbursements to the
City for the extra services provided to HomeKey. Chua A 11/2/2021 24 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran A 11/2/2021
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Staff to contact the County an issue
an Email/Information Memorandum
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
20 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
ACTIVE
Topic Submitted by:

A, F,
CM,
or
CCM
Date
requested or
Rec'd Form
25 Park Champions Chua A 10/19/2021
26 Have a picture of Albert Bogel Sr. put up in the
Senior Center Montano A 10/19/2021
27 Requested that the City provide the Commissioners
with an appreciation gifts Chua A 10/19/2021
28 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua A 10/19/2021 29 Requested the executive staff to look into reflective road markers as an effective way to reduce cars
doing donuts in the street Chua A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
At the 1/18/2022 council meeting,
Council voted 4-1 to rescind the
direction and direct staff and the
application to explore option one in
the presentation to amend the
General Plan and remove Council
policy for the preparation of a Specific
Plan
At the 11/12/21 Transportation
Subcommittee, the Subcommittee
directed to bring back this request to
Council as part of the 2022-23 budget
process. Staff provided that
information at the CIP Study Session
on 2/8/2022.

Approved to move forward at the
1/11/2022 Council meeting
STATUS and/or DATE scheduled on
City Council meeting agenda:
21 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
30 Requested staff look into increasing the number of
Park and Recreation Commissioners from seven to
nine. Montano A 10/5/2021
31 Requested Staff see if there is anything that can be done to address an increase in illegal dumping Phan A 10/5/2021 32 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran A 9/21/2021
33 Requested the City extend the outdoor dining
options through March of next year Phan A 9/21/2021
34 Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano A 9/7/2021 35 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a
webinar and campaign to help increase the number
of donors Chua A 8/17/2021
36 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano A 8/17/2021
37 Create an “Incentive Corner,” which will be a sub-
page with links to different freebies, grants, and
incentives from the City and the regions, including
the Water District and Silicon Valley Clean Energy Chua A 8/17/2021 38 City to highlight mental health resources on the
website Dominguez A 8/17/2021
39 Requested staff look into donating old, obsolete,
noncompliance items from the Fire Department to
Sister City Dagupan Chua A 8/9/2021
Approved to move forward at the
1/11/2022 Council meeting
Planning Director to provide
information on current outdoor dining
extension
Staff will provide an Information
Memorandum.

Staff will issue an Email
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Staff will implement this item early
2022
Staff will include the stem cell donor
information in regularly scheduled
wellness event
22 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
40 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano A 8/5/2021
41 Look into opening up the Senior Center on
Saturdays for half a day Chua A 8/5/2021
42 Look into bringing back a roller rink Montano A 8/5/2021 43 Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua A 8/5/2021
44 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-
income residence for necessary safety renovations
Tran A 5/4/2021
45 Discussion to reduce the City’s Senior Center
facilities deposit Montano A 5/4/2021
8/09/2021 Council voted 5-0 to move
this item forward and modify the
existing Milpitas Assistance program
to include seniors; Staff will bring this
item for funding consideration as part
of the FY 2022-23 budget process
SVEDA/SV Joint Venture hosted the
“SV Small Businesses & ADA
Compliance” webinar on 11/3/21.

Several Milpitas business reps, & staff
from Econ. Dev. & Building
participated. Staff met with reps from
CA Comm. on Disability Access to
discuss business education &
outreach.

Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
Approved to move forward at the
1/11/2022 Council meeting
8/09/2021 Council voted 5-0 to refer
this item as part of the development
of the FY 2022-23 Master Fee
Schedule
23 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
46 Requested that the City have mini-libraries in the
low-income areas of the City. Montano A 4/20/2021
47 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua A 4/6/2021
48 Staff to look into creating a rose garden with a
children’s memorial site Montano A 4/6/2021
At 8/9/2021 Council meeting, Council
voted that this item may have to come
back for additional discussion
because there may be some legal
considerations.
8/09/2021 Council voted 3-1-1 to
move this item forward, staff to follow
up with Vice Mayor Montano on
specific vision. Staff met with the Vice
Mayor. The City will continue to
facilitate libraries as needed but will
not take a lead role in funding or
operating them.
8/09/2021 Council voted 4-1 to
discuss details with Vice Mayor
Montano and refer this item as part of
the development of the 2023-2027
CIP
24 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
49 Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano A 4/6/2021
50 Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran CCM 3/16/2021
51 Staff to provide information on a landmark policy
for the City of Milpitas Tran A 3/16/2021
8/09/2021 Council voted 5-0 to move
this item forward; this item will be
included for funding consideration in
the development of the FY 2023-27
CIP for assessment of historical and
cultural resources and development
of landmark policy
To be brought forward in Spring of
2022, once new City Attorney is in
place.
8/09/2021 Council voted 5-0 to move
this item forward and Council
provided direction that the signs
should align with the efforts currently
underway with the Metro Plan and
Main Street Gateway Specific Plan
process and work with private
development. Staff was directed to
work with Vice Mayor on additional
clarification. In November, Vice Mayor
Montano noted a preference for a
location on South Main Street.
25 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
52 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan A 2/16/2021
53 Ordinance to ban vaping in the City Montano A 12/15/2020 54 Review City policy on speed bumps Tran A 12/15/2020
55 Consider change in term limits for Mayor +
Councilmembers Montano A 6/16/2020
56 Consider Community Museum and Park on Main
St. Phan F 8/20/2019
to Rules 8/23/2019. Moved to
Specific Plan Community
Conversation events.

Presented to Transportation
Subcommittee on 02/12/2021;voted
on 3/16/2021 to revisit this item
Ordinance regarding a ban on use in
certain areas adopted by Council on
6/15/2021. Policy related to access to
products will be brought forward in
Spring 2022
Agendized for discussion on
3/16/2021, deferred to 4/06/2021; CC
direction for City Attorney to prepare a
report; At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back
this request to Council as part of the
FY 2022-23 budget process.
8/4/2020: Voted 3 -2 to pursue;
2/02/2021 to agendize for a future
meeting; 3/16/2021 voted 3-1-1 to
move forward. Scheduled for
3/15/2022
26 Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute Amendment No. 4 with PSOMAS for Mapping and Field Investigation of the Traffic Signal Intersection and Fiber Optic System in the City GIS for the total amount of $93,201, for a total not-to-exceed contract amount of $339,529, for Technology Project, Project No. 3427
Category: Consent Calendar-Community Development
Meeting Date: 3/1/2022
Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301

Recommendations: Approve and Authorize the City Manager to Execute Amendment No. 4 with PSOMAS for Mapping and Field Investigation of the Traffic Signal Intersection and Fiber Optic System in the City GIS for the total amount of $93,201, for a total not-to-exceed contract amount of $339,529, for Technology Project, Project No. 3427

BACKGROUND:

The Technology Projects, Project No. 3427 (“Project”) is in the adopted 2022-2026 Capital Improvement Program. The City has an extensive GIS system, database and mapping of City underground water, sewer and storm drain assets. GIS mapping utility layers are referenced from 2,000 records of completed improvements totaling approximately 35,000 utility features. Originally, the water, sewer and storm drain assets were mapped in Auto CAD and were subsequently converted to a GIS database format. As a result, data from the CAD conversion including some numeric data requires rectification to properly convert to the new GIS format.

The City’s GIS mapping system also requires updates to include public improvement infrastructure information from development projects that were completed within the last 15 years and critical infrastructure such as traffic signal and fiber optic systems.

On June 18, 2019, the City Council approved the professional service agreement with PSOMAS to enhance, update, and verify the City GIS utility data base and public improvement infrastructure information from development project records for a total price not-to-exceed amount of $154,025. On April 1, 2020, the City Manager executed Amendment 1 to extend the expiration date of the Agreement by six months to allow the Consultant additional time to complete the verification, evaluation, and update of City utility information in the GIS system.

On June 2, 2020, City Council adopted a resolution for Approval of Contracts and Payments over $100,000 which included an amendment to PSOMAS professional service agreement not-to-exceed $200,000 for GIS utility data verification and update. On October 1, 2020, the City Managed executed Amendment 2 to expand mapping services to include traffic signals, communication interconnections between signals, and fiber optic facilities throughout the City through record drawing research and limited field investigation for an additional amount of $92,303 and for a total not-to-exceed contract amount of $246,328. On October 1, 2021, the City Manager executed Amendment 3 to extend the expiration date of the Agreement by six months to allow the Consultant additional time to complete the work.

ANALYSIS:

In reviewing the GIS traffic signal, intersection, fiber optic database layer, it was discovered that the existing data model was insufficient to deliver the expected level of asset information, and additional field investigative work and mapping of an additional 15 City traffic signals and fiber optic systems was required. Updating the 27 Item # C5.

data base and mapping of these critical infrastructure assets is critical for ongoing maintenance, planning future system improvements and upgrades, and to allow for the accurate locating of these underground facilities during construction to avoid damage and disturb these critical infrastructures.

Staff has negotiated a scope and fee with PSOMAS to complete the additional data model work for 15 traffic signals, and to perform additional field investigation and mapping of the City fiber system at 5 locations. This will conclude the mapping task of traffic signal and fiber optic system. Future work to update GIS related to City infrastructure will be funded through a new CIP “GIS Development and Data Collection” project. Staff recommends the City Council approve and authorize the City Manager to execute Amendment No. 4 (Attachment 1) with PSOMAS for additional compensation amount of $93,201 for a new contract not-to- exceed amount of $339,529, which is considered reasonable for the services to be provided.

POLICY ALTERNATIVE:

Alternative: Not approve and authorize the City Manager to execute an Amendment No. 4 with PSOMAS for the update of the City’s GIS mapping systems.

Pros: None

Cons: GIS database will remain outdated and not include records of these critical infrastructure for use by City staff to complete their duties.

Reason not recommended: Verification and update of the GIS database would provide significant cost savings resulting from greater efficiency in asset management and distribution of asset data and would benefit staff across multiple departments including Engineering, Public Works and Fire.

FISCAL IMPACT:

Adequate funds are available in Project No. 3427, Technology Projects, for this contract amendment, and no additional appropriation is required. Project No. 3427 is funded by the General Government CIP Fund and the Permit Automation Fund.

As of 12/31/2021, uncommitted balance of the Project is as follows:

Available Project Budget $491,402

Summary of Estimated Remaining Costs:

Amendment No.4 $93,201
Total $398,201

California Environmental Quality Act
Not Applicable

Recommendations:

Approve and Authorize the City Manager to Execute Amendment No. 4 with PSOMAS for Mapping and Field Investigation of the Traffic Signal Intersection and Fiber Optic System in the City GIS for the total amount of $93,201, for a total not-to-exceed contract amount of $339,529, for Technology Project, Project No. 3427

Attachments:

1. Original Agreement

2. Amendment No. 1

3. Amendment No. 2

4. Amendment No. 3

5. Amendment No. 4
28 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 29 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 30 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 31 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 32 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 33 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 34 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 35 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 36 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 37 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 38 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 39 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 40 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 41 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 42 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 43 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 44 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 45 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 46 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 47 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 48 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 49 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 50 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 51 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 52 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 53 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 54 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 55 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 56 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 57 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 58 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 59 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 60 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 61 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 62 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 63 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 64 Item # C5.

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DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 66 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 67 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 68 Item # C5.

Amen
dment No. 1

to PSA with Psomas

Pa
g
e
1 of
2 AMENDMENT NO. 1

PROFESSI
ONAL

SERVICE

S AGREEMENT

BETWEEN
THE

CITY OF MILPIT
A
S

AND

P
SOMAS

This Amendment is
entered
into
thi
s
1st

day o
f

April

2020
, by and bet
w
een
the City of Milpitas, a municipal corporation of the

State
of California (hereafter

ref
e
rred to as "C
ity
") and
P
s
o
m
a
s
, a California Corporation (hereafter referred to
as
“
C
onsultant
").

C
ity

and
C
onsultant

maybe
individually
referred to

herein as
“
Party
”

or j
ointly as the
“
Parties.
”

RECITA
LS
:

WHE
R
EAS, the
P
arties entered in
to a

Profe
ssi
onal Services

Agreement on
July 1,

2019
,

(
the
“Agreement”) for
GIS
data verification and update se
rvices

for
the
maximum
compensation
amount of $
154,025
,

and with a term period of

July 1,
2019,
through
Apri
l 1, 2020
; and

WHEREA
S, t
he
P
arti
e
s
now desire to

amend

the Agreement to

extend the
expiration

date of the Agreement

by six months
to allow
C
ONSUL
TAN
T

additional
tim
e to comp
l
ete

the

verificati
on, evaluation, and update
of

City utilit
y

in
formation

the City
’
s
GIS
system
,

as described in Exhibit A

th
e
A
gre
ement
,

a
nd

to
mak
e

ministerial changes to the Agreement
.

NOW THEREF
ORE, in consideration of the mutual covenants and
conditions herein co
ntained,

th
e

P
arties agree to amend the Agreement as
follows:

1. Section
5 , entitled “
Time

of
Pe
r
formance
,
”

is her
eby

amended
to read

as follows
:

“
The
term of this
Agreement sh
a
ll be from
Ju
ly 1
, 2019
,

to
October

1 ,
20 20
, unless
earlier

terminated as provided herein.

Consult
ant s
ha
ll
complete the services within the term of this
Agreement and

shall
meet any o
t
her es
tablished
schedules

and deadlin
es
.
”

2. T
he
Consult
ant agrees to m
aintain and pay for all insurance
policies

as stated i
n
Section

11, entitled

“
Insurance
”

of
the Agreeme
nt

d
ated
Ju
ly 1
, 2019. The
Consultant shall provide the City with renewa
l
certificates
of
the current policies upon
th
e

expiration of the current
policie
s
.

3. Except as

amended by this Amendment No. 1, all provisions
o
f the
Agreement shall remai
n unchanged and
in

full force and effect.

From
and after the date of this Amendment N
o. 1, whenever th
e term
“Agreement” appears in

the Agreement, it shall mean the
Agreement
as
amended by this Amendment No. 1.

4. The
P
arties her
e
to irrevocably stipulate an
d agree that the
y
have
each

received adeq
uate and independent consideration for the
pe
rformance of

th
e
obligations they have underta
ken pursuant to this
Amendment No
. 1.

DocuSign Envelope ID: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 69 Item # C5.

Amen
dment No. 1

to PSA with Psomas

Pa
g
e
2 of
2 5.

If any provision of this Amendment No. 1 shall be held in v
alid or

unenforceable by

a court of comp
et
ent jurisdiction, such hol
ding shall
not

invalidate or render unenforce
able any othe
r
provision of this
Amendment

No. 1 unless elimination of such

provision materially
alters the rights and

obligations set forth h
e
rein.

IN WITNESS WHEREOF, the Parties

have entered into this
Amendment No.
1 as of the
1st

day of
April

2020
.

CITY OF MILP
ITAS

Approved By:

Steven
G.

McHarris, Interim
City
Manager

Date

Approved As To Form:

Christopher J. Diaz
,
City Attorney

Approved
:

Walter
C.

R
ossmann,

Risk Manager/
Director of Finance

P
SOMAS

Craig Gooch
,
Vic
e President

Date

Approved As To Content
:

Steve Erickson
,

City Engineer/Director of Engineering

DocuSign Envelope ID: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 May-13-2020
May-15-2020
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 70 Item # C5.
9/4/2020 Business Search - Business Entities - Business Programs | California Secretary of State https://businesssearch.sos.ca.gov/CBS/Detail 1/2
Alex Padilla
California Secretary of State
Business Search - Entity Detail
The California Business Search is updated daily and reflects work processed through Thursday, September 3, 2020. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online.

C0705477 PSOMAS
Registration Date: 02/01/1974
Jurisdiction: CALIFORNIA
Entity Type: DOMESTIC STOCK
Status: ACTIVE
Agent for Service of Process: NICOLAS TARDITTI
100 CORPORATE POINTE, SUITE 265
CULVER CITY CA 90230
Entity Address: 555 S FLOWER ST, SUITE 4300
LOS ANGELES CA 90071
Entity Mailing Address: 100 CORPORATE POINTE, SUITE 265 CULVER CITY CA 90230
Certificate of Status
A Statement of Information is due EVERY year beginning five months before and through the end of February.

PDF
SI-COMPLETE 02/28/2020
SI-COMPLETE 02/25/2019
MERGER 01/30/2009
MERGER 01/01/2008
MERGER 03/29/2007
MERGER 02/27/2007
MERGER 01/31/2006
AMENDMENT 01/27/2006
AMENDMENT 09/15/2000
Document Type  File Date 
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 71 Item # C5.
9/4/2020 Business Search - Business Entities - Business Programs | California Secretary of State https://businesssearch.sos.ca.gov/CBS/Detail 2/2
PDF
AMENDMENT 12/14/1998
AMENDMENT 06/16/1995
MERGER 03/23/1990
MERGER 11/14/1988
AMENDMENT 04/03/1987
RESTATED REGISTRATION 12/31/1979 Image unavailable. Please request paper copy.

AMENDMENT 06/23/1975 Image unavailable. Please request paper copy.

REGISTRATION 02/01/1974 Image unavailable. Please request paper copy.

Document Type  File Date 
* Indicates the information is not contained in the California Secretary of State's database.

If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered.

For information on checking or reserving a name, refer to Name Availability.

If the image is not available online, for information on ordering a copy refer to Information Requests.

For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search or to request a more extensive search for records, refer to Information Requests.

For help with searching an entity name, refer to Search Tips.

For descriptions of the various fields and status types, refer to Frequently Asked Questions.

Modify Search New Search Back to Search Results
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 72 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 73 Item # C5.

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 74 Item # C5.

INSR ADDL SUBR
LTR

INSR WVD

DATE (MM/DD/YYYY)

PRODUCER

CONTACT
NAME:

FAX
PHONE
(A/C, No):
(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP

TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requ ired)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $

DAMAGE TO RENTED
$
PREMISES (Ea occurrence)

CLAIMS-MADE OCCUR
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOC
JECT

COMBINED SINGLE LIMIT
$
(Ea accident)
BODILY INJURY (Per person) $

ANY AUTO

OWNED SCHEDULED
BODILY INJURY (Per accident) $

AUTOS ONLY
AUTOS

AUTOS ONLY
HIRED

PROPERTY DAMAGE
$

AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE $

CLAIMS-MADE
AGGREGATE $
DED RETENTION $
$

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T

HE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT

TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be en dorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A sta tement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016/03)
ACORD
TM

CERTIFICATE OF LIABILITY INSURANCE
National Union Fire Ins. Co.
03/26/2020
Greyling Ins. Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta, GA 30022
Katie Kresner
770.552.4225 866.550.4082
[email protected]
Psomas
555 S. Flower Street
Suite 4300
Los Angeles, CA 90071
19445
20-21
AX
X
X
GL5268212 04/01/2020 04/01/2021 1,000,000
500,000
25,000
1,000,000
2,000,000
2,000,000
A
X
XX
CA4489706 04/01/2020 04/01/2021 2,000,000
A
N
WC015893764(AOS)
WC015893765(CA)
04/01/2020
04/01/2020
04/01/2021
04/01/2021
X
1,000,000
1,000,000
1,000,000
4MIL010100; GIS Data Verification and Enhancement. City of Milpitas is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing (See Attached Descriptions)
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, CA 95035-0000
1 of 2
#S2088176/M2087819
PSOMAS
Client#: 25181
KKRE1
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 75 Item # C5.

SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. 2 of 2
#S2088176/M2087819
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 76 Item # C5.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
4/21/2020
Dealey, Renton & Associates
License #0020739
600 Anton Blvd., #100
Costa Mesa CA 92626
Karin Thorp
714-427-6810
714-427-6818
[email protected]
XL Specialty Insurance Co.
37885
PSOMAS
PSOMAS
555 South Flower Street, Suite 4300
Los Angeles CA 90071
2018222704
A
Professional Liability
Claims Made
DPR9948578
10/15/2019
10/15/2020
Per Claim
Annual Aggregate
$1,000,000
$2,000,000
4MIL010100 -- GIS Data Verification and Enhancement
30 Day Notice of Cancellation
City of Milpitas
Attn: Kan Xu
455 E Calaveras Blvd
Milpitas CA 95035
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 77 Item # C5.

GL5268212
POLICY
NUMBER:

COMMERCIAL

GENERAL

LIABILITY
CG
20 37
04 13
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

ADDITIONAL

INSURED
-

OWNERS,

LESSEES
OR

CONTRACTORS
-

COMPLETED

OPERATIONS
This
endorsement
modifies
insurance
provided
under
the
following:

COMMERCIAL

GENERAL

LIABILITY

COVERAGE
PART

PRODUCTS/COMPLETED

OPERATIONS

LIABILITY

COVERAGE
PART

SCHEDULE
Name
Of
Additional
Insured
Person(s)
Or
Organization(s)
Location
And
Description
Of
Completed
Operations
ANY
PERSON
OR

ORGANIZATION
WHO
YOU
BECOME

OBLIGATED
TO

INCLUDE
AS
AN

ADDITIONAL

INSURED
AS
A
RESULT
OF
ANY

CONTRACT
OR

AGREEMENT
YOU
HAVE

ENTERED
INTO
PER
THE

CONTRACT
OR

AGREEMENT
Information
required
to
complete
this
Schedule,
if
not
shown
above,
will
be
shown
in
the
Declarations.

Section
II
-
Who
Is
An
Insured
is
amended
to
include
as
an
additional
insured
the
person(s)
or
organization(s)
shown
in
the
Schedule,
but
only
with
respect
to
liability
for
"bodily
injury"
or
"property
damage"
caused,
in
whole
or
in
part,
by
"your
work"
at
the
location
designated
and
described
in
the
Schedule
of
this
endorsement
performed
for
that
additional
insured
and
included
in
the
"products-completed
operations
hazard".

However:

1. The
insurance
afforded
to
such
additional

insured
only
applies
to
the
extent
permitted
by
law;
and

2. If
coverage
provided
to
the
additional
insured
is
required
by
a
contract
or
agree¬
ment,
the
insurance
afforded
to
such
addi¬
tional
insured
will
not
be
broader
than
that
which
you
are
required
by
the
contract
or
agreement
to
provide
for
such
additional
insured.

With
respect
to
the
insurance
afforded
to
these
additional
insureds,
the
following
is
added
to
Section
III
-
Limits
Of
Insurance:

If
coverage
provided
to
the
additional
insured
is
required
by
a
contract
or
agreement,
the
most
we
will
pay
on
behalf
of
the
additional
insured
is
the
amount
of
insurance:

1. Required
by
the
contract
or
agreement;
or

2. Available
under
the
applicable
Limits
of
Insu¬
rance
shown
in
the
Declarations;
whichever
is
less.

This
endorsement
shall
not
increase
the
appli¬
cable
Limits
of
Insurance
shown
in
the
Decla¬
rations.

CG
20 37
04 13
&
Insurance
Services
Office,
Inc.,
2012
Page
1 of
1 ÿ
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 78 Item # C5.

GL5268212
POLICY
NUMBER:

COMMERCIAL

GENERAL

LIABILITY
CG
20 10
04 13
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

ADDITIONAL

INSURED
-

OWNERS,

LESSEES
OR

CONTRACTORS
-

SCHEDULED
PERSON
OR

ORGANIZATION
This
endorsement
modifies
insurance
provided
under
the
following:

COMMERCIAL

GENERAL

LIABILITY

COVERAGE
PART

SCHEDULE
Name
Of
Additional
Insured
Person(s)
Or
Organization(s)
Location(s)
Of
Covered
Operations
ANY
PERSON
OR

ORGANIZATION
WHOM
YOU
BECOME

OBLIGATED
TO

INCLUDE
AS
AN

ADDITIONAL

INSURED
AS
A
RESULT
OF
ANY

CONTRACT
OR

AGREEMENT
YOU
HAVE

ENTERED
INTO.

PER
THE

CONTRACT
OR
AGREEMENT.

Information
required
to
complete
this
Schedule,
if
not
shown
above,
will
be
shown
in
the
Declarations.

1. Your
acts
or
omissions;
or

2. The
acts
or
omissions
of
those
acting
on
your
behalf;
in
the
performance
of
your
ongoing
operations
for
the
additional
insured(s)
at
the
location(s)
designated
above.

However:

1. The
insurance
afforded
to
such
additional
insured
only
applies
to
the
extent
permitted
by
law;
and

2. If
coverage
provided
to
the
additional
insured
is
required
by
a
contract
or
agreement,
the
insurance
afforded
to
such
additional
insured
will
not
be
broader
than
that
which
you
are
required
by
the
contract
or
agreement
to
provide
for
such
additional
insured.

With
respect
to
the
insurance
afforded
to
these
additional
insureds,
the
following
additional
exclusions
apply:

This
insurance
does
not
apply
to
"bodily
injury"
or
"property
damage"
occurring
after:

1. All
work,
including
materials,
parts
or
equipment
furnished
in
connection
with
such
work,
on
the
project
(other
than
service,
maintenance
or
repairs)
to
be
performed
by
or
on
behalf
of
the
additional
insured(s)
at
the
location
of
the
covered
operations
has
been
completed;
or

2. That
portion
of
"your
work"
out
of
which
the
injury
or
damage
arises
has
been
put
to
its
intended
use
by
any
person
or
organization
other
than
another
contractor
or
subcontractor
engaged
in
performing
operations
for
a
principal
as
a
part
of
the
same
project.

CG
20 10
04 13
©
Insurance
Services
Office,
Inc.,
2012
Page
1 of
2 ÿ
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 79 Item # C5.

With
respect
to
the
insurance
afforded
to
these
additional
insureds,
the
following
is
added
to
Section
III
-
Limits
Of
Insurance:

If
coverage
provided
to
the
additional
insured
is
required
by
a
contract
or
agreement,
the
most
we
will
pay
on
behalf
of
the
additional
insured
is
the
amount
of
insurance:

1. Required
by
the
contract
or
agreement;
or

2. Available
under
the
applicable
Limits
of
Insurance
shown
in
the
Declarations;
whichever
is
less.

This
endorsement
shall
not
increase
the
applicable
Limits
of
Insurance
shown
in
the
Declarations.

Page
2 of
2 €>
Insurance
Services
Office,
Inc.,
2012
CG
20 10
04 13
ÿ
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 80 Item # C5.

GL5268212
POLICY
NUMBER:

COMMERCIAL

GENERAL

LIABILITY
CG
20 01
04 13
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

PRIMARY
AND

NONCONTRIBUTORY
-
OTHER

INSURANCE

CONDITION
This
endorsement
modifies
insurance
provided
under
the
following:

COMMERCIAL

GENERAL

LIABILITY

COVERAGE
PART

PRODUCTS/COMPLETED

OPERATIONS

LIABILITY

COVERAGE
PART
The
following
is
added
to
the
Other
Insurance
Condition
and
supersedes
any
provision
to
the
contrary:

Primary
And
Noncontributory
Insurance
This
insurance
is
primary
to
and
will
not
seek
contribution
from
any
other
insurance
available
to
an
additional
insured
under
your
policy
provided
that:
(1)
The
additional
insured
is
a
Named
Insured
under
such
other
insurance;
and
(2)
You
have
agreed
in
writing
in
a
contract
or
agreement
that
this
insurance
would
be
primary
and
would
not
seek
contribu¬
tion
from
any
other
insurance
available
to
the
additional
insured.

CG
20 01
04 13
©
Insurance
Services
Office,
Inc.,
2012
Page
1 of
1 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 81 Item # C5.

GL5268212
POLICY

NUMBER-

COMMERCIAL

GENERAL

LIABILITY
CG
24 04
05 09
WAIVER
OF

TRANSFER
OF
RIGHTS
OF

RECOVERY

AGAINST
OTHERS
TO
US
This
endorsement
modifies
insurance
provided
under
the
following:

COMMERCIAL

GENERAL

LIABILITY

COVERAGE
PART

PRODUCTS/COMPLETED

OPERATIONS

LIABILITY

COVERAGE
PART

SCHEDULE
Name
Of
Person
Or
Organization:

PURSUANT
TO

APPLICABLE

WRITTEN

CONTRACT
OR

AGREEMENT
YOU
ENTER
INTO.

Information
required
to
complete
this
Schedule,
if
not
shown
above,
will
be
shown
in
the
Declarations.

The
following
is
added
to
Paragraph

8. Transfer
Of
Rights
Of
Recovery
Against
Others
To
Us
of
Sec¬
tion
IV
-
Conditions:

We
waive
any
right
of
recovery
we
may
have
against
the
person
or
organization
shown
in
the
Schedule
above
because
of
payments
we
make
for
injury
or
damage
arising
out
of
your
ongoing
opera¬
tions
or
"your
work"
done
under
a
contract
with
that
person
or
organization
and
included
in
the
"products-completed
operations
hazard".

This
waiver
applies
only
to
the
person
or
organization
shown
in
the
Schedule
above.

CG
24 04
05 09
©
Insurance
Services
Office,
Inc.,
2008
Page
1 of
1 ÿ
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 82 Item # C5.

CA4489706
04/01/2020

ENDORSEMENT
This
endorsement,
effective
12:01
A.M.
forms
a
part
of
policy
No.
issued
to
Psomas
by

NATIONAL
UNION
FIRE

INSURANCE

COMPANY
OF

PITTSBURGH,
PA
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

ADDITIONAL

INSURED
-
WHERE

REQUIRED
UNDER

CONTRACT
OR

AGREEMENT

ADDITIONAL
INSURED:

ANY
PERSON
OR

ORGANIZATION
FOR
WHOM
YOU
ARE

CONTRACTUALLY
BOUND
TO

PROVIDE

ADDITIONAL

INSURED
STATUS
BUT
ONLY
TO
THE
EXTENT
OF
SUCH
PERSON
OR

ORGANIZATIONS

LIABILITY

ARISING
OUT
OF
THE
USE
OF
A

COVERED
AUTO.

SECTION
II
-

LIABILITY

COVERAGE,
A.

Coverage,

1. -
Who
Is
Insured,
is
amended
to
add:
d.

Any
person
or
organization,
shown
in
the
schedule
above,
to
whom
you
become
obligated
to
include
as
an
additional
insured
under
this
policy,
as
a
result
of
any
contract
or
agreement
you
enter
into
which
requires
you
to
furnish
insurance
to
that
person
or
organization
of
the
type
provided
by
this
policy,
but
only
with
respect
to
liability
arising
out
of
use
of
a
covered
"auto".

However,
the
insurance
provided
will
not
exceed
the
lesser
of:
(1)
The
coverage
and/or
limits
of
this
policy,
or
(2)
The
coverage
and/or
limits
required
by
said
contract
or
agreement.

This
endorsement
modifies
insurance
provided
under
the
following:

BUSINESS
AUTO

COVERAGE
FORM

SCHEDULE
Authorized
Representative
or
Countersignature
(in
States
Where
Applicable)
87950
(10/05)
Page
1 of
1 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 83 Item # C5.

CA4489706
04/01/2020

ENDORSEMENT
This
endorsement,effective1
2:01
A.M.
forms
a
part
of
policy
No.
issued
to
PSOMAS
by

NATIONAL
UNION
FIRE

INSURANCE

COMPANY
OF

PITTSBURGH,
PA
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

INSURANCE

PRIMARY
AS
TO

CERTAIN

ADDITIONAL

INSUREDS
This
endorsement
modifies
insurance
provided
under
the
following:

BUSINESS
AUTO

COVERAGE
FORM
Section
IV
-
Business
Auto
Conditions,
B.,
General
Conditions,
5„
Other
Insurance,
c.,
is
amended
by
the
addition
of
the
following
sentence:

The
insurance
afforded
under
this
policy
to
an
additional
insured
will
apply
as
primary
insurance
for
such
additional
insured
where
so
required
under
an
agreement
executed
prior
to
the
date
of
accident
We
will
not
ask
any
insurer
that
has
issued
other
insurance
to
such
additionalinsured
to
contribute
to
the
settlement
of
loss
arising
out
of
such
accident.

All
other
terms
and
conditions
remain
unchanged.

Authorized
Countersigi
Authorized
Representative
or
Countersignature
(in
States
Where
74445
(10/99)
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 84 Item # C5.

CA4489706
04/01/2020
Psomas
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 85 Item # C5.

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The
following "attaching clause'' need be completed only when this endorsement is issued subsequent to preparation of the pol icy)
This endorsement, effective 12:01 AM 04/01/20

Issued to PSOMAS
forms a part of Policy No.

WC
015-89-3765
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization
with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you
perform for such person or organization.

The addit'tonal premium for this endorsement shall be 2. 00 %
of the total estimated workers compensation premium
for this policy.

WC 04 03 61
(Ed. 11/90)
Countersigned
by
_
Authorized Representative
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 86 Item # C5.

CA4489706
04/01/2020

ENDORSEMENT
#
This
endorsement,
effective
12:01
A.M.
forms
a
part
of
Policy
No.
issued
to
PSOMAS
By

NATIONAL
UNION
FIRE

INSURANCE

COMPANY
OF

PITTSBURGH,
PA
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

LIMITED
ADVICE
OF

CANCELLATION

PROVIDED
VIA
E-MAIL
TO

ENTITIES
OTHER
THAN
THE
FIRST
NAMED

INSURED
This
policy
is
amended
as
follows:

In
the
event
that
the
Insurer
cancels
this
policy
for
any
reason
other
than
non-payment
of
premium,
and

1. the
cancellation
effective
date
is
prior
to
this
policy's
expiration
date;

2. the
First
Named
Insured
is
under
an
existing
contractual
obligation
to
notify
a
certificate
holder
when
this
policy
is
canceled
(hereinafter,
the
"Certificate
Holder(s)")
and
has
provided
to
the
Insurer,
either
directly
or
through
its
broker
of
record,
the
email
address
of
a
contact
at
each
such
entity;
and

3. the
Insurer
received
this
information
after
the
First
Named
Insured
receives
notice
of
cancellation
of
this
policy
and
prior
to
this
policy's
cancellation
effective
date,
via
an
electronic
spreadsheet
that
is
acceptable
to
the
Insurer,
the
Insurer
will
provide
advice
of
cancellation
(the
"Advice")
via
e-mail
to
each
such
Certificate
Holders
within
jJO
days
after
the
First
Named
Insured
provides
such
information
to
the
Insurer;
provided,
however,
that
if
a
specific
number
of
days
is
not
stated
above,
then
the
Advice
will
be
provided
to
such
Certificate
Holder(s)
as
soon
as
reasonably
practicable
after
the
First
Named
Insured
provides
such
information
to
the
Insurer.

Proof
of
the
Insurer
emailing
the
Advice,
using
the
information
provided
by
the
First
Named
Insured,
will
serve
as
proof
that
the
Insurer
has
fully
satisfied
its
obligations
under
this
endorsement.

This
endorsement
does
not
affect,
in
any
way,
coverage
provided
under
this
policy
or
the
cancellation
of
this
policy
or
the
effective
date
thereof,
nor
shall
this
endorsement
invest
any
rights
in
any
entity
not
insured
under
this
policy.

The
following
Definitions
apply
to
this
endorsement:

1. First
Named
Insured
means
the
Named
Insured
shown
on
the
Declarations
Page
of
this
policy.

2. Insurer
means
the
insurance
company
shown
in
the
header
on
the
Declarations
page
of
this
policy.

All
other
terms,
conditions
and
exclusions
shall
remain
the
same.
ÿ
J
N\
I
Authorized
Representative
107414
(03/11)
Page
1 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 87 Item # C5.

GL5268212
04/01/2020

ENDORSEMENT
#
This
endorsement,
effective
12:01
A.M.
forms
a
part
of
Policy
No
issued
to
PSOMAS
By
NAT
I
ONAL
UN
I
ON
F
I
RE
I

NSURANCE

COMPANY
OF
P
I

TTSBURGH
,
PA
THIS

ENDORSEMENT

CHANGES
THE
POLICY.

PLEASE
READ
IT
CAREFULLY.

LIMITED
ADVICE
OF

CANCELLATION

PROVIDED
VIA
E-MAIL
TO

ENTITIES
OTHER
THAN
THE
FIRST
NAMED

INSURED
This
policy
is
amended
as
follows:

In
the
event
that
the
Insurer
cancels
this
policy
for
any
reason
other
than
non-payment
of
premium,
and

1. the
cancellation
effective
date
is
prior
to
this
policy's
expiration
date;

3. the
Insurer
received
this
information
after
the
First
Named
Insured
receives
notice
of
cancellation
of
this
policy
and
prior
to
this
policy's
cancellation
effective
date,
via
an
electronic
spreadsheet
that
is
acceptable
to
the
Insurer,
the
Insurer
will
provide
advice
of
cancellation
(the
"Advice")
via
e-mail
to
each
such
Certificate
Holders
within
%0
days
after
the
First
Named
Insured
provides
such
information
to
the
Insurer;
provided,
however,
that
if
a
specific
number
of
days
is
not
stated
above,
then
the
Advice
will
be
provided
to
such
Certificate
Holder(s)
as
soon
as
reasonably
practicable
after
the
First
Named
Insured
provides
such
information
to
the
Insurer.

Proof
of
the
Insurer
emailing
the
Advice,
using
the
information
provided
by
the
First
Named
Insured,
will
serve
as
proof
that
the
Insurer
has
fully
satisfied
its
obligations
under
this
endorsement.

The
following
Definitions
apply
to
this
endorsement:

1. First
Named
Insured
means
the
Namec
Insured
shown
on
the
Declarations
Page
of
this
policy.

2. Insurer
means
the
insurance
company
shown
in
the
header
on
the
Declarations
page
of
this
policy.

All
other
terms,
conditions
and
exclusions
shall
remain
the
same.

Authorized
Representative
107414
(03/1
1)
Page
1 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 88 Item # C5.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.

This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated
below.
(
The following" attaching c
lause"
need be com
pleted only
when this endorsement is issued subsequent to preparation of the policy).

This endorsement, effective 12:01 AM
04/01/20

forms a part of Policy No.

WC
015-89-3765
Issued to
PSOMAS
ByNATIONAL UNION FIRE

INSURANCE COMPANY

OF PITTSBURGH,
PA.

LIMITED ADVICE OF CANCELLATION PROVIDED VIA
E-MAIL

TO ENTITIES OTHER THAN THE NAMED

INSURED
(WORKERS' COMPENSATION
ONLY)
This policy is amended as follows:

In the event that the
Insurer
cancels this policy for any reason other than non-payment of premium, and

1. the cancellation effective date is prior to this policy's expiration date;

2. the Named
Insured
or, if applicable, any other employers named in Item
1 of the Information Page is under an
existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the
"Certificate Holder(s)") and the Named
Insured
has provided to the
Insurer,
either directly or through its
broker of
record
,
the email address of a contact at each such entity;
and

3. the
Insurer
received this information after the Named
Insured
receives notice of cancellation of this policy and
prior to this policy's cancellation effective date, vi
a an electronic spreadsheet that is acceptable to the
Insurer,
the
Insurer
will provide advice of cancellation (the "Advice")
via e-mail to each such Certificate Holders within
30 days
after the Named
Insured
provides such information to the
Insurer;
provided
,
however, that if
a
specific number of days
is not stated above
,
then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named
Insured
provides such information to the
Insurer.

Proof of the
Insurer
emailing the Advice, using the information provided by the First Named Insured,
will serve as
proof that the
Insurer
has fully satisfied its obligations under this endorsement.

This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.

The following definitions apply to this endorsement:

1. Named
Insured
means the insured first named employer in Item
1 of the Information Page of this policy.

2. Insurer
means the insurance company shown in the header on the Information Page of this policy.

All other terms, conditions and e
xclusions shall remain the same.

AUTHORIZED REPRESENTATIVE
:&
99 oo
56 (Ed. 04/11)
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 89 Item # C5.

Exhibit 2

2 Department
Name
Contractor Name (if
known) or Type of
Contract
Description of
Contract/Payment
Estimated
Amount Fund
Police Silicon Valley Regional
Interoperability
Authority
Silicon Valley Regional
Communications System
(SVRCS) - Annual Operations
and Maintenance for digital
radio system
$110,508 General Fund

Recreation &
Community
Services
County of Santa Clara Senior Nutrition Program
Meal service
$177,106 General Fund

2. FY 2020-21 Capital Improvement Program (CIP) Budget
CIP Category
CIP Project No. &
Name Description of Contract
Est.

Amount Fund
Community
Improvement
Comprehensive
Zoning Ordinance
Update (new)
Comprehensive Update to the
City’s Zoning Ordinance and
related EIR
$500,000 Community
Planning Fees
Community
Improvement
3418 Std. Details,
Guidelines &
Specs Update
Design/professional services
contract for Update Engineering
Std. Details and Specs
$350,000 Permit
Automation
Fund
Community
Improvement
3427 Technology
Projects
Design/professional services
contract amendment for GIS
Utility Data Verification and
Update (Psomas)
$200,000 Permit
Automation
Fund,
General Gov.

CIP Fund
Community
Improvement
3436 City Building
ADA Compliance
Review
Design/professional services
contract for provide ADA
compliance review of City
Buildings.
$150,000 General Gov.

CIP Fund
Street
Improvement
CIP 2021 Costa
Street Plan Line
Study
Design/professional services
contract for the preparation of a
Plan Line Study to evaluate the
extension of Costa Street to
connect to South Abel and South
Main Street in the Transit Area
Specific Plan (TASP) area. The
study will evaluate right-of-way,
adjacent property access,
emergency vehicle
access, pedestrian circulation,
and streetscape opportunities.
$125,000 TASP Impact
Fees

169
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D5290 Item # C5.

CITY COUNCIL MEETINGItem06/02/2020StaffSUMMARY OF ACTIONS10.OPEN THE PUBLIC HEARING AND ADOPT 7 RESOLUTIONS TO APPROVE THEFISCAL YEAR 2020-21 OPERATING BUDGET AND THE 2020-2025 CAPITALIMPROVEMENT PROGRAM FOR THE CITY OF MILPITAS AND THE MILPITASHOUSING AUTHORITY, APPROVE THE FISCAL YEAR 2020-21 GANNAPPROPRIATIONS LIMIT, AUTHORIZE VARIOUS FINANCIAL ACTIONS,APPROVING VARIOUS FINANCIAL POLICIES AND BUDGET GUIDELINES,AMEND THE CLASSIFICATION PLAN FOR ALIGNMENT WITH THE FY 2020-21BUDGET AND THE MINIMUM WAGE INCREASE, AMEND THE FRINGE BENEFITSFOR UNREPRESENTED AND LIMITED SERVICES EMPLOYEES, AMEND THE FY2020-21 MASTER FEE SCHEDULE(1) Closed the public hearing following comments from 3 residents.(2) Adopted 7 Resolutions:a) Joint Resolution No. 8976 / HA Resolution No. 30 approving FY 2020-21 OperatingBudget and 2020-2025 Capital Improvement Program for the City and Housing Authority, approveappropriations limit, and authorize various financial actions by the City Manager, includingapproval of contracts and payments of more than $100,000.b)Resolution No. 8977 to amend the Classification Plan to adjust the number of positions onthe Authorized Position List, amend specific budgeted, allocated positions, and establishclassification title changes.c)Resolution No. 8978 to amend the Classification Plan to adjust the hourly rate and rangesfor classifications due to a minimum wage increase pursuant to the minimum wage ordinance.d)Resolution No. 8979 to amend the List of Fringe Benefits and Eligibility for such Benefitsfor Limited Term Employees.e)Resolution No. 8980 to amend the Classification Plan to authorize fringe benefits forUnrepresented Management Employees.f)Resolution No. 8981 to amend the Classification Plan to adjust the Salary Schedules for allIAFF, Mid-Management Confidential, ProTech, Miscellaneous Unrepresented and FireUnrepresented Classifications consistent with previous Council Action.g)Resolution No. 8982 to amend the Master Fee Schedule for FY 2020-21 for revised userand regulatory fees for various City services.

Walter Rossmann
VOTE: 5-011.CONDUCT A PUBLIC HEARING AND INTRODUCE ORDINANCE NO. 38.840AMENDING SECTIONS OF CHAPTER 10, TITLE XI, OF THE MILPITASMUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITSa) Closed the public hearing following one comment.b) City Attorney read aloud title of Ordinance No. 38.840.c) Waived 1st reading beyond the title and introduced Ordinance No. 38.840 to amend Sections ofChapter 10, Title XI of Milpitas Municipal Code relating to Accessory Dwelling Units anddetermine that the Municipal Code (zoning) amendment is statutorily exempt from CEQAGuidelines Section 15282(h).Rozalynne ThompsonVOTE: 5-012.RECEIVE REPORT AND PRESENTATION ON APPLICATION PROCESS ANDTIMELINE FOR DEVELOPMENT PROJECTSReceived report from Sharon Goei and Ned Thomas on building development application processand timelines.Sharon Goei4 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 91 Item # C5.

Certificate Of Completion
Envelope Id: BE81F84E43C14FB0A04D0555A261D399
Status: Completed
Subject: Amendment 2_Psomas
Source Envelope:

Document Pages: 73
Signatures: 8
Envelope Originator:

Certificate Pages: 6
Initials: 4
Elizabeth Koo
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 108.233.121.170
Record Tracking
Status: Original
September 4, 2020 | 17:07
Holder: Elizabeth Koo
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Susan Barrett
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
Sent: September 8, 2020 | 13:44
Viewed: September 8, 2020 | 14:07
Signed: September 14, 2020 | 09:17
Electronic Record and Signature Disclosure:

Accepted: September 14, 2020 | 09:16
ID: 31fef0a0-264c-4d32-8267-91fd2629a69b
Victoria May
[email protected]
Financial Analyst II
City of Milpitas
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
Sent: September 14, 2020 | 09:17
Viewed: September 14, 2020 | 13:14
Signed: September 14, 2020 | 13:19
Electronic Record and Signature Disclosure:

Accepted: March 24, 2020 | 10:25
ID: 9057e3fd-7503-418b-954a-0e2c9d744af1
Chris Schroeder
[email protected]
Purchasing Agent
City of Milpitas
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
Sent: September 14, 2020 | 13:19
Viewed: September 14, 2020 | 14:21
Signed: September 14, 2020 | 14:22
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Craig Gooch
[email protected]
Vice President
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 75.163.224.191
Sent: September 14, 2020 | 14:22
Viewed: September 14, 2020 | 14:29
Signed: September 14, 2020 | 14:29
Electronic Record and Signature Disclosure:

Accepted: September 14, 2020 | 14:29
ID: b7315715-e26a-4037-940b-ed53c44195af
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 92 Item # C5.

Signer Events
Signature
Timestamp
Steve Erikson
[email protected]
City of Milpitas
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 24.130.143.83
Sent: September 14, 2020 | 14:29
Viewed: September 14, 2020 | 16:11
Signed: September 14, 2020 | 16:11
Electronic Record and Signature Disclosure:

Accepted: April 13, 2020 | 11:44
ID: e8919c8d-3d7d-4a9b-8ace-d7481f0ff8df
Walter C. Rossmann
[email protected]
Director Finance
City of Milpitas
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.198.18.29
Sent: September 14, 2020 | 16:11
Viewed: September 14, 2020 | 22:23
Signed: September 14, 2020 | 22:31
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Christopher Diaz
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Sent: September 14, 2020 | 22:31
Viewed: September 15, 2020 | 10:29
Signed: September 15, 2020 | 10:30
Electronic Record and Signature Disclosure:

Accepted: September 15, 2020 | 10:29
ID: 9aafe9ca-69e0-447f-8325-048d0ad882c1
Ashwini Kantak,
[email protected]
Assistant City Manager
City of Milpitas
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.194.141.6
Sent: September 15, 2020 | 10:30
Viewed: September 20, 2020 | 17:48
Signed: September 20, 2020 | 17:49
Electronic Record and Signature Disclosure:

Accepted: June 8, 2020 | 20:26
ID: f98cdde4-7f01-4783-ab98-967eec8211d9
Jessica Wutzke
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
Sent: September 20, 2020 | 17:49
Viewed: September 21, 2020 | 07:56
Signed: September 21, 2020 | 07:56
Electronic Record and Signature Disclosure:

Accepted: March 25, 2020 | 14:49
ID: f1cddc44-622d-4237-8159-06e5d0361314
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 93 Item # C5.

Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Rachelle Currie
[email protected]
Executive Secretary
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: September 15, 2020 | 10:30
Viewed: September 17, 2020 | 16:59
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Kan Xu
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: September 21, 2020 | 07:56
Viewed: September 21, 2020 | 08:58
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
September 21, 2020 | 07:56
Certified Delivered
Security Checked
September 21, 2020 | 07:56
Signing Complete
Security Checked
September 21, 2020 | 07:56
Completed
Security Checked
September 21, 2020 | 07:56
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 94 Item # C5.

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Milpitas (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Susan Barrett, Victoria May, Craig Gooch, Steve Erikson, Christopher Diaz, Ashwini Kantak,, Jessica Wutzke DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 95 Item # C5.

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO City of Milpitas:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected]

To advise Carahsoft OBO City of Milpitas of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO City of Milpitas To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 96 Item # C5.
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO City of Milpitas as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Milpitas during the course of your relationship with Carahsoft OBO City of Milpitas.

DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 97 Item # C5.

DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 98 Item # C5.

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
National Union Fire Ins. Co.
3/24/2021
Greyling Ins. Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta, GA 30022
Katie Kresner
770.220.7695 866.550.4082
[email protected]
Psomas
555 S. Flower Street
Suite 4300
Los Angeles, CA 90071
19445
21-22
A X
X
X
GL5268212 04/01/2021 04/01/2022 1,000,000
500,000
25,000
1,000,000
2,000,000
2,000,000
A
X
X X
CA4489706 04/01/2021 04/01/2022 2,000,000
A
N
WC015893764(AOS)
WC015893765(CA)
04/01/2021
04/01/2021
04/01/2022
04/01/2022
X
1,000,000
1,000,000
1,000,000
4MIL010100; GIS Data Verification and Enhancement. City of Milpitas is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing (See Attached Descriptions)
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, CA 95035-0000
1 of 2
#S2636036/M2627561
PSOMASClient#: 25181
KKRE1
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 99 Item # C5.

SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. 2 of 2
#S2636036/M2627561
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 100
Item # C5.

POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN
PER THE CONTRACT OR AGREEMENT.

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.

GL5268212
04/01/2021
04/01/2022
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 101
Item # C5.

Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage
provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under
the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 102
Item # C5.

POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

ANY PERSON OR ORGANIZATION

WHOM YOU BECOME OBLIGATED

TO INCLUDE AS AN ADDITIONAL INSURED

AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured
only applies to the extent permitted
by law; and

2. If coverage
provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect
to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under
the applicable limits of
insurance;
whichever is less.

This endorsement
shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 GL5268212
04/01/2021
04/01/2022
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 103
Item # C5.

GL5268212
04/01/2021
04/01/2022
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 104
Item # C5.

GL5268212
04/01/2021
04/01/2022
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 105
Item # C5.

CA4489706
04/01/2021
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 106
Item # C5.

CA4489706
04/01/2021
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 107
Item # C5.

CA4489706
04/01/2021
Psomas
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 108
Item # C5.

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
(The following "attaching clause'' need be completed only when this endorsement is issued subsequent to preparation of the policy) Issued to PSOMAS
This endorsement, effective 12:01 AM 04/01/2021 forms a part of Policy No. WC 015- 89-3765 By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization.

The addit'tonal premium for this endorsement shall be 2. 00 % of the total estimated workers compensation premium for this policy.

WC 04 03 61
(Ed. 11/90)
Countersigned by _
Authorized Representative
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 109
Item # C5.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
9/23/2020
Dealey, Renton & Associates
License #0020739
600 Anton Blvd., #100
Costa Mesa CA 92626
Karin Thorp
714-427-6810
714-427-6818
[email protected]
XL Specialty Insurance Co.
37885
PSOMAS
PSOMAS
555 South Flower Street, Suite 4300
Los Angeles CA 90071
1116956140
A
Professional Liability
Claims Made
DPR9965760
10/15/2020
10/15/2021
Per Claim
Annual Aggregate
$1,000,000
$2,000,000
4MIL010100 -- GIS Data Verification and Enhancement
30 Day Notice of Cancellation
City of Milpitas
Attn: Kan Xu
455 E Calaveras Blvd
Milpitas CA 95035
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 110
Item # C5.

Certificate Of Completion
Envelope Id: 9E3266A972304B64A4395D062D234D52
Status: Sent
Subject: RUSH: Time Extension only.

Source Envelope:

Document Pages: 97
Signatures: 7
Envelope Originator:

Certificate Pages: 5
Initials: 0
Mirna McGaughey
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
September 24, 2021 | 09:04
Holder: Mirna McGaughey
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Steve Erickson
[email protected]
City of Milpitas
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 174.194.135.223
Sent: September 24, 2021 | 14:20
Viewed: September 24, 2021 | 16:06
Signed: September 24, 2021 | 16:06
Electronic Record and Signature Disclosure:

Accepted: April 13, 2020 | 11:44
ID: e8919c8d-3d7d-4a9b-8ace-d7481f0ff8df
Lauren Lai
[email protected]
Finance Director/Risk Manager
City of Milpitas
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 71.198.223.128
Sent: September 24, 2021 | 16:07
Viewed: September 24, 2021 | 19:11
Signed: September 26, 2021 | 20:33
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Christopher J. Diaz
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Sent: September 26, 2021 | 20:34
Viewed: September 27, 2021 | 12:25
Signed: September 27, 2021 | 12:28
Electronic Record and Signature Disclosure:

Accepted: September 27, 2021 | 12:25
ID: f9a47934-98d5-46db-ab63-2b398e41d71e
Walter C. Rossmann
[email protected]
Deputy City Manager
City of Milpitas
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 46.57.21.42
Sent: September 27, 2021 | 12:28
Viewed: September 27, 2021 | 22:34
Signed: September 27, 2021 | 22:36
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
111
Item # C5.

Signer Events
Signature
Timestamp
Account Payable
[email protected]
City Employee
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: September 27, 2021 | 22:36
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Rachelle Currie
[email protected]
Senior Executive Assistant
City of Milpitas
Security Level: Email, Account Authentication
(None)
Sent: September 27, 2021 | 12:28
Viewed: September 27, 2021 | 12:51
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lyhak Eam
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: September 27, 2021 | 22:36
Viewed: September 28, 2021 | 07:23
Electronic Record and Signature Disclosure:

Accepted: May 3, 2021 | 07:12
ID: 8eb30abf-53c4-415f-b3c5-745d981a023d
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
September 24, 2021 | 14:20
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
112
Item # C5.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Steve Erickson, Christopher J. Diaz, Lyhak Eam 113
Item # C5.

How to contact Carahsoft OBO City of Milpitas:

To contact us by email send messages to: [email protected]

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
114
Item # C5.
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Amen
dment No. 1

to PSA with Psomas

Pa
g
e
1 of
2 AMENDMENT NO. 1

PROFESSI
ONAL

SERVICE

S AGREEMENT

BETWEEN
THE

CITY OF MILPIT
A
S

AND

P
SOMAS

This Amendment is
entered
into
thi
s
1st

day o
f

April

2020
, by and bet
w
een
the City of Milpitas, a municipal corporation of the

State
of California (hereafter

ref
e
rred to as "C
ity
") and
P
s
o
m
a
s
, a California Corporation (hereafter referred to
as
“
C
onsultant
").

C
ity

and
C
onsultant

maybe
individually
referred to

herein as
“
Party
”

or j
ointly as the
“
Parties.
”

RECITA
LS
:

WHE
R
EAS, the
P
arties entered in
to a

Profe
ssi
onal Services

Agreement on
July 1,

2019
,

(
the
“Agreement”) for
GIS
data verification and update se
rvices

for
the
maximum
compensation
amount of $
154,025
,

and with a term period of

July 1,
2019,
through
Apri
l 1, 2020
; and

WHEREA
S, t
he
P
arti
e
s
now desire to

amend

the Agreement to

extend the
expiration

date of the Agreement

by six months
to allow
C
ONSUL
TAN
T

additional
tim
e to comp
l
ete

the

verificati
on, evaluation, and update
of

City utilit
y

in
formation

the City
’
s
GIS
system
,

as described in Exhibit A

th
e
A
gre
ement
,

a
nd

to
mak
e

ministerial changes to the Agreement
.

NOW THEREF
ORE, in consideration of the mutual covenants and
conditions herein co
ntained,

th
e

P
arties agree to amend the Agreement as
follows:

1. Section
5 , entitled “
Time

of
Pe
r
formance
,
”

is her
eby

amended
to read

as follows
:

“
The
term of this
Agreement sh
a
ll be from
Ju
ly 1
, 2019
,

to
October

1 ,
20 20
, unless
earlier

terminated as provided herein.

Consult
ant s
ha
ll
complete the services within the term of this
Agreement and

shall
meet any o
t
her es
tablished
schedules

and deadlin
es
.
”

2. T
he
Consult
ant agrees to m
aintain and pay for all insurance
policies

as stated i
n
Section

11, entitled

“
Insurance
”

of
the Agreeme
nt

d
ated
Ju
ly 1
, 2019. The
Consultant shall provide the City with renewa
l
certificates
of
the current policies upon
th
e

expiration of the current
policie
s
.

3. Except as

amended by this Amendment No. 1, all provisions
o
f the
Agreement shall remai
n unchanged and
in

full force and effect.

From
and after the date of this Amendment N
o. 1, whenever th
e term
“Agreement” appears in

the Agreement, it shall mean the
Agreement
as
amended by this Amendment No. 1.

4. The
P
arties her
e
to irrevocably stipulate an
d agree that the
y
have
each

received adeq
uate and independent consideration for the
pe
rformance of

th
e
obligations they have underta
ken pursuant to this
Amendment No
. 1.

DocuSign Envelope ID: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 116
Item # C5.

Amen
dment No. 1

to PSA with Psomas

Pa
g
e
2 of
2 5.

If any provision of this Amendment No. 1 shall be held in v
alid or

unenforceable by

a court of comp
et
ent jurisdiction, such hol
ding shall
not

invalidate or render unenforce
able any othe
r
provision of this
Amendment

No. 1 unless elimination of such

provision materially
alters the rights and

obligations set forth h
e
rein.

IN WITNESS WHEREOF, the Parties

have entered into this
Amendment No.
1 as of the
1st

day of
April

2020
.

CITY OF MILP
ITAS

Approved By:

Steven
G.

McHarris, Interim
City
Manager

Date

Approved As To Form:

Christopher J. Diaz
,
City Attorney

Approved
:

Walter
C.

R
ossmann,

Risk Manager/
Director of Finance

P
SOMAS

Craig Gooch
,
Vic
e President

Date

Approved As To Content
:

Steve Erickson
,

City Engineer/Director of Engineering

DocuSign Envelope ID: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 May-13-2020
May-15-2020
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 117
Item # C5.

Extension
Fiscal Year
Vendor Telephone
Item
Quantity
Unit of
Measure
Unit Price
Extended Price
Sub Total:

Tax:

Freight:

Total:

APPROVAL DATE

REVIEWER INITIALS

REVIEW DATE
______________________
CAO
_____________________
______________________
______________________
Insurance
_____________________
______________________
______________________
Budget
_____________________
______________________

YES NO
Release Date:

Start Date:

End Date:

Extend to Date:

Commodity Code:

Ship to Code:

PO Entered on:

Revsied: 8 / 3 / 2020
AP Received:
_____________________________________
_____________________________________
_____________________________________
_____________________________________
If yes, on what date?
____________________________
Account Number: Fund- Function-
Expenditure/ CP/ PG/ GT
Department Head
Finance Director
City Manager
Applicable Terms and Conditions
City of Milpitas
Vendor Number
Requesting Department
Date Requested
Contract Name/ Description
Requestor
Vendor Name
Vendor Email
Vendor Address
Ship to Address
Description
PO # :

PO Entered by:

For Accounting Use Only
Signature Approval:

Agreement Dated:

If Depreciable, Use PO #: (EQ)
CIP Budget Check:

Batch # :

Insurance Expires:

Total Contract Amount with Amendments
Initial Not-to-Exceed Contract Amount
Previous Amendments' Contract Amount (if any)
Current Amendment Contract Amount (if any)
Acct. Code Check:

Terms of the Contract
Did the Contract/ Amendment go to Council for Approval? YES NO Solicitation process required?
If conducted, total number of Proposals/ Bids received:
__________________________
__________________________
__________________________

APPROVAL SIGNATURE
Notes
(must be completed)
Purchase Order Requisition
09/08/2020
Engineering
Kan Xu
x3253
FY 2020/21
Mapping signalized intersections, interconnections between signals, and fiber throughout the City. 14766
Psomas
[email protected]
909-260-6611
P.O. Box 51463
Los Angeles, CA 90051-5763
1 1
EA
Mapping signalized intersections, interconnections between signals, and fiber throughout the City.

CP3427-2-4237
92,303.00
92,303.00

0.00 0.00

0.00 0.00
92,303.00
92,303.00
Contract
154,025.00
92,303.00
246,328.00
07/01/2019
10/01/2020
10/01/2021
06/02/2020
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 Sep-14-2020
Sep-14-2020
Sep-20-2020
FY20450
Amendment No. 1
Jessica Wutzke
10/13/20
A100
091800
X
X
X
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 118
Item # C5.

Amendment No. 2 to PSA with Psomas Page 1 of 3
AMENDMENT NO. 2

TO PROFESSIONAL SERVICE S AGREEMENT

BETWEEN THE CITY OF MILPIT AS

AND PSOMAS

This Amendment No. 2 is entered into thi s 1st day of October 2020 , by and between the City of Milpitas, a municipal corporation of the State of California (he re after referred to as "C ity ") and Psomas , a California Corporation (hereafter referred to as “C onsultant "). City and C onsultant maybe individually referred to herein as “Party” or jointly as the “Parties.”

RECITALS :

WHEREAS, the Parties entered into a Pro fessional Services Agreement on July 1, 2019 , for GIS data verification and update services for the maximum compensation amount of $ 154,025 , and with a term period of July 1, 2019, through April 1, 2020 (the “Agreement”) ; and

WHEREAS, on April 1, 2020 , the Parties entered into Amendment No. 1 to the Agreement to extend the expiration date of the Agreement by six months to allow the C onsultant additional time to complete the verification, evaluati on, and update of City utility information in the City’s GIS s ystem, and to make ministerial changes to the Agreement; and

WHEREAS, the Parties now desire to amend the Agreement to further extend the expiration date of the Agreement by one additional year to allow Consultant to perform mapping signalized intersectio ns, interconnections between signals, and fiber throughout the City , and to increase the maxim um compensation amount by $92,303.00 to allow for these further services.

NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained , the Parties agree to amend the Agreement as follows:

1. Section 1, entitled “Services,” is her eby amended to read as follows:

“Consultant shall provide the City with the services described in the Scope of Services as Exhibits A and A 1, attached hereto and incorporated herei n. ”

2. Section 2, entitled “Compensation,” the first line o f subsection b. is hereby amended to read as follows:

“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Two Hundr ed Forty -Six Thousand Three Hundred Twenty -Eight Dollars and Zero Cents ($246,328 ).”

3. Section 5, entitled “ Time of Performance ,” is hereby amended to read as follows :

“The term of this Agreement shall be from Ju ly 1 , 2019 , to October 1 , 20 21, unless ear lier terminated as provided herein. Consultant shall comple te the services within the term of this Agreement and shall meet any other established schedules and deadlines. ”

DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 119
Item # C5.

Amendment No. 2 to PSA with Psomas Page 2 of 3

4. The Consultant agrees to maintain and pay for all insurance policies as stated in Section 11, entitled “Insurance” of the Agreement . The Consultant shall provide the City with renewal certificates of the current policies upon the expiration of the current policies .

5. Except as amended by this Amendment No. 2, all provisions of the Agree ment shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

6. The Parties hereto irrevoca bly stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

7. If any provision of this Amendment No. 2 shall be held invalid or une nforceable by a court of competent juris diction, such holding shall not invalidate or render unenforceable any other provision of this Amendment No. 2 unless elimination of such provision materially alters the rights and obligations set forth herein.

IN WITNESS WHEREOF, the Parties have enter ed into this Amendment No. 2 as of the 1st day of October 2020.

CITY OF MILPITAS

Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Christopher J. Diaz, City Attorne y

Approved:

Walter C. Rossm ann,
Risk Manager/Director of Finance

PSOMAS

Craig Gooch , Vice President

Date

Approved As To Content:

Steve Erickson ,
City Engineer/Director of Engineering
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 Sep-14-2020
Sep-20-2020
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Amendment No. 2 to PSA with Psomas Page 3 of 3
EXHIBIT A -1
Scope of Services
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1500 Iowa Avenue
Suite 210
Riverside, CA 92507-2179

Tel 951.787.8421
Fax 951.682.3379
www.Psomas.com
September 4, 2020
Kan Xu
1265 N. Milpitas Blvd.

Milpitas, CA 95035

Re: Estimate for Mapping Intersections, Signal Interconnects, and Fiber Dear Kan:

Attached is a proposed scope of work for Psomas to perform mapping signalized intersections, interconnections between signals, and fiber throughout the City.

The proposal reflects our recent discussions about project objectives and approach. The project approach is to use design drawings or as-builts as the primary source for mapping.

Where the sources are schematic, Psomas will obtain field GPS measurements of surface features (pull boxes and vaults) to improve positional representation. For missing plans, underground utility locate services will be used with GPS locating to map those assets.

Psomas has been working for VTA over the last four years in the vicinity and has access to primary control that will assure high accuracy surveying services.

Deliverables will be in an Esri Geodatabase structure defined at the project initiation phase.

Please let me know if you have questions or would like additional information.

Sincerely,

Craig H. Gooch
Vice President

cc: Ron Long
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September 4, 2020
Estimate for Mapping Intersections, Signal Interconnects, and Fiber

Background
Psomas is assisting the City with improving the GIS data quality for water, storm water, and sewer infrastructure elements. The project’s primary goal is to increase the completeness and accuracy of these GIS layers to establish the system of record that will improve confidence in data driven decisions for managing these assets.

The City has requested Psomas to provide a services proposal to map assets representing street intersection assets and conductor locations within the intersections and between connected intersections. Additionally, the City fiberoptic conduit / cable locations will be mapped. This document is a proposal to perform these mapping services.

Psomas has extensive survey experience in the project area having supported VTA with horizontal and vertical control for the BART extension over the last four years. Using the VTA established control will result in GPS survey accuracy of 1/10th of a foot for horizontal and vertical measurements.

Project Objectives
• Map all signalized intersections with components including the following:
o Advanced detection zone or loops
o Bike detection zone
o Video detection zone
o Pedestal / Cabinets
o Poles
o Signal mast arm
o Signal head and Luminary type
o Pedestrian button
o Pull box
o Turn Arrow
o Conduit
o Fiber
o Conductors
o Grounding Rod

• Attributes or annotation will be added to show depth and offset from field features such as face of curb as they are annotated on the design drawings.

• Map Fiber Optic line locations
o Conduit
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September 4, 2020
Estimate for Mapping Intersections, Signal Interconnects, and Fiber

o Pull box
o Vault
o Pedestal
Mapping Methodology
The following steps will be performed to perform the mapping with the goal of achieving high accuracy mapping balanced with the cost of data collection. • Use design drawings and as-builts provided by the City for feature extraction, registered to the ortho imagery and parcels. Call out dimensions will be used to position assets based on well-defined features on the ortho imagery. • Field locates will locate interconnect and fiber optic surface features (pull boxes, vaults) using GPS when the drawings provided by the City are schematic without dimensions or other means of accurately positioning the assets. • Identify content gaps and area of unclear locations for field locating services. For the gap areas, Psomas will provide a service estimate for subsurface utility locating. The City will provide authorization before Psomas performs the locate services. • Remaining gaps in asset locations will be submitted to the City for resolution. • A pilot phase will be implemented to engage the City in review of the project deliverables and verify the process is resulting in the desired deliverables.

Scope of Work
Task 1. Project Initiation
Upon notice to proceed, Psomas and the City will participate in a project kickoff meeting to review the project objectives, the scope of work, decide on communication and coordination, and clarify roles and responsibilities. All relevant plans will be requested from the City and a SharePoint location agreed to for placing the documents.

Task 2. Intersection Mapping
There are approximately 72 signalized intersections within the City of Milpitas. Intersections will be mapped from as-built construction plans and placing them in geographic space to align with the existing aerial imagery and cadastral framework. All parts or components of the plans will be digitized using an Esri / experience-based schema developed with input and approval from the City. Controllers, cabinets, detectors, poles, cameras, fixtures, pull boxed, conduit loops etc. will be digitized and any annotation the city deems necessary for future GIS applications will be captured.

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September 4, 2020
Estimate for Mapping Intersections, Signal Interconnects, and Fiber

Each plan will be digitized as a discreet product and placed into the City’s projection / cadastral basemap. Source documents / document URL will be included as attribute values for all plans.

Task 3 Interconnect Digitizing and Utility Locating.

Psomas surveyors will survey the location of pull boxes and vaults along the interconnect locations to establish control for mapping the schematic plans. Plan measurements with offset calls and depth indications will be used to place and attribute the cables / conduits controlled by the GPS locations.

Contingency Service
For areas where plans are unavailable, the City may authorize Psomas to perform utility locating and GPS measurements of surface markings from the locate process. Industry standard methods for utility location will be used to trace lines and mark the surface above the lines. Psomas will provide cost estimates for the lines or sections of the line that the locates are requested prior to performing the services. GPS survey of the markings will provide a GIS feature representing the line locations. This is a contingency items as it is unknown if or how much locating would need to be performed.

Project Deliverables
• Geodatabase target schema and mapping specifications
• Geodatabase containing assets
• GPS locations of vaults and pull boxes
• Task request for field locating services where other mapping methods are not viable • Links to as-built drawings as attribute to GIS features • Source quality attribution (from plan, GPS, orthophoto, etc.) Assumptions
• All plans are available for intersections and interconnect locations. • Plans may be a schematic representation of the asset locations. • Areas missing plans will be mapped based on field asset locating or City subject matter experts drafting the locations on a basemap for use by Psomas in digitizing the assets.

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September 4, 2020
Estimate for Mapping Intersections, Signal Interconnects, and Fiber

• Approximately 13 miles of fiber and interconnects that require GPS surveying of pull boxes and vaults. Average distance between boxes is assumed to be 400 ft. and a production rate of 50 points per day.
• Daily survey field crew rate is $3,000 for a 10-hour day. The estimated average number of locations surveyed is 50 per day including office quality control and coordinate file delivery. Actual quantity of surveyed locations will depend on the distribution and density of locations.
• Daily utility locator crew rate is $2,200. First day on a work order has a mobilization fee of $200. The amount of utility locating if any is unknown until all plans are inventoried and any gaps identified. Once the gaps are identified, Psomas will provide a quote for the utility locate and associated mapping.

Project Schedule
The estimated duration for the mapping is 13 weeks with a total project duration of 16 weeks providing time for the City to provide plans and perform final data acceptance testing.

Key milestones include
• Project Kickoff (W1)
• Receipt of all plans (W2)
• Intersection mapping (W2-W11)
• Interconnect mapping (W8-W14)
• Final data QC and delivery. (W5–W16)

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September 4, 2020
Estimate for Mapping Intersections, Signal Interconnects, and Fiber

Estimated Fee
The service estimate includes fixed and variable costs. The fixed costs include the data modeling, intersection mapping, interconnect mapping, data quality review, delivery, and project management.

Variable costs include GPS surveying (estimated at 50 points per day, with a total of 170 GPS features).

Interconnect conductor / conduit locating is not knowable until the project is underway. A contingency is included below.

Milpitas Interconnect Mapping
Task No. Deliverables Total Cost
Task 1 Project Initiation

1.1 Project initiation and Database design $ 1,258

1.2 Source data collection (City to upload) $ - Task 1 Total $ 1,258

Task 2 Intersection Mapping

2.1 Mapping 72 intersections $ 47,784
Task 2 Total $ 47,784

Task 3 Interconnection Mapping

3.1 GPS Locating based on schematic plans $ 13,736

3.2 Mapping $ 9,525
Task 3 Total $ 23,261
Project Total $ 72,303
Utility Locating Contingency $ 20,000
Total with Contingency $ 92,303

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Item # C5.

Extension
Fiscal Year
Vendor Telephone
Applicable Terms and Conditions

APPROVAL DATE

REVIEWER INITIALS

REVIEW DATE
______________________
CAO
___________________
______________________
______________________
Insurance
___________________
______________________
______________________
Accounts Payable
___________________
______________________
Release Date:

Start Date:

Commodity Code:

Ship to Code:

PO Entered on:

Revsied: 2/18/2021

APPROVAL SIGNATURE
Finance Director/ Risk Manager
City Manager
Current Amendment Contract Amount (if any)
_____________________________
_____________________________
_____________________________
Solicitation process required?
If conducted, total number of Proposals/ Bids received:
__________________________
__________________________
__________________________
PO # :

PO Entered by:

For Accounting Use Only
Signature Approval:

Agreement Dated:

If Depreciable, Use PO #: (EQ)
CIP Budget Check:

Batch # :

Insurance Expires:

Acct. Code Check:

City of Milpitas
Vendor Number
Contract Name/ Description
Vendor Name
Vendor Email
_____________________________
If yes, on what date?
Please provide a brief description of the approval request Date Requested
Requesting Department
Requestor
Vendor Address
Ship to Address
Total Contract Amount with Amendments
Initial Not-to-Exceed Contract Amount
Previous Amendments' Contract Amount (if any)
____________________________
Department Head
Terms of the Contract

YES

NO
Extend to Date:

End Date:

Did the Contract/ Amendment go to Council for Approval? YES NO Amendment Approval
9/23/21
Engineering
Michael Silveira
3303
FY 2020/21
GIS Data Verification and Updates
14766
Psomas
[email protected]
310-954-3700
11444 West Olympic Boulevard
Suite 750
West Los Angeles CA 90064
Request to amend the agreement to extend the expiration date of the agreement by six months.

Contract
$154,025.00
$92,303.00
$0.00
$246,328.00
07/01/2019
10/01/2021
04/01/2022
6/2/20
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Sep-26-2021
Sep-27-2021
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Item # C5.

Amendment No.
3 to

PSA with Psomas

Page
1 of
2 AMENDMENT NO.
3 TO

PROFESSIONAL

SERVICE

S AGREEMENT

BETWEEN
THE

CITY OF MILPIT
A
S

AND

PSOMAS

This Amendment

No.
3 is entered
into
thi
s
1 s t

day of
October

202
1 , by and
between the City of Milpitas, a municipal corporation of the State of California (he
re
after referred to as "C
ity
") and
Psomas
, a California Corporation (hereafter
referred to as
“C
onsultant
").

C
ity

and C
onsultant

maybe
individually
referred to
herein as “Party” or jointly as the “Parties.”

RECITALS
:

WHEREAS, the
P
arties entered into a

P
ro
fessional Services

Agreement on
July 1,

2019
,

for
GIS data verification and update services

for
the
maximum
compensation
amount of $
154,025
, and with a term period of July 1, 2019,
through April 1, 2020
(
the
“Agreement”)
; and

WHEREAS,
o
n

April 1, 2020
,
the

Parties
entered into Amendment No. 1 to
the Agreement to
extend the expiration date of the Agreement by six months to allow the C
onsultant

additional time to complete the verification, evaluati
on, and
update of City utility information in the City’s GIS s
ystem, and to make ministerial
changes to the Agreement; and

WHEREAS,
on
October

1, 2020
,
the

Parties
entered into Amendment No.
2 to
the Agreement to

further
extend the expiration date of the Agreement

by
one
additional
year

to allow
C
onsultant

to perfor
m mapping signalized intersectio
ns,
interconnections between signals, and fiber throughout the City ,

and to increase
the maxim
um compensation amount by $92,303.00 to allow for these further services.

WHEREA
S, t
he
P
arti
e
s
now desire to

amend

the Agreement
to

extend the
expiration

date of the Agreement

by six months
to allow
C
ONSUL
TAN
T

additional
tim
e to comp
l
ete

the

verificati
on, evaluation, and update
of

City
signalized
intersectio
ns, interconnections between signals, and fiber
in

the City
’
s
GIS
system
,

described in Exhibit A

and

A
-
1 to

th
e
A
gre
ement
,

a
nd

to
mak
e

ministerial changes to the Agreement
.

NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained
, the
P
arties agree to amend the Agreement as
follows:

1. Section
5 , e
ntitled “
Time of Performance
,
”
is hereby

amended to read

as follows
:

“
The term of this Agreement shall be from
October 1
, 20
2 1
,

to
April
1 , 20
2 2
,
unless ear
lier terminated as provided herein. Consultant shall comple te the
services within the term of this

Agreement and

shall meet any other
established schedules and deadlines.
”

2. The Consultant agrees to maintain and pay for all insurance policies as stated in

Section 11, entitled “Insurance” of the Agreement
. The
Consultant shall provide the City with renew
al certificates of the
current policies upon the expiration of the current policies .

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Amendm
ent No. 3 to PSA with Psomas Page 2 of 2

3. Except as amended by this Amendment No. 3, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

4. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

5. If any provision of this Amendment No. 3 shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Amendment No. 3 unless elimination of such provision materially alters the rights and obligations set forth herein.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the 1st day of October 2021.

CITY OF MILPITAS

Approved By:

St
even G. McHarris, City Manager

Da
te

Approved:

La
uren Lai,
Finance Director/Risk Manager

Approved As To Form:

Ch
ristopher J. Diaz, City Attorney

PS
OMAS

Cr
aig Gooch, Vice President

Da
te

Approved As To Content:

St
eve Erickson,
City Engineer/Director of Engineering

9/24/2021
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Item # C5.

Amendment No. 4 to PSA with PSOMAS Page 1 of 4
AMENDMENT NO. 4

TO PROFESSIONAL SERVICE S AGREEMENT

BETWEEN THE CITY OF MILPIT AS

AND PSOMAS

This Amendment No. 4 is entered into thi s 1st day of March 2022 , by and between the City of Milpitas, a municipal corporation of the State of California (here af ter referred to as "C ity ") and P SOMAS, a California Corporation (hereafter referred to as “C onsultant "). City and C onsultant maybe individually referred to herein as “Party” or jointly as the “Parties.”

RECITALS :

WHEREAS, the P arties entered into a Pro fe ssional Services Agreement on July 1, 2019, for GIS data verification and update services for the maximum compensation amount of $154,025, and with a term period of July 1, 2019, through April 1, 2020( the “Agreement”) ; and

WHEREAS, on April 1, 2020, the Parties entered into Amendment No. 1 to the Agreement to extend the expiration date of the Agreement by six months to allow the C onsultant additional time to complete the verification, evaluati on, and update of City utility information i n the City’s GIS system, and to make ministerial changes to the Agreement; and

WHEREAS, on October 1, 2020, the Parties entered into Amendment No. 2 to the Agreement to further extend the expiration date of the Agreement by one additional year to allow C onsultant to perf or m mapping signalized intersections, interconnections between signals, and fiber throughout the City , and to increase the maxim um compensation amount by $92,303.00 to allow for these further services ; and

WHEREAS, on October 1, 2021 , the Parties entered into Amendment No. 3 to the Agreement to further extend the expiration date of the Agreement by six months to allow the C onsultant additional time to complete the verification, evaluation, and update of City signalized intersectio ns, inter connectio ns between signals, and fiber in the City ’s GIS system ; and

WHEREA S, t he Parti es now desire to amend the Agreement to extend the expiration date of the Agreement by eighteen months to allow CONSUL TAN T additional tim e to continue the verificati on, evaluation, and updat e of City signalized intersections, interconnections between signals, and fiber in the City ’s GIS system , and to incr ease the compens ation amount by $ 93,201 to allow for these f urt her services .

NOW THEREFORE, in considera tion of the mutual covenants and conditions herein contained, the P arties agree to amend the Agreement as follows:

1. Section 1, entitled “Services ,” is hereby amended to read as follows:

“Consul tant shall provide the City with the services described in the Scope of Services as Ex hibit A, A1 and A2, attached hereto and in corporated herein. ”

2. Section 2, entitled “Compensation, ” the first line of subsection b. is hereby amended to read as follows:
131
Item # C5.

Amendment No. 4 to PSA with PSOMAS Page 2 of 4
“In on event shall the total amount pa id for the services rendered by Consultant under this Agre ement exce ed the sum of Three Hundred Thir ty- Nine Thousand Five Hundred Twenty -Nine Do llars and Zero Cent s ($339,529). ”

3. Section 5, e ntitled “ Time of Performance ,” is hereby amended to r ead as follows :

“The term of this Agreement shall be from July 1, 2 019, to October 1, 202 3, unless ear lier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other establis hed schedules and deadlines. ”

4. The Consultant agrees to maintain and pay for al l ins urance policies as stated in Section 11, entitle d “Insurance” of the Agreement . The Consultant shall provide the City with renew al certificates of the current policies upon the expiration of the current policies .

5. Except as amended by this Amendment N o. 4, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No . 4.

6. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

7. If any provision of this Amendment N o. 4 shall be held invalid or unenforceable by a cour t of competent juris diction, such holding shall not invalidate or render unenfor ceable any other provision of this Ame ndment No. 4 unless elimination of such provision materially alters the rights and obligat ions set forth herein.

IN WITNESS WHEREOF, th e Parties have enter ed into this Amendment No. 4 as of the 1st day of March 202 2.

[ SIGNATURES ON FOLLOWING PAGE]

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Amendment No. 4 to PSA with PSOMAS Page 3 of 4

CITY OF MILPI TAS

Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Chris topher J. Di az, City Attorne y

Approved:

Lauren Lai, Risk Ma nager/Director of
Finance

PSOMAS

Craig Gooch, Vice President

Date

Approved As To Content:

Steve Erickson,
City Engineer/Dir ector of Engineering

133
Item # C5.

Amendment No. 4 to PSA with PSOMAS Page 4 of 4
EXHIBIT A -2
Scope of Services
134
Item # C5.

3 Hutton Centre Drive
Suite 200
Santa Ana, CA 92707-8794

Tel 714.751.7373
Fax 714.545.8883
www.Psomas.com
January 14, 2022
Ron Long
1265 N. Milpitas Blvd.

Milpitas, CA 95035

Re: Change Order for Mapping Intersections, Signal Interconnects, and Fiber

Dear Ron:

Attached is a proposed scope of work for Psomas to perform additional services to complete the mapping of signalized intersections, interconnections between signals, and fiber throughout the City.

This proposal reflects our recent discussions about project objectives and the approach will remain the same as in previous phases. The project objectives include:
1) Complete data model and schema adjustments to support the data being created through the intersection mapping and interconnect locating
2) Complete the work associated with mapping of 15 additional intersections to make a total of 87 intersections throughout the City (72 were included in original project and 15 additional were discovered during the original work)
3) Provide field investigation and GPS mapping as well as Subsurface Utility Engineering (SUE) locating and GIS mapping for four additional areas of interest. Psomas to perform additional field review and GIS mapping.
4) Provide field services to support City staff with two additional areas of interest. Psomas will provide GIS mapping services.

Psomas will obtain field GPS measurements of surface features (pull boxes and vaults) to improve positional representation. For missing plans, underground utility locate services will be used with GPS locating to map those assets. Psomas will continue to use the VTA primary control that will assure high accuracy surveying services.

Deliverables will be in an Esri Geodatabase structure defined at the project initiation phase. Please let me know if you have questions or would like additional information.

Sincerely,

Steve Bein
Vice President cc: Ron Long
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January 14, 2022
Change Order for Mapping Intersections, Signal Interconnects, and Fiber Background
Psomas has been assisting the City with services to map assets representing street intersection assets and conductor locations within the intersections and between connected intersections and additionally mapping the City fiberoptic conduit/cable locations. This document is a proposal to perform additional services to complete these mapping services citywide and to provide additional field review, GIS mapping services as requested by the City and defined below.

Mapping Methodology
The mapping methodology will continue to use the same approach developed in the previous project.

Scope of Work

Task 1. Data Model and Schema Adjustments
Psomas provided project initiation services and a project kickoff that led to a modified approach to services through a project pilot to review the data model and schema. Subsequent adjustments were made to accommodate the results of the review and the data from the GIS mapping and field work that was being accomplished simultaneously. This work was not originally anticipated but provided significant improvement to the functionality of the resulting data in the City’s GIS system. This task is complete.

Task 2. Intersection Mapping
Complete GIS mapping for 87 signalized intersections within the City of Milpitas. This task includes the GIS mapping of 15 intersections not originally included in the 72 intersection original project.

The intersections will be mapped from as-built construction plans (where available) and placing them in geographic space to align with the existing aerial imagery and cadastral framework. Components of the plans will be digitized using an Esri / experience-based schema developed with input and approval from the City. Controllers, cabinets, detectors, poles, fixtures, pull boxes, conduit loops etc. will be digitized and any annotation the City deems necessary for future GIS applications will be captured.

Each plan will be digitized as a discreet product and placed into the City’s projection / cadastral basemap. Source documents / document URL will be included as attribute values for all plans.

Task 3. Interconnect Digitizing and Utility Locating
Psomas surveyors have completed the work to survey the location of pull boxes and vaults along the interconnect locations to establish control for mapping the schematic plans. Plan measurements with offset calls and depth indications were be used to place and attribute the cables / conduits controlled by the GPS locations. No changes to this task, just reallocation of budget. This task is complete.

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Item # C5.

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January 14, 2022
Change Order for Mapping Intersections, Signal Interconnects, and Fiber Task 4 - Four New Areas: Utility Locating, GPS Survey, and GIS Mapping Psomas will perform utility locating and GPS measurements of surface markings from the locate process. Industry standard methods for utility location will be used to trace lines and mark the surface above the lines. GPS survey of the markings will provide a GIS feature representing the line locations. The resulting features will be mapped in the GIS deliverable.

Area # Area
1 S Main St to Great Mall to Police Annex. Unknown if line comes from north or west
2 West side of town, McCarthy from Dixon Landing south to Bellew Dr.
3 Jacklin Rd from SB 680 FWY Ramps to N Milpitas Blvd
4 Yosemite from Sinclair to S Milpitas Blvd

Task 5 - Two New Areas: Support City Staff with Utility Locating/GPS Survey, and Provide GIS Mapping
Psomas will support City staff with utility locating and GPS measurements of surface markings from the locate process. The resulting features will be mapped in the GIS deliverable.

Area # Area
1 Yosemite east of 680 FWY to So. Park Victoria Drive
2 North Milpitas from the Town Center at Calaveras up to Dixon Landing.

Project Deliverables
 Geodatabase containing assets
 GPS locations of vaults and pull boxes
 Links to as-built drawings as attribute to GIS features (where available)  Source quality attribution (from plan, GPS, orthophoto, etc.) Assumptions
 The remaining intersections will be delivered as a single deliverable.  Plans may be a schematic representation of the asset locations. 137
Item # C5.

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January 14, 2022
Change Order for Mapping Intersections, Signal Interconnects, and Fiber  Areas missing plans will be mapped based on field asset locating (not included in this scope) or City subject matter experts drafting the locations on a basemap for use by Psomas in digitizing the assets.
 Daily survey field crew rate is $3,250 for a 10-hour day. The estimated average number of locations surveyed is 50 per day including office quality control and coordinate file delivery.

Actual quantity of surveyed locations will depend on the distribution and density of locations.  Daily utility locator crew rate is $2,350. First day on a work order has a mobilization fee of $200.
 The amount of required field locating and survey is based on the previous intersection/interconnect work and may vary based on availability of construction plans and conditions encountered in the field.
 Psomas will follow industry best practices and provide due diligence in locating the pull boxes, vaults, and fiber lines. However, not all locations will be found either because they don’t exist or the assets are not locatable based on the information available to the City and Psomas.

Project Schedule
The estimated duration for the mapping is 12 weeks with a total project duration of 16 weeks providing time for the City to perform final data acceptance testing.

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January 14, 2022
Change Order for Mapping Intersections, Signal Interconnects, and Fiber Estimated Change Order
The service estimate includes fixed and variable costs. The fixed costs include the data modeling, intersection mapping, interconnect mapping, data quality review, delivery, and project management.

Variable costs include GPS surveying and Interconnect conductor/conduit locating.

Task No. Deliverables
Original
Contract Cost
Change Order
Request
(Actual and
Forecast)
Task 1 Project Initiation

1.1 Project initiation and Database design $ 1,258 $ 1,258

1.2 Source data collection (City to upload) $ -

1.3 Data model and schema adjustments $ - $ 27,674 Task 1 Total $ 1,258 $ 28,932 2301%
Task 2 Intersection Mapping

2.1 Mapping 87 intersections $ 47,784 $ 64,818

2.2 Additional QC $ 4,000
Task 2 Total $ 47,784 $ 68,818 144%
Task 3 Interconnection Mapping (Fiber)

3.1 GPS Locating based on schematic plans $ 13,736 $ 2,000

3.2 Mapping $ 9,525 $ 14,689

3.3 Utility locating (Missing Plans) Unknown $ 8,000 Task 3 Total $ 23,261 $ 24,689 106%
Task 4 4 Additional Areas Locating and Mapping 4.1 Utility Locating, GPS Survey (Includes 10.5 days SUE and 5 days GPS)
$ 42,585

4.2 GIS Mapping $ 1,800
Task 4 Total $ 44,385
New
Task 5 Interconnection Mapping 5.1 City Locating Support (Includes 5 days SUE Crew)
$ 12,330

5.2 GIS Mapping $ 1,350
Task 5 Total $ 13,680
New
Project Total $ 72,303 $ 180,504 Utility Locating Contingency $ 20,000
Total with Contingency $ 92,303
Net Change Order Amount $ 88,201
New Contingency $ 5,000
Total Change Order Amount $ 93,201
139
Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute a Design Services Agreement with Kimley-Horn in the amount not to exceed $475,034.00 for design services for the Street Resurfacing Project 2023, Project No. 4303
Category: Consent Calendar-Community Development
Meeting Date: 3/1/2022
Staff Contact: Steve Chan, 408-586-3324
Recommendation: Approve and Authorize the City Manager to Execute a Design Services Agreement with Kimley-Horn in the amount not to exceed $475,034.00 for design services for the Street Resurfacing Project 2023, Project No. 4303

Background:

The Street Resurfacing Project 2023, Project No. 4303, (Project) is in the approved 2022-2026 Capital Improvement Program. The project provides for the improvement and repair of City streets with asphalt pavement, replacement of non-compliant pedestrian curb ramps, sidewalk repairs, signage and striping for new and existing bicycle facilities in accordance with the City’s Bicycle/Pedestrian and Trails Master Plan, and the upgrade of traffic signal detection systems.

Staff will begin the design process for this project in Spring of 2022, and construction is scheduled for Summer of 2023. Based on Metropolitan Transportation Commission (MTC) Pavement Management Program recommendations to maintain city streets in good or better condition, the following streets are anticipated to be included in the Project (Attachment 4):

 N. Park Victoria Drive from Bolton Drive to Jacklin Road  Country Club Drive from 250’ west of Calera Creek Heights Drive to N Park Victoria Drive  Calaveras Ridge Drive from Country Club Drive to 1,300’ south of Country Club Drive  Redwood Avenue from N Abbott Avenue to Heath Street
 Marylinn Drive from Heath Street to N Abbott Avenue
 Rudyard Drive from N Abbott Avenue to Heath Street
 S Park Victoria Drive from Yosemite Drive to Landess Avenue  Yellowstone Avenue from S Park Victoria Drive to Landess Avenue  E Calaveras Boulevard from S Park Victoria Drive to Evans Road / Piedmont Road  Calaveras Road from Evans Road / Piedmont Road to 3,500’ east of Evans Road / Piedmont Road  The entire length of:

Bolton Drive, Churchill Drive, Wellington Drive, Stratford Drive, Devon Place, Sussex Place, Kirkwall Place, Stirling Drive, London Drive, Hastings Drive, Inverness Drive, Berkshire Place, Baron Place, Wessex Place, Canterbury Place, Cardiff Place, Ann Place, Princess Place, Hampton Court, Carson Way, El Camion Higuera, Zamora Court, Nicklaus Avenue, Berg Court, Ranklin Drive, Creed Street, Cervantez Court, Camarillo Court, Heath Street, Maple Avenue, Larch Street, Willow Avenue, Chestnut Avenue, Elm Avenue, Elm Court, Walnut Drive, Easter Avenue, Smithwood Street, Silvera Street, Valley Way, Mt Diablo Avenue, Portola Drive, Mt Shasta Avenue, Big Bear Court, Matterhorn Court, Junfrau Court, Courtland Court, Courtland Avenue, Sonoma Drive, Chewpon Avenue, Bee Court, Hay Court, Clear Lake Avenue, Clear Lake Court, Big Basin Drive, Sassone Court, Acadia Avenue, Bryce 140
Item # C6.

Court, Zion Court, Glacier Drive, Lassen Avenue, Olympic Drive, Platt Avenue, Pheland Court, Platt Court

Project streets are selected based on Pavement Condition Index (PCI) scoring. Project streets currently have an average “Fair” rating.

Analysis:

In accordance with the City’s Ordinance No. 309 Amending Title I, Chapter 2, Section 3, Subsection I-2-3.13 Contracting for Consultants which clarifies the process for evaluating consultant qualification, staff obtained three proposals and pricing from three design consultants. Proposals were received from Brian Kangas Folk Engineers (BKF) on December 20, 2021, Kimley-Horn on December 22, 2021, and from NCE on December 24, 2021.

Staff reviewed the three proposals and determined that Kimley-Horn’s proposal met the City’s project qualification criteria and had the best understanding of the City’s Project. Staff negotiated a scope of work and total fee not to exceed fee for Project design services of $475,034.00 which is reasonable for the services to be provided. Staff recommends the City Council approve and authorize the City Manager to execute the design services agreement with Kimley-Horn in the amount not to exceed $475,034.00 for design services of the Street Resurfacing Project 2023, Project No. 4303 (Attachment 1).

Policy Alternatives:

Alternative: Deny approval of the design services contract with Kimley-Horn Engineers and do not proceed with the design of the 2023 Street Resurfacing project.

Pros: None.

Cons: This project is partially funded by various grants, such as Vehicle Registration Fee (VRF), Measure B, SB1 Road Maintenance Rehabilitation Account (SB1 RMRA) and Transportation Development Act Article 3 TDA 3). Delay of project design may risk loss of the grant funding and delay the completion of the annual resurfacing project.

Reason not recommended: The annual resurfacing and repair of streets is recommended to maintain or improve the City roadway pavement infrastructure. Current citywide Pavement Condition Index (PCI) is 73, “good condition”.

Fiscal Impact:

As of February 4, 2022, CIP Management Report, there is adequate funding in Project No. 4303, Street Resurfacing Project 2021-22, to pay for the requested design services agreement. Project No. 4303 is funded by the Gas Tax Fund, Measure B, SB1 RMRA, and Vehicle Registration Fee.

Project No. 4303 $ 3,735,399.00
Kimley-Horn Agreement $ 475,034.00
Remaining Amount of CP4303 $ 3,260,365.00

California Environmental Quality Act:

The project is exempt under Section 15301 (Existing Facilities) of the CEQA guidelines.

Recommendation:

Approve and authorize the City Manager to Execute a Design Services Agreement with Kimley-Horn in the amount not to exceed $475,034.00 for design services for the Street Resurfacing Project 2023, Project No. 4303

Attachments:

1. Design Services Agreement

2. Exhibit A 141
Item # C6.

3. Exhibit B

4. Project Area Map
142
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800-4130 February 1, 2022
Ms. Fanny Yu, PE
Associate Civil Engineer
City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Re: Proposal – Street Resurfacing 2023
Dear Ms. Yu,
Thank you for inviting Kimley-Horn and Associates, Inc. (Kimley-Horn) to provide engineering services for the City of Milpitas Street Resurfacing 2023 Project (the Project). Kimley-Horn will prepare plans, specifications, and estimate to support the City’s annual resurfacing efforts. This letter is in accordance with your request and constitutes a proposal setting forth our proposed Scope of Services, Schedule, and Fee.

Kimley-Horn is well equipped to execute this project, with a large staff of local engineers and Blake Silkwood serving as Project Manager for the project. Blake was a designer and Project Manager for three previous iterations of the City Pavement Resurfacing Program, as well as Project Manager for multiple pavement resurfacing projects throughout the Bay Area.

Project Understanding:

Kimley-Horn will provide Engineering Services to develop plans, specifications and estimates for the Street Resurfacing 2023 Program. The streets identified for the Project include:

Location Boundary Limits
Location 1 Streets bounded by:

Bolton Drive, N. Park Victoria, Eastern City Limits, Jacklin Road, and Calera Creek Heights Drive
Location 2 Streets bounded by:

Heath Street, Abbott Avenue, Redwood Avenue, and Valley Way Location 3 Streets bounded by:

Big Basin Drive, Sassone Court, Clear Lake Avenue, Clear Lake Court, Sonoma Drive, Mt Shasta Avenue, Portola Drive, Mt. Diablo Avenue, Courtland Avenue, Jungfrau Court, Matterhorn Court, Big Bear Court, Dempsey Road, Chewpon Avenue, Hay Court, and Bee Court.

Location 4 Streets bounded by:

Saratoga Drive, Platt Avenue, Olympic Drive, Lassen Avenue, Acadia Avenue, Glacier Drive, Creighton Court, and Richter Court
Location 5 S. Park Victoria Drive from Landess Avenue to Yosemite Drive Yellowstone Avenue from Landess Avenue to S. Park Victoria Drive Location 6 E. Calaveras Boulevard from S. Park Victoria Drive to Evans Road Location 7 E. Calaveras Boulevard from Evans Road to Eastern City Limits (Conceptual Maintenance Study Only)
Preliminary project funding will be between $2 Million and $4 Million dollars, and will be funded with local funds. The tentative construction window is Spring 2023. 143
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 As part of this work, Kimley-Horn will provide a comprehensive assessment of proposed streets to include the following:
· Recommendation of proposed pavement treatments, with consideration to construction impacts.

These can include treatments such as microsurfacing, grind and overlay, base repair, or full depth reconstruction. This will be supported by Kimley-Horn’s visual assessment and a robust geotechnical analysis.
· Assessment of street concrete flatwork, including low curb heights, missing flatwork, and damaged flatwork.
· Assessment of existing curb ramps and determining ADA compliance. · Protection and adjustment of utility facilities affected by work.

The Project PS&E will include the following technical items:
· Pavement rehabilitation
· Flatwork reconstruction
· Curb ramp reconstruction
· Conversion of loop detection to video detection at signalized intersections. · Installation of new signage and striping. The plans will include any buffered bike lanes and green bike lanes in accordance with the City Bicycle/Pedestrian and Trails Plan. Per our preliminary discussions, this is likely confined to Park Victoria Drive, Calaveras Boulevard and Yellowstone Avenue.

Scope of Services:

Task 1 – Project Management
Kimley-Horn will supervise, coordinate, and monitor project design activities. We will work with the City at the start of the project to establish the standards and policies which will guide the project development. We will submit monthly invoices and status updates.

Kimley-Horn will perform QA/QC prior to each deliverable.

Kimley-Horn will schedule and facilitate a virtual kick-off meeting with the City to discuss the proposed project approach, potential design challenges, schedule, and deadlines. Following the meeting, Kimley- Horn will prepare and provide meeting minutes. Kimley-Horn will attend up to six (6) additional virtual meetings, held monthly, with City staff. We assume coordination with utility owners is not included in this scope of services.

We assume the project management task to occur over 9 months and conclude with the submittal of the Final PS&E Package.

Deliverables Task 1:
· Kick Off Meeting Minutes
· Invoices and Progress Reports
Task 2 – Field Assessment
As part of Task 2, Kimley-Horn will perform a field assessment of all streets included in the Project. Our team of highly trained engineers will be assessing each street for the following criteria:
· Overall pavement condition, including limits of base repairs 144
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 · Damaged, inadequate or missing concrete flatwork
· Curb ramps and compliance with ADA standards.
· Utilities and Utility structures to be protected in place · Private property access points
· Impacts to traffic signals
· Jurisdictional coordination items, such as bridges, state highways, county limits, or city limits.

The field assessment will be memorialized as a PDF markup that summarizes our findings and confirms the Project understanding and scope.

In addition to the visual assessment, Kimley-Horn will partner with All Earth Geotechnical Engineering to provide geotechnical services for this project. The purpose of our Geotechnical Investigation will be to explore the surface and subsurface conditions at the site by taking pavement cores, measuring the existing pavement section, and sampling the subgrade for identification and laboratory analysis. The subgrade will be analyzed for design of new pavement sections, digout repairs, and bus turnouts. We will review of pertinent reports regarding the project areas. Field exploration consists of advancing pavement cores through the asphalt concrete and aggregate base at an approximate interval of 500 lineal feet, for a total of 25 cores. Traffic control will be provided with an arrow board and 1-person traffic control following Figure 6H-17 or 6H-18 of the MUTCD. Laboratory testing of selected subgrade samples considered representative of site conditions, to ascertain or derive relevant engineering properties that may include as needed:

Moisture/Density Soil Classification R-Value (3 -each)
Atterberg Limits Expansion Potential
Engineering analysis and evaluation will be performed on the resulting field and laboratory data. Based on our findings we will design new 20-year pavement sections for digout repairs, and concrete bus pads. As part of our recommendations, we will include relevant maintenance options with estimated life cycles based on our experience. Preparation of a geotechnical report presenting our findings, conclusions, and recommendations. Included in our report will be a presentation of our field and laboratory exploration.

Deliverables Task 2:
· Field Assessment (PDF Markup)
· Geotechnical Report (PDF)
Task 3 – Plans, Specification and Estimate
With the visual assessment and geotechnical reports completed and approved, Kimley-Horn will advance the contract documents with 30%, 60%, 90% and Final Submittals.

Task 3.1 – 30% Submittal: Given that the scope of work is heavily influenced by the visual assessments, Kimley-Horn proposes that the visual assessment be the basis for the 30% submittal. Kimley-Horn will prepare a PDF markup of the visual assessment that documents our findings and recommended scope of work. An order of magnitude cost estimate will be prepared based on the visual assessment to confirm project budgets and City limits of work.
145
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 Task 3.2 – 60% Submittal: With the approval of the visual assessment and limits of work, Kimley-Horn will prepare a 60% submittal. This will include plans, specification outline and engineer’s estimate.

Plans
60% plans will be prepared using City-provided GIS data for property lines, city-owned utilities, and aerial backgrounds. Street improvement plans will be prepared at 1’=20’ scale, and striping and marking plans will be prepared at 1’=40’ scale. Utility surface features and locations of base repairs will also be shown on the plans. Plans to be prepared include:

Cover Sheet to include project title, vicinity map, general notes, benchmark with basis of coordinates, dig alert information and legend of symbols on City’s Title Block.

Typical Cross Sections to show existing street cross-sections in conjunction with proposed improvements.

Street Improvement Plans to show the street resurfacing and flatwork reconstruction. Plans will show the pavement resurfacing method, and label, dimension and tabulate the base repairs. Utility surface features such as manholes, valve covers and hydrants will be shown within the limits of reconstruction.Depending on the type of treatment to be implemented, appropriate language will be provided to maintain or replace existing survey control monumentation. Plans will show the removal and replacement of damaged concrete flatwork, and show the reconstruction of ADA ramps within project limits. ADA curb ramps will be reconstructed in accordance with Caltrans Design Information Bulletin (DIB) 82-06. Plans will show a schematic curb ramp layout, with a reference to curb ramp type. Curb ramp horizontal and vertical layout will be determined in the field with City Staff and the Contractor.

Construction Details to reference standard plans or to document a non-standard construction method.

Striping and Marking Plans to show proposed pavement delineation, striping reconstruction, buffered bike lanes, centerline stationing, location and depth of the identified spot reconstruction, if any, and pavement legends/arrows where the existing striping will be affected. Areas on intersecting side streets that are within the project limits affected by the project improvements will also be shown on these plans.

Traffic Signals Plans to show traffic signal modifications. Kimley-Horn will prepare plans to add video detection capabilities to the intersections of Calaveras Blvd/Temple Drive and Calaveras Blvd/N.

Gadsden Drive. Kimley-Horn will perform a site assessment to validate the signal equipment against the city-provided signal as-builts. After a thorough site assessment, we will prepare a plan to add video detection equipment through a redline markup of the existing traffic signal as-builts.

Blueprint for a Clean Bay will be provided by the City and included in the contract package.

Based on the proposed Project streets, Kimley-Horn will exclude preparation of erosion control and traffic control plans. Kimley-Horn will summarize these requirements in the Technical Specifications, and require these plans as a contractor-provided submittal.

Specifications
For the 60% Submittal, Kimley-Horn will prepare a technical specification outline that will include the following items in City-standard format:
· Technical Specification Table of Contents
· Bid form
· Technical Specifications with titles, contractor submittal requirements, and measurement and payment Clauses.

Engineer’s Estimate
The construction cost estimate will be updated to validate the current design and verify funding requirements for construction of the Project. The cost estimate will identify construction work items, 146
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 quantities, unit costs, and summarize the estimated total project cost, including allowances for mobilization and contingencies. Unit prices will be determined from previous pavement resurfacing projects and recent construction projects in nearby municipalities.

Quality Assurance/Quality Control (QA/QC)
Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City.

Kimley-Horn’s quality control review for each submittal will include an interdisciplinary review of the entire design package for coordination among the various design elements. The different project sheets will present the design in a common manner with no contradictions or variances. The QC review will be done digitally using BlueBeam REVU software and can be made available to the City as requested. In addition, we tailor our internal project delivery schedule to include intermediate and final QC cycles for internal and subconsultant work products so a quality product is delivered on time.

Task 3.3 – 90% Submittal: After city review of the 60% submittal, Kimley-Horn will prepare the 90% submittal. The 90% submittal will provide general updates and refinements from the previous submittal, including the following new elements:

Plans
Further plan refinement and development, including any coordination with stakeholders, adjacent property owners and utility owners.

Specifications
Full Technical Specifications will be provided. Incorporation of City-provided front end specifications.

Engineer’s Estimate
Updated Quantities and Unit Pricing from new bid result data.

Maintenance Study
Kimley-Horn will prepare a technical memorandum describing the regulatory framework that will govern the reconstruction of Location 7. The memo will focus on the local and county-wide stormwater treatment requirements.

Quality Assurance/Quality Control (QA/QC)
Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City.

Task 3.4 – Bid Set Submittal: After city review of the 90% submittal, Kimley-Horn will prepare the Bid Set submittal. This submittal will represent an advertisement-ready submittal, with all final items coordinated. All design gaps from previous submittals will be coordinated and rectified. Kimley-Horn will provide a sealed PS&E package in accordance with City procurement requirements. 147
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City.

Deliverables Task 3:
· 30% Submittal (Based on Field Assessment)
· 60% Submittal (Plans, Specification Outline, Engineer’s Estimate, · 90% Submittal (Plans, Specifications, Engineer’s Estimate, Draft Maintenance Study) · Bid Set Submittal (Bid-Ready Plans, Specifications, Engineer’s Estimate, Final Maintenance Study)
Task 4 – Additional Services
Kimley-Horn will provide an additional services budget to be utilized with written direction and authorization from the City. These services could encompass the following:

Additional Design Services – Adding additional streets to project, changing to more intensive pavement treatments, or notable changes to project scope.

Bid Support - During the project advertisement and award periods, Kimley-Horn can provide the following services to the City:
· Response to Bidder Questions
· Attending Pre-bid conference and Job Walk
· Preparing contract addenda, if necessary
· Bid Analysis
· Preparation of a Conformed Construction set to include all addenda and changes during the bidding period.

Design Construction Support - During the construction phase, Kimley-Horn can provide the following design-related services to the City:
· Attend the pre-construction meeting.
· Provide review comments and acceptance letters/memos for each of the contractor’s shop drawings and any other submittals required.
· Respond to Contractor Request for Information (RFI)
· Prepare construction change orders
· Attend field meetings
· Prepare a final punch list
· Perform a final inspection.

Construction Management Support - Kimley-Horn’s Ron Taylor will augment the Cities’ construction management staff during construction. Ron has 30 years of construction inspection experience including bridge and roadway construction and reconstruction for communities throughout California. He has been 148
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 responsible for evaluating contractors' ability to perform the needed work, inspecting work-in-progress for adherence to contract specifications, attending project meetings, determining corrective actions, and tracking project budgets. Ron will support the City’s construction efforts by providing construction observation and monitoring, working with the contractor in response to field issues, and verifying progress payments. This proposal assumes a construction period of 6 months, and construction management support being provided for 20 hours per week. This proposal also assumes that all inspections and material testing are provided by the City or the Contractor.

Schedule:

Kimley-Horn is prepared to begin work immediately upon receipt of a signed Agreement and your notice to proceed, and we will endeavor to meet your scheduling needs. Completion of each subsequent task deliverable will depend on the nature and extent of the comments received, but all efforts will be made to expedite any revisions and assistance with response to comments. Kimley-Horn intends to provide the Bid Set submittal in December 2022 to support a Spring 2023 construction start.

Compensation, Fees and Expenses:

We propose to perform the Scope of Services outlined in Tasks 1 through 4 for a time and materials fee not to exceed the following:

Task Description (Base) Labor Fee
Task 1: Project Management $20,775
Task 2: Field Assessment $59,960
Task 3: Plans, Specifications and Estimates $237,300
Task 4: Additional Services $156,000
Direct Costs $1,000
Total Maximum Labor Fee $475,034
Direct costs include direct expenses for the project such as in-house duplicating, facsimile, mileage, telephone, and postage.

We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

By: Peter Meyerhofer P.E.

Vice President
P.E. No.: C68778
149
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800-4130 February 1, 2022
Ms. Fanny Yu, PE
Associate Civil Engineer
City of Milpitas
455 E. Calaveras Blvd.

Project Understanding:

Kimley-Horn will provide Engineering Services to develop plans, specifications and estimates for the Street Resurfacing 2023 Program. The streets identified for the Project include:

Location Boundary Limits
Location 1 Streets bounded by:

Bolton Drive, N. Park Victoria, Eastern City Limits, Jacklin Road, and Calera Creek Heights Drive
Location 2 Streets bounded by:

Heath Street, Abbott Avenue, Redwood Avenue, and Valley Way Location 3 Streets bounded by:

Location 4 Streets bounded by:

Saratoga Drive, Platt Avenue, Olympic Drive, Lassen Avenue, Acadia Avenue, Glacier Drive, Creighton Court, and Richter Court
Location 5 S. Park Victoria Drive from Landess Avenue to Yosemite Drive Yellowstone Avenue from Landess Avenue to S. Park Victoria Drive Location 6 E. Calaveras Boulevard from S. Park Victoria Drive to Evans Road Location 7 E. Calaveras Boulevard from Evans Road to Eastern City Limits (Conceptual Maintenance Study Only)
Preliminary project funding will be between $2 Million and $4 Million dollars, and will be funded with local funds. The tentative construction window is Spring 2023. 150
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 As part of this work, Kimley-Horn will provide a comprehensive assessment of proposed streets to include the following:
· Recommendation of proposed pavement treatments, with consideration to construction impacts.

Scope of Services:

Kimley-Horn will perform QA/QC prior to each deliverable.

We assume the project management task to occur over 9 months and conclude with the submittal of the Final PS&E Package.

Deliverables Task 1:
· Kick Off Meeting Minutes
· Invoices and Progress Reports
Task 2 – Field Assessment
As part of Task 2, Kimley-Horn will perform a field assessment of all streets included in the Project. Our team of highly trained engineers will be assessing each street for the following criteria:
· Overall pavement condition, including limits of base repairs 151
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 · Damaged, inadequate or missing concrete flatwork
· Curb ramps and compliance with ADA standards.
· Utilities and Utility structures to be protected in place · Private property access points
· Impacts to traffic signals
· Jurisdictional coordination items, such as bridges, state highways, county limits, or city limits.

The field assessment will be memorialized as a PDF markup that summarizes our findings and confirms the Project understanding and scope.

Task 3.1 – 30% Submittal: Given that the scope of work is heavily influenced by the visual assessments, Kimley-Horn proposes that the visual assessment be the basis for the 30% submittal. Kimley-Horn will prepare a PDF markup of the visual assessment that documents our findings and recommended scope of work. An order of magnitude cost estimate will be prepared based on the visual assessment to confirm project budgets and City limits of work.
152
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 Task 3.2 – 60% Submittal: With the approval of the visual assessment and limits of work, Kimley-Horn will prepare a 60% submittal. This will include plans, specification outline and engineer’s estimate.

Cover Sheet to include project title, vicinity map, general notes, benchmark with basis of coordinates, dig alert information and legend of symbols on City’s Title Block.

Typical Cross Sections to show existing street cross-sections in conjunction with proposed improvements.

Construction Details to reference standard plans or to document a non-standard construction method.

Blueprint for a Clean Bay will be provided by the City and included in the contract package.

Engineer’s Estimate
The construction cost estimate will be updated to validate the current design and verify funding requirements for construction of the Project. The cost estimate will identify construction work items, 153
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 quantities, unit costs, and summarize the estimated total project cost, including allowances for mobilization and contingencies. Unit prices will be determined from previous pavement resurfacing projects and recent construction projects in nearby municipalities.

Quality Assurance/Quality Control (QA/QC)
Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City.

Plans
Further plan refinement and development, including any coordination with stakeholders, adjacent property owners and utility owners.

Specifications
Full Technical Specifications will be provided. Incorporation of City-provided front end specifications.

Engineer’s Estimate
Updated Quantities and Unit Pricing from new bid result data.

Quality Assurance/Quality Control (QA/QC)
Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City.

Task 3.4 – Bid Set Submittal: After city review of the 90% submittal, Kimley-Horn will prepare the Bid Set submittal. This submittal will represent an advertisement-ready submittal, with all final items coordinated. All design gaps from previous submittals will be coordinated and rectified. Kimley-Horn will provide a sealed PS&E package in accordance with City procurement requirements. 154
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 Kimley-Horn will perform an in-house QA/QC review of each deliverable prior to submitting to the City.

Additional Design Services – Adding additional streets to project, changing to more intensive pavement treatments, or notable changes to project scope.

Construction Management Support - Kimley-Horn’s Ron Taylor will augment the Cities’ construction management staff during construction. Ron has 30 years of construction inspection experience including bridge and roadway construction and reconstruction for communities throughout California. He has been 155
Item # C6.
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800 4130 responsible for evaluating contractors' ability to perform the needed work, inspecting work-in-progress for adherence to contract specifications, attending project meetings, determining corrective actions, and tracking project budgets. Ron will support the City’s construction efforts by providing construction observation and monitoring, working with the contractor in response to field issues, and verifying progress payments. This proposal assumes a construction period of 6 months, and construction management support being provided for 20 hours per week. This proposal also assumes that all inspections and material testing are provided by the City or the Contractor.

Schedule:

Compensation, Fees and Expenses:

We propose to perform the Scope of Services outlined in Tasks 1 through 4 for a time and materials fee not to exceed the following:

We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

By: Peter Meyerhofer P.E.

Vice President
P.E. No.: C68778
156
Item # C6.

Senior Professional II Senior Professional I Professional Technical Support Analyst Senior Technical Support Support Staff All Earth
Geotechnical
Task HOURLY BILLING RATE $270.00 $220.00 $175.00 $125.00 $150.00 $180.00 $115.00 Total Hours Total KH Labor Cost Total Labor Cost 1 Project Management 10 60 15 20 105 20,775$ -$ 20,775$ Project Meetings (1 Kick-off and 6 monthly meetings) 2 16 10 28 5,560$ -$ 5,560$ Project Administration 4 24 15 10 53 9,735$ -$ 9,735$
QC/QA (3 submittals) 4 20 24 5,480$ -$ 5,480$
2 Field Assessment 2 22 24 225 273 43,330$ 16,630$ 59,960$ Field Assessment 2 16 24 225 267 42,010$ -$ 42,010$
Geotechnical Investigations 6 6 1,320$ 16,630$ 17,950$
3 Plans, Specifications and Estimates 40 92 299 958 89 1478 237,300$ -$ 237,300$ 30% Submittal (Field Assessment and OOM Cost Estimate) 2 16 36 96 150 24,760$ -$ 24,760$ 60% Submittal (Plans, Spec Outline, Estimate) 16 30 129 414 59 648 102,380$ -$ 102,380$ 90% Submittal (Plans, Specifications, Estimate) 16 30 110 400 30 586 93,620$ -$ 93,620$ Final Submittal (Plans, Specifications, Estimate) 6 16 24 48 94 16,540$ -$ 16,540$ 4 Additional Services 50 100 191 510 851 156,000$ -$ 156,000$ Additional Design Services 50 100 190 340 64,000$ -$ 64,000$ CM Support (6 Months) 1 510 511 92,000$ -$ 92,000$
Total Hours 102 274 323 15 1394 510 89 2707
Total Labor Cost 27,540$ 60,280$ 56,525$ 1,875$ 209,150$ 91,800$ 10,235$ 457,405$ 16,630$ 474,035$ Other Direct Costs
Direct Expenses 1,000$ -$ 1,000$
Total Other Direct Costs 1,000$ -$ 1,000$
TOTAL BASE SERVICES $ 458,404.50 $ 16,630.00 $ 475,034.50 City of Milpitas
Pavement Resurfacing 2023
Cost Proposal
February 2022
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Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch)
Category: Consent Calendar-Community Development
Meeting Date: 3/1/2022
Staff Contact: Steve Erickson 408-586-3301
Recommendation: Adopt a Resolution Initiating the Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).

Background:

On May 2, 1995, the City Council completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, establishing the Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (LLMD 95-1) to provide for improvement and maintenance of public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs along portions of North McCarthy Boulevard and the Ranch Drive gateway between State Route 237 and Dixon Landing Road as shown on the attached location map (Attachment 1).

Analysis:

The Landscaping and Lighting Act of 1972 requires adoption of a resolution (Attachment 2) directing preparation of the annual engineer’s report evaluating LLMD 95-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements.

At subsequent meetings, the City Council will be asked to approve the completed engineer’s report and to schedule a public hearing for the proposed assessment in May and June 2022. Upon City Council approval, the assessment for the maintenance and improvement work will be added to the 2022-23 property tax bills of property owners within the boundaries of LLMD 95-1.

Policy Alternatives:

Alternative 1:

Not adopt a resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 95-1.

Pros: None

Cons: The Landscaping and Lighting Act of 1972 requires the legislative body adopt the resolution, not adopting the resolution would jeopardize the City’s ability to collect assessments for the maintenance and upkeep of LLMD 95-1.

Reason not recommended: To allow for the continued maintenance for LLMD 95-1, staff recommends ordering the preparation of the annual engineers’ report to begin the proceedings for the levy and collection of assessments for fiscal year 2022/23.
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Fiscal Impact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs within LLMD 95-1.

California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Recommendation:

Adopt a resolution initiating the proceedings for the annual levy and collection of assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).

Attachments:

1. Location Map

2. Resolution
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Item # C7.

CITY OF MILPITAS LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1 (N.T.S.) 2022-2023 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE 167
Item # C7.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, INITIATING

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 (MCCARTHY RANCH) FOR FISCAL YEAR 2022/23, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO

WHEREAS, on May 2, 1995, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (the “ Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and

WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and

WHEREAS, the City has retained NBS Government Finance Group as assessment engineer for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of a report in accordance with Section 22565, et seq., of the Act (the “Engineer’s Report”); and

WHEREAS, pursuant to Section 22622 of the Act, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2022/23 in order to provide funding for the necessary costs and expenses pertaining to the maintenance of the Improvements within the Maintenance District.

NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. Engineer’s Report: The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy and collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2022, and ending June 30, 2023, in accordance with Section 22565, et seq., of the Act.

3. New Improvements or Changes to Existing Improvements: There are no changes to existing Improvements nor are there any items being added to the list of Improvements previously approved at the formation of the Maintenance District.

PASSED AND ADOPTED this _____ day of _________, 2022 by the following vote:

AYES:

NOES:
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2 Resolution No. ___

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

_____________________________
Christopher J. Diaz, City Attorney
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Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) Category: Consent Calendar-Community Development
Meeting Date: 3/1/2022
Staff Contact: Steve Erickson 408-586-3301
Recommendation: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).

Background:

On June 16, 1998, the City Council completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, establishing the Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (LLMD 98-1) to provide for improvement and maintenance of public landscaping, irrigation, and pedestrian walking path adjacent to Sinclair Frontage Road and Los Coches Creek abutting the Sinclair Horizon residential subdivision as shown in the attached location map (Attachment 1).

Analysis:

The Landscaping and Lighting Act of 1972 requires adoption (Attachment 2) of a resolution directing preparation of the annual engineer’s report evaluating LLMD 98-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements.

Policy Alternatives:

Alternative 1:

Not adopt a resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 98-1.

Pros: None

Reason not recommended: To allow for the continued maintenance for LLMD 98-1, staff recommends ordering the preparation of the annual engineers’ report to begin the proceedings for the levy and collection of assessments for fiscal year 2022/23. FiscalImpact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation, and pedestrian walking path within LLMD 98-1.

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California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Recommendation:

Attachments:

1. Location Map

2. Resolution
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CITY OF MILPITAS LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1 (N.T.S.) S T
2022-2023 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE 172
Item # C8.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, INITIATING

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 (SINCLAIR HORIZON) FOR FISCAL YEAR 2022/23, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO

WHEREAS, on June 16, 1998, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Mainten ance Assessment District No. 98-1 (Sinclair Horizon) (the “ Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and

WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and

NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:

2. Engineer’s Report: The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy an d collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2022, and ending June 30, 2023, in accordance with Section 22565, et seq., of the Act.

PASSED AND ADOPTED this ______ day of __________, 2022 by the following vote:

AYES:

NOES:
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2 Resolution No. ____

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Wendy Wood, City Clerk Rich Tran, Mayor

APPROVED AS TO FORM:

_____________________________
Christopher J. Diaz, City Attorney

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Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Amending and Restating the Wage Theft Procurement Policy Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/1/2022
Staff Contact: Lauren Lai, Finance Director, 408-586-3111 Recommendation: Adopt a resolution to amend and restate the City’s Wage Theft Procurement Policy

Background:

The City of Milpitas adopted an anti-wage theft procurement policy through Resolution No. 8768 on May 1, 2018. City staff have found that certain parties contracting with the City of Milpitas find it impracticable to agree to the Policy’s Wage Theft Prevention contract language. The proposed amendments to the City of Milpitas Wage Theft Procurement Policy would create additional exemptions in order to provide greater flexibility to the City and ensure that the City obtains needed goods and services.

Analysis:

Pursuant to the City’s Wage Theft Procurement Policy (Resolution No. 8768), it is the policy of the City of Milpitas that all parties contracting with the City must comply with all applicable federal, state and local wage and hour laws including but not limited to the Federal Fair Labor Standards Act ("FSLA"), the California Labor Code and the Milpitas Minimum Wage Ordinance. The Policy requires as a part of a City solicitation for supplies, materials, goods and/or services, a potential contractor to complete a "Bid Certification" to disclose whether the contractor or any of its subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws. In addition, all City contracts subject to this Policy must include the certain contract provisions ensuring that the contractor and any subcontractor it employs will comply with all applicable federal, state and local wage and hour laws.

Currently the following types of procurements are exempt from the Policy:

A. Individual City solicitations, contracts or purchases for supplies, materials, goods and/or services of Five Thousand Dollars ($5,000) or less; or
B. City solicitations, contracts or purchases for supplies, materials, goods and/or services secured either through "piggyback procurement," where the pricing and terms have been previously established by another public agency, pursuant to Milpitas Municipal Code Section I-2-3.07 or "cooperative procurement," a cooperative purchasing program entered into by a public agency, regardless of whether the City is named a party to the agreement, pursuant to Milpitas Municipal Code Section I-2-3.08; or
C. City solicitations, contracts or purchases for supplies, materials, goods and/or services where application of this Policy would conflict with the California Public Contract Code, or other applicable State or Federal law.

The proposed amendments to the City of Milpitas Wage Theft Procurement Policy would create additional exemptions in order to provide greater flexibility to the City and ensure that the City obtains needed goods and services:
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 Individual City solicitations, contracts or purchases for supplies, materials, goods and/or services of ten thousand dollars ($10,000) or less.
 City solicitations, contracts or purchases of insurance.  City solicitations, contracts or purchases of software licenses, Software as a Service (SaaS) licenses or subscriptions, and information technology hardware or equipment.  City solicitations, contracts or purchases of utilities for the City entity, including but not limited to, telephone service, gas, electri city or water.
 City solicitations, contracts, or purchases of legal services.

When determined by the City Manager to be in the best interests of the City and where the solicitation, contract, or purchase is $50,000 or less.

Policy Alternative:

Do not adopt the proposed revisions to the Wage Theft Procurement Policy.

Fiscal Impact:

There is no fiscal impact associated with this proposed amendment to the Wage Theft Procurement Policy.

California Environmental Quality Act:

Not applicable. In accordance with CEQA Guidelines section 15378(b)(5), action on this item is not a project subject to CEQA because it is an administrative action that will not result in a physical change to the environment.

Recommendation:

Adopt a resolution amending and restating the Wage Theft Procurement Policy.

Attachment:

1. Resolution
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Item # C9.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING AND

RESTATING A WAGE THEFT PROCUREMENT POLICY
WHEREAS, City Council of the City of Milpitas adopted an anti -wage theft procurement policy through Resolution No. 8768 on May 1, 2018; and
WHEREAS, the Recitals set forth in Resolution No. 8768 remain true and correct; and WHEREAS, it remains the policy of the City of Milpitas that all parties contracting with the City must comply with all applicable federal, State and local wage and hour laws, including but not limited to the Federal Fair Standards Act, California Labor Code and City of Milpitas Minimum Wage Ordinance; and WHEREAS, due to the nature of certain industries, it can be impracticable for some parties contracting with the City of Milpitas to ensure that the contractor and all its subsidiaries, contractors and subcontractors comply with all wage and hour laws; and
WHEREAS, the City desires to amend the Wage Theft Procurement Policy to create additional exceptions in order to provide greater flexibility to the City and ensure that the City obtains needed goods and services; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and o ther materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

2. The policy described in the recitals above, and as more particularly set forth in the attached Exhibit "A," is hereby adopted by the City Council as the official procurement policy of the City of Milpitas to address wage theft violations. Resolution No. 8768 is hereby superseded.

3. This policy shall remain in effect until repealed or modified by the City Council.

PASSED AND ADOPTED this _____ day of _______ 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

______________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor
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APPROVED AS TO FORM:

_______________________________
Christopher J. Diaz, City Attorney

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(Effective: __/__/2022)
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EXHIBIT A

CITY OF MILPITAS

WAGE THEFT PROCUREMENT POLICY

BACKGROUND:

Wage theft occurs when an employer fails to pay its workers the wages to which they are legally entitled. It is the crime of stealing earned wages from workers. There are numerous forms of wage theft involving violations of employment laws but all resulting in workers earning less than they are entitled to earn.

Local and national studies on wage theft report that wage theft is a pervasive and chronic problem. Wage theft is not incidental, aberrant, rare or committed only by a few rogue employers at the periphery of the labor market. Instead it takes place in industries that span the economy — from retail, restaurants and grocery stores; caregiver industries; manufacturing, construction and wholesalers; building services such as janitori al and security; and personal services such as dry cleaning and laundry, car washes and beauty and nail salons.

PURPOSE:

To establish a Council Policy and procedure to prevent wage theft on City contracts.

POLICY:

It is the policy of the City of Milpitas that all parties contracting with the City must comply with all applicable federal, state and local wage and hour laws including but not limited to the Federal Fair Labor Standards Act ("FSLA"), the California Labor Code and the Milpitas Minimum Wage Ordinance.

Bid or Proposal Disqualification Circumstances
A potential contractor that has submitted a formal or informal bid/proposal to provide supplies, materials, goods and/or services to the City shall be disqualified if: (i) the potential contractor, or any subcontractor it proposes to employ as part of the bid/proposal, has been found, by a final court order or administrative action of an investigatory government agency, to have violated applicable federa l, state or local wage and hour laws, including but not limited to the FSLA, the California Labor Code and the Milpitas Minimum Wage Ordinance; and (ii) that at least one such judgment, decision or order remains unsatisfied by the potential contractor or a ny of its subcontractors as of the date of submission of a bid/proposal to provide supplies, materials, goods and/or services to the City. For purposes of this paragraph, a final court order or administrative action is one as to which there is either no pe nding appeal or the time for filing an appeal has passed and no appeal was filed.

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Grounds for Contract Termination
A current contractor who has been found by a final court order or administrative action of an investigatory government agency to have violated applicable federal, state or local wage and hour laws, including but not limited to the FLSA, the California Labor Code and the Milpitas Minimum Wage Ordinance, or who em ploys a subcontractor who has been similarly found to be in such violation, may be in material breach of its contract with the City if the violation is not fully disclosed and/or satisfied per City contract requirements. Such breach may serve as a basis fo r contract termination and/or any other remedies available under law.

Exemptions
This Policy shall not apply to the following:

A. Individual City solicitations, contracts or purchases for supplies, materials, goods and/or services of Ten Thousand Dollars ($10,000) or less; or
B. City solicitations, contracts or purchases for supplies, materials, goods and/or services secured either through "piggyback procurement," where the pricing and terms have been previously established by another public agency, pursuant to Milpitas Municipal Code Section I -2-3.07 or "cooperative procurement," a cooperative purchasing program entered into by a public agency, regardless of whether the City is named a party to the agreement, pursuant to Milpitas Municipal Code Section I -2-3.08; or
C. City solicitations, contracts or purchases for supplies, materials, goods and/or services where application of this Policy would conflict with the California Public Contract Code, or other applicable State or Federal law.

D. City solic itations, contracts or purchases of i nsurance and related services .

E. City solicitations, contracts or purchases of software licenses , Software as a Service (SaaS) licenses or subscriptions, and information technology hardware or equipment .

F. City solicitation s, contracts or purchases of utilities for the City entity , including but not limited to, telephone service, gas, electricity or water.

G. City solicitations, contracts , or purchases of legal services.

H. When determined by the City Manager to be in the best interests of the City and where the solicitation, contract, or purchase is $50,000 or less .

PROCEDURE:

I. MANDATORY DISCLOSURE REQUIREMENT
Unless otherwise exempted by this Policy, as a part of a City solicitation for supplies, materials, goods and/or services, a potential contractor shall fully complete a "Bid Certification" ("Certification"). The Certification requires each potential contra ctor to disclose whether the contractor or any of its subcontractors has been 181
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found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the FLSA, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the date of the submitted bid/proposal.

For each disclosed violation, the potential contractor shall provide a copy of (i) the final court order and/or final administrative decision/action; and (ii) documents demonstrating either that the order/decision/action has been fully satisfied, or if the order/decision/action has not been fully satisfied, documents evidencing a payment or other alter native plan approved by the court/government agency to satisfy the order/decision/action and proof that the potential contractor or its subcontractor is in compliance with that plan as of the date of bid/proposal submittal. The completed Certification shal l be submitted by the potential contractor to the City as a part of its bid/ proposal.

The City shall disqualify a potential contractor based upon a disclosed violation if the order/decision/action for that violation remains unsatisfied as specified above.

Inaccurate or incomplete disclosures constitute a violation of the City's Wage Theft Procurement Policy and shall result in immediate disqualification from the City solicitation and contracting process or immediate termination of any contract with the City.

II. CONTRACT LANGUAGE AFTER SUCCESSFUL BID OR PROPOSAL All City contracts subject to this Policy shall include the following provisions:

Wage Theft Prevention
Compliance with Wage and Hour Laws : Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws.

Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, t he California Labor Code and the Milpitas Minimum Wage Ordinance.

Final Judgments, Decisions, and Orders: For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to app eal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City of Milpitas, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against Contractor and/or its Subcontractors : BY SIGNING THIS AGREEMENT,

CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5)

YEARS PRIOR TO EXECUTING THIS AGREEMENT THAT CONTRACTOR OR ITS SUBCONTRACTORS(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.

CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER FULLY

SATISFIED EACH JUDG MENT, DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR

ORDER HAS NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS

SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR ORDER

THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE

COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

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Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.

Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i ) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/ government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) cale ndar days during the Term of the Contract demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement.

Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention : Notice provided to the City shall be addressed to:

Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the noti ce requirements in this Section. 183
Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Amendments to the Professional Services Agreement with Ascent Environmental for Consultant Services and Master Funding Agreement with the Metropolitan Transportation Commission for the Priority Development Area Planning Grant Program Related to Preparation of the Gateway/Main Street Specific Plan Update and Authorize the City Manager to Execute the Amended Agreements and Supplement to the Master Funding Agreement with the Metropolitan Transportation Commission.

Category: Consent Calendar-Community Development
Meeting Date: 3/1/2022
Staff Contact: Ned Thomas, Planning Director, 408-586-3273 Jay Lee, Principal Planner, 408-586-3077
Recommendation: Approve amendments to the Professional Services Agreement with Ascent Environmental for consultant services and Master Funding Agreement with the Metropolitan Transportation Commission for the Priority Development Area Planning Grant Program related to preparation of the Gateway/Main Street Specific Plan Update and authorize the City Manager to execute the amended agreements and Supplement to the Master Funding Agreement with the Metropolitan Transportation Commission.

Background:

The Milpitas Midtown Specific Plan was originally adopted by City Council in 2002 to maximize land use, transportation, and economic opportunities along the City’s historic Main Street and to energize and catalyze mixed-use, transit-oriented development in the Midtown area, also known as the “heart” of Milpitas. Since adoption of the current Midtown Specific Plan, little of the community’s vision for this area has been realized, and many potential development sites remain vacant and underutilized, especially along Main Street. As part of the update process, the Midtown Specific Plan will be renamed the “Milpitas Gateway/Main Street Specific Plan” and will provide a new vision and strategic policy framework to guide redevelopment and reinvestment in three focus areas and transform this important gateway into an attractive and vibrant destination for the City and the region.

On April 6, 2021, the City Council adopted the FY2022-26 Capital Improvement Plan (CIP), which included the Milpitas Gateway/Main Street Plan (Midtown Specific Plan Update) as Project No. 3437 with an initial outlay of up to $960,000 from the Community Planning Fund. On May 26, 2021, the Metropolitan Transportation Commission (MTC) awarded the City of Milpitas an additional $500,000 through its Priority Development Area (PDA) Planning Grant Program to complete the project.

On March 16, 2021, the Purchasing Division released RFP No. 2515 seeking proposals from qualified vendors with demonstrated experience in municipal planning services to assist the City with the Milpitas Gateway/Main Street Specific Plan (Midtown Specific Plan Update). Following a competitive evaluation process in accordance with the City’s Municipal Code, the top firm, Ascent Environmental, was invited to continue in the evaluation process by providing a detailed scope of work with the proposed compensation for all services outlined in the RFP.

On September 21, 2021, City Council authorized the City Manager to execute a master funding agreement with the Metropolitan Transportation Commission to receive funding through the PDA Planning Grant Program and a professional services agreement with Ascent Environmental for consultant services to prepare the 184
Item # C10.

Gateway/Main Street Specific Plan. Additional information regarding the project and RFP process can be found in the attached Council agenda report from the September 21, 2021 meeting.

Analysis:

Amendments to the professional services agreement with Ascent Environmental are needed to keep Studio J9 as one of Ascent’s subconsultants. Studio J9 is a sole proprietorship and therefore unable to meet the subcontractor insurance and liability requirements typically required by the City. Furthermore, Studio J9’s work is limited to preparing branding materials for the project, which is considered a direct expense. Therefore, staff is proposing amendments to the professional services agreement with Ascent that would treat Studio J9 as a vendor and require Ascent to assume liability for all work performed by Studio J9 under the agreement. A redline version of the PSA is attached to show the proposed amendments.

Amendments to the master funding agreement with the Metropolitan Transportation Commission are needed to execute the standard form agreement used for all jurisdictions. At the City Council meeting on September 21, 2021, staff presented a version of the agreement with minor non-substantive revisions and the Council subsequently approved this version of the agreement. However, the Metropolitan Transportation Commission clarified that jurisdictions wishing to receive grant funding must execute the original standard form agreement with no revisions. A redline version of the master funding agreement is attached to show the proposed amendments.

Following approval of the master funding agreement on September 21, 2021, City staff and Metropolitan Transportation Commission staff prepared a supplement to the master funding agreement. While the master funding agreement is an agreement with the Metropolitan Transportation Commission that allows the City to receive grant funds in general, the supplement establishes the scope of work, schedule, and budget to receive funding specifically for the Gateway/Main Street Specific Plan.

Policy Alternatives:

Alternative 1: Do not approve amendments to the professional services agreement with Ascent Environmental and the master funding agreement with MTC and do not authorize the City Manager to execute the amended agreements and the supplement to the master funding agreement with MTC.

Pros: None.

Cons: Failure to approve the amendments to the professional services agreement with Ascent Environmental and the master funding agreement with MTC and authorize the City Manager to execute the amended agreements and the supplement to the master funding agreement with MTC would result in the City being unable to finish updating the Midtown Specific Plan and forgoing $500,000 in approved PDA grant funds, which need to be expended within 36 months of execution of a funding agreement with MTC. Without the Milpitas Gateway/Main Street Specific Plan, the existing Midtown Specific Plan would remain in place. Absent new policies and standards to facilitate catalytic development, the Main Street area and Calaveras Corridor would likely continue to suffer from disinvestment and a lack of identity. The City would potentially miss out on the opportunity to revitalize an important area of the city.

Reason not recommended: In light of the City’s anticipated Regional Housing Needs Allocation (RHNA) from the Association of Bay Area Governments (ABAG), the Milpitas Gateway/Main Street Specific Plan is needed to help Midtown realize its full development potential and support regional and state efforts to address critical housing needs. If Midtown is unable to accommodate more housing development, it will be more challenging to meet the City’s RHNA obligation. Moreover, the Milpitas Gateway/Main Street Specific Plan is needed to implement the vision of the recently adopted General Plan, which establishes Midtown as a key opportunity area for new economic growth and development in the City.

Fiscal Impact:

The proposed amendments to the professional services agreement with Ascent Environmental and master funding agreement with the Metropolitan Transportation Commission would not change the project budget. The cost to provide planning services for the Milpitas Gateway/Main Street Specific Plan will be covered by a 185
Item # C10.

combination of Community Planning Fees and the General Government CIP Fund in the amount of $828,000, and funds received from MTC through the PDA Planning Grant Program in the amount of $500,000. As noted above, the Milpitas Gateway Specific Plan is a budgeted CIP project (No. 3437).

California Environmental Quality Act:

Not applicable. The selection and contractual arrangement of planning services do not constitute a project, in accordance with Section 15378 of the CEQA Guidelines.

Recommendation:

Approve amendments to the Professional Services Agreement with Ascent Environmental for consultant services and Master Funding Agreement with the Metropolitan Transportation Commission for the Priority Development Area Planning Grant Program related to preparation of the Gateway/Main Street Specific Plan Update and authorize the City Manager to execute the amended agreements and Supplement to the Master Funding Agreement with the Metropolitan Transportation Commission.

Attachments:

1. Amended Master Funding Agreement with MTC

2. Supplement to Master Funding Agreement with MTC

3. Amended Professional Services Agreement with Ascent Environmental

4. MTC Resolution No. 4202 (PDA Grant Awards)

5. City Council Staff Report, September 21, 2021
186
Item # C10.

MASTER FUNDING AGREEMENT

BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION

AND

CITY OF MILPITAS

PLANNING, PROGRAMMING,

TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS

FOR

FISCAL YEAR 2021-2022 through FISCAL YEAR 2031-2032

187
Item # C10.

MTC/City of Milpitas
Master Funding Agreement
Page ii

TABLE OF CONTENTS

ARTICLE PAGE

1.0 GENERAL ..................................................................................................................................... 1

2.0 INTERAGENCY AGREEMENT ADMINISTRATION .......................................................... 2

3.0 FUNDING ...................................................................................................................................... 2

4.0 TERM............................................................................................................................................. 2

5.0 PAYMENT .................................................................................................................................... 3

6.0 DELAYS AND FAILURE TO PERFORM ................................................................................ 3

7.0 AMENDMENTS ........................................................................................................................... 3

8.0 TERMINATION ........................................................................................................................... 4

9.0 USE OF THIRD PARTY CONTRACTS ................................................................................... 4

10.0 INDEMNIFICATION .................................................................................................................. 4

11.0 LAWS AND REGULATIONS..................................................................................................... 4

12.0 RECORDS ..................................................................................................................................... 4

13.0 AUDITS ......................................................................................................................................... 5

14.0 SUBCONTRACTS ........................................................................................................................ 5

15.0 PROHIBITED INTERESTS ....................................................................................................... 6

16.0 ORGANIZATIONAL CONFLICTS OF INTEREST ............................................................... 6

17.0 CHOICE OF LAW ....................................................................................................................... 7

18.0 PARTIAL INVALIDITY ............................................................................................................. 7

19.0 NO THIRD PARTY BENEFICIARIES ..................................................................................... 7

20.0 ORDER OF PRECEDENCE ....................................................................................................... 7 EXHIBIT A FORM OF SUPPLEMENT ............................................................................................... 9 EXHIBIT B-1 ADDITIONAL TERMS AND CONDITIONS (GENERAL) .................................... 11 EXHIBIT B-2 ADDITIONAL TERMS AND CONDITIONS (FEDERALLY REQUIRED CLAUSES) ............................................................................................................................................... 12 EXHIBIT B-3 ADDITIONAL TERMS AND CONDITIONS (STATE-REQUIRED CLAUSES) 21 EXHIBIT B-4 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES,

APPRENTICESHIPS, AND PAYROLL RECORDS NON FEDERALLY FUNDED AGREEMENTS) ..................................................................................................................................... 34 EXHIBIT B-5 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS FEDERALLY FUNDED AGREEMENTS) 35 EXHIBIT B-6 ADDITIONAL TERMS AND CONDITIONS (REGIONAL TOLL FUNDS INCLUDING RM1, RM2, AND AB 1171) ........................................................................................... 40 EXHIBIT B-7 ADDITIONAL TERMS AND CONDITIONS (REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ) ........................................................................ 45 188
Item # C10.

MASTER FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF MILPITAS
For PLANNING, PROGRAMMING,

TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS

This Master Funding Agreement, effective as of (this “Master Funding Agreement” or “Agreement”), is entered into by and between the Metropolitan Transportation Commission (hereafter “MTC”), a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., and City of Milpitas (hereafter "AGENCY"). MTC and AGENCY are collectively referred to herein as “the Parties.”

WITNESSETH

WHEREAS, MTC has been designated as the Metropolitan Planning Organization (MPO - federal) and the Regional Transportation Planning Agency (“RTPA” - state) for the San Francisco Bay Region; and
WHEREAS, MTC from time to time expects to provide funds available to it as MPO, RTPA or otherwise to AGENCY; and
WHEREAS, it is expected that these funds will be used for planning, programming, transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”); and
WHEREAS, the Parties wish to set forth the terms and conditions under which MTC may from time to time provide funding to AGENCY; and
WHEREAS, before MTC will make funds available hereunder, MTC and AGENCY will enter into at least one Supplement to this Master Funding Agreement, which must be in substantially the form attached hereto as Exhibit A (each, a “Supplement”) to establish the terms and conditions applicable to AGENCY when receiving funds for the Project;
NOW, THEREFORE, the Parties hereto agree as follows:

1.0 GENERAL
This Master Funding Agreement shall have no force and effect with respect to a Project or any portion thereof unless and until a Supplement has been fully executed by both MTC and AGENCY governing the relevant Project. Exhibit A, Form of Supplement, is attached hereto and incorporated herein. Each Supplement shall include the following information:

a. A description of the applicable Project scope of work; 189
Item # C10.

MTC/City of Milpitas
Master Funding Agreement

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Milpitas City CouncilMarch 1, 2022

Milpitas City Council
March 1, 2022