455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 3/01/2022
Agenda Item No. 17
ATTACHMENT RELATED TO
AGENDA ITEM 17
SUBMITTED AFTER AGENDA
PACKET DISTRIBUTION
CORRESPONDENCE
C I T Y O F M I L P I T A S
Otto Lee
County of Santa Clara Supervisor, Third District
County Government Center, East Wing
70 West Hedding Street, 10th Floor
San Jose, California 95110
Tel: (408) 299-5030 Fax: (408) 298-6637
[email protected] www.supervisorlee.org
February 28, 2022
The Honorable Mayor and Members of the Milpitas City Council Milpitas City Hall
455 E. Calaveras Blvd
Milpitas, CA 95035
SUBJECT: HOMELESSNESS TASK FORCE RECOMMENDATIONS (ITEM 17) Dear Mayor Tran & City Councilmembers:
Homelessness in Santa Clara County needs our attention and I am writing to express my support for the recommendations brought forward by the City of Milpitas’ Homelessness Task Force.
The recommendations brought forward by the Homelessness Task Force are robust and ripe for potential partnership opportunities between the City of Milpitas and the County of Santa Clara.
In addition to the Task Force’s five primary suggestions, I would like to recommend that you continue to fund the assessments that our unhoused constituents rely upon for housing and other critical services. Assessments are helping to save lives. I want to commit my office’s support in partnership with the City of Milpitas to achieve these goals and for finding transitional housing options for those in immediate need.
Addressing homelessness in a collaborative manner has always been one of my legislative priorities. Last May, I introduced a referral asking the County Administration to examine unused, county-owned parcels in Supervisorial District 3 for the development of additional transitional housing units. I would like to work with the City Council to explore these options and create successful solutions for our families.
More recently in December 2021, I called for the development of a collaborative emergency interim housing program. Working with cities and community partners to utilize vacant motel rooms for transitional housing, the goal of this program is to connect those in need with wrap-around services. We are currently awaiting these respective reports from County staff and will connect with city staff and the City Council to advance this work.
We have a lot of opportunities before us and I look forward to working together to support our unhoused neighbors in Milpitas, Santa Clara County and beyond. I remain committed to finding opportunities to collaboratively address homelessness. Please do not hesitate to contact my office to continue the conversation and discuss next steps.
Sincerely,
Otto O. Lee
February 28, 2022
City of Milpitas Mayor Rich Tran
Vice Mayor Carmen Montano
Councilmember Evelyn Chua
Councilmember Karina Dominguez
Councilmember Anthony Phan
Dear Mayor Tran and members of the Milpitas City Council:
I want to start by applauding the efforts of the City of Milpitas’s Homelessness Task Force for their work, and for the recommendations they have provided. I am grateful for their work – it is a difficult undertaking to tackle the housing and homelessness crisis, and there isn’t going to be a silver bullet. We need as many tools as possible to solve this crisis.
However, with different opportunities to partner at the county, state, and federal levels, I believe we can and need to do more to meet the moment. We must work together to identify potential partnership opportunities, leverage resources, and collaborate regionally.
In that spirit, I would also like to urge you to continue to fund the HEAT program which provides assessments that our unhoused constituents rely upon for housing and other critical services. The important program helps assess homeless residents for future housing placement and places individuals in queues based on immediate need.
Without the city’s funding for the program, the County would need to divert its resources to other locations, at the expense of our unhoused Milpitans. I urge you to find a dedicated funding source for the continuance of this vital program.
Please let me know If I can ever be of assistance, and I look forward to continuing to work together to support our unhoused.
Sincerely,
Assemblymember Alex Lee, 25th District
455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 3/01/2022
Agenda Item No. 21
C I T Y O F M I L P I T A S
AGREEMENT
DRAFT REGULATORY
PACKET DISTRIBUTION
SUBMITTED AFTER AGENDA
AGENDA ITEM 21
ATTACHMENT RELATED TO
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration
MEMORANDUM
Office of the City Manager
DATE: March 1, 2022
TO: Mayor and Council
THROUGH: Steve McHarris, City Manager
FROM: Ashwini Kantak, Assistant City Manager
SUBJECT: Agenda Item #21: Draft Regulatory Agreement for Turing Project Attached for the Council’s reference at tonight’s meeting is the Draft Regulatory Agreement for the Turing Project. The City is not a party to this agreement which would only be between the California Statewide Community Development Authority Community Improvement Authority (“Authority”) and the Bond Trustee.
However, the Regulatory Agreement, Sections 4 and 5, contain the affordability covenants for the Turing Project. These sections include: the breakdown of units for Low, Median, and Moderate-Income Households (40%, 20%, 40%, respectively); limitations on rent increases (maximum 4% annually); calculation of maximum rents at 30% of household income; and local preference for employees of Milpitas Unified School District. Rent reductions for existing qualified tenants are not addressed.
Staff recommendations that pertain to the Regulatory Agreement include:
• Referencing the affordability covenants and attaching the Regulatory Agreement as an exhibit to the Public Benefit Agreement (PBA); the Turing Project Team has agreed to require City consent for any future changes to the affordability covenants; • Adding rent reductions for existing qualified tenants in the Regulatory Agreement with reference in the PBA consistent with staff’s recommendation in the Council agenda report; and
• Amending the local preference provision to include employees of other public education institutions located in Milpitas.
Attachment: Draft Regulatory Agreement
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Orrick, Herrington & Sutcliffe LLp
405 Howard Street
San Francisco, California 94105
Attention: Steffi Chan
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
By and Between
CSCDA COMMUNITY IMPROVEMENT AUTHORITY
and
WILMINGTON TRUST, NATIONAL ASSOCIATION,
as Trustee
Dated as of 2022
Relating to
CSCDA Community Improvement Authority
Essential Housing senior Lien Revenue Bonds, series 2022A-l (Turing-Milpitas) (Social Bonds),
Essential Housing Senior Lien Revenue Bonds, series 2022A-z (Turing-Milpitas) (Sociat Bonds),
Essential Housing Mezzanine Lien Revenue Bonds, Series 20228 (Turing-Milpitas) (Social Bonds),
and
Essential Housing subordinate Lien Revenue Bonds, series z02zc (Turing-Milpitas)
4159-3809-s668.2
Clause
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section I 1.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21 .
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
EXHIBIT A
EXHIBIT B
EXHIBIT C
TABLE OF CONTENTS
Page
Definitions and Interpretation....... ....................2 Representations, Covenants and Warranties of the Owner. .................5 Residential Rental Project...... .........5
Tenants; Income Requirements............ ............6
Affordable Rental Requirements; Limitations on Rent Increases; Rent Reductions ....................8
Tax-Exempt Status of Bonds ..........9
Requirements of the Owner ............9
Modification of Covenants........... ..................10 Indemnification......... ....................10 Consideration............ ....................10 Reliance ......................10 Transfer of the Proiect ..................1 1
Term......... ...................12
Covenants to Run With the Land.......... ..........12
Burden and Benefi1................ .......13
Uniformity; Common Plan.......... ...................13 Default; Enforcement............... .......................l3 [Reserved] ...................14
Recording and Filing ....................14
fReserved] ...................14
Governing Law; Venue................ ...................14 Amendments; Waivers ..................14 Notices ......15 Severabi1ity............... ....................16 Multiple Counterparts............... ......................16 Limitation on Liability ..................16
Annual Reporting Covenant .........16
DESCRIPTION OF REAL PROPERTY (TURING)
FORM OF INCOME CERTIFICATION
FORM OF CERTIFICATE OF CONTINUING PROGRAM
COMPLIANCE
4 l 59-3809-5668.2
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (as supplemented and amended from time to time, this "Regulatory Agreement") is made and entered into as of -=-=-, by and between the CSCDA COMMLINITY IMPROVEMENT AUTHORITY, a joint exercise of powers agency duly organized and existing under the laws of the State of California, as issuer of the Bonds (as further defined herein) and as owner of the Project identified herein (together with any successor to its rights, duties and obligations hereunder, the "owner"), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (together with its successors in trust and assigns, the "Trustee").
WITNESSETH:
WHEREAS, pursuant to Chapter 5 of DivisionT of Title 1 of the California Government Code (the "Act"), the Owner proposes to issue its Essential Housing Senior Lien Revenue Bonds, Series 2022A-1 (Turing-Milpitas) (Social Bonds) (the "series 2022A-1 Bonds"), its Essential Housing Senior Lien Revenue Bonds, Series 2022A-2 (Turing-Milpitas) (Social Bonds) (the "Series 2022A-2 Bonds" and, together with the Series 2022A-l Bonds, the "series 2022A Bonds"), its Essential Housing Mezzanine Lien Revenue Bonds, Series 20228 (Turing-Milpitas) (Social Bonds) (the "Series2022B Bonds"), and its Essential Housing Subordinate Lien Revenue Bonds, Series 2022C (Turing-Milpitas) (the "Series2022C Bonds" and, together with the Series 2022A Bonds and the Series 20228 Bonds, the "Bonds") pursuant to a Trust Indenture, dated as of
-
(as supplemented and amended from time to time, the "Indenture"), between the Owner and the Trustee;
WHEREAS, a portion of the proceeds of the Bonds will be used to provide, in paft, financing for the acquisition of the multifamily rental housing project known as Turing Apartments located on the real property site described in Exhibit A hereto (as further described herein, the "Project");
WHEREAS, to satisfy the public purposes for which the Bonds are authorized to be issued under the Act, and in furtherance of certain specific public purposes of the Owner, previously approved by the Owner's Resolution No. 202_-_, which include supporting, preserving and providing low income, tnedian income and moderate income multifamily rental housing in areas in which demand for such housing is not currently being adequately met, certain limits on the occupancy of units in the Project need to be established and certain other requirements need to be met;
NOW, THEREFORE, in consideration of the issuance of the Bonds by the Owner and the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and the Trustee hereby agree as follows:
4 I 59-3809-5668.2
Section 1. Definitions and Interpretation. Unless the context otherwise requires, the capitalized terms used herein shall have the respective meanings assigned to them in the recitals hereto,inthisSection1,orintheMasterG1ossaryofTerms,datedaSof-. "Administrator" means any administrator or program monitor appointed by the Owner to administer this Regulatory Agreement, and any successor administrator appointed by the Owner. "Area" means the Metropolitan Statistical Area or County, as applicable, in which the Project is located, as defined by HUD.
"Bonds" means the CSCDA Community Improvement Authority Essential Housing Senior Lien Revenue Bonds, Series 2022A-l (Turing-Milpitas) (Social Bonds), the CSCDA Community Improvement Authority Essential Housing Senior Lien Revenue Bonds, Series 2022A-2 (TuringMilpitas) (Social Bonds), the CSCDA Community Improvement Authority Essential Housing Mezzanine Lien Revenue Bonds, Series 20228 (Turing-Milpitas) (Social Bonds), and the CSCDA Community Improvement Authority Essential Housing Subordinate Lien Revenue Bonds, Series 2022C (Turing-Milpitas).
"Certificate of Continuing Program Compliance" means the Certificate to be filed by the Owner with the Administrator, pursuant to Section 4(e) hereof, which shall be substantially in the fonn attached as Exhibit C hereto or in such other comparable form as rnay be provided by the Owuer.
"City" means the City of Milpitas, California.
"Closing Date" means the date the Bonds are issued and delivered to the initial purchaser thereof.
"Compliance Period" means the period beginning on the Closing Date and ending on the first date on which there are no Bonds and no Additional Bonds outstanding. "County" means the County of Santa Clara, California.
"Deed of Trust" means the Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing dated as of the Closing Date, by the Owner granting a lien on its fee simple interest in the Property, subject to Permitted Encumbrances, to the Trustee for the benefit of the holders from tirne to time of the Bonds, as the same may be modified, amended or supplemented from time to time, or any deed of trust (or similar security instrument) containing a power of sale clause reflecting a valid, perfected first priority lien on the fee interest in the Project delivered by the Owner to secure the Owner's obligations to a third-party lender. "Gross Income" means the gross income of a person (together with the gross income of all persons who reside with such person in one residential unit) as calculated in the manner prescribed by Section 8 of the Housing Act.
"Housing Act" means the United States Housing Act of 1937 , as amended, or its successor. "HIJD" means the United States Department of Housing and Urban Development. 4 r s9-3809-s668.2
"lncome Certification" means a Tenant Income Certification and a Tenant Income Certification Questionnaire in the form attached as Exhibit B hereto or in such other comparable form as may be provided by the Owner.
"Low Income Tenant" means a tenant occupying a Low Income Unit. "Low Inconte Unit" means any available unit if the aggregate Gross Income of all tenants therein does not exceed eighty percent (80%) of median gross income for the Area, with adjustments for family size. The determination of an available unit's status as a Low Income Unit shall be made by the Owner upon commencement of each lease term with respect to such unit, and annually thereafter, on the basis of an Income Certification executed by each tenant. "Management Agreement" means that certain Property Management Agreement, dated as of the date hereof, by and among the Ownel and the Manager. "Manager" meal1s Greystar California, Inc., and any other Person who is an assignee of the initial Management Agreement.
"Median Income Tenant" means a tenant occupying a Median Income Unit. "Median Income Unit" means any available unit if the aggregate Gross Income of all tenants therein does not exceed one hundred percent (100%) of median gross income for the Area, with adjustments for family size. The determination of an available unit's status as a Median Income Unit shall be made by the Owner upon commencement of each lease term with respect to such unit, and annually thereafter, on the basis of an Income Certification executed by each tenant. "Moderate Income Tenant" means (i) a tenant occupying a Moderate Income Unit or (ii) an Over Income Tenant if such tenant occupied an available unit on the effective date of this Regulatory Agreement.
"Moderate Income Unit" means any available unit if the aggregate Gross Income of all tenants therein does not exceed one hundred and twenty percent (120%) of median gross income for the Area, with adjustments for family size. The determination of an available unit's status as a Moderate Income Unit shall be made by the Owner upon commencement of each lease term with respect to such unit, and annually thereafter, on the basis of an Income Certification executed by each tenant.
"Over Income Tenant" means a tenant occupying an Over Income Unit. "Over Income Unit" means any occupied unit in which lhe aggregate gross income of all tenants therein exceeds one hundred twenty percent (120%) of median gross income for the Area, with adjustments for family size.
"Project" means the 371-unit multifamily rental housing development to be located in the City of Milpitas on the real property site described in Exhibit A hereto, consisting of those facilities, including real property, structures, buildings, fixtures or equipment situated thereon, as it may at any time exist, the acquisition of which facilities is to be financed, in whole or in part, from the proceeds of the sale of the Bonds, and any real property, structures, buildings, fixtures or 41 s9-3809-5668.2
equipment acquired in substitution for, as a renewal or replacement of, or a modification or improvement to, all or any part of the facilities described in the Deed of Trust. "Regulations" means the Income Tax Regulations of the Department of the Treasury applicable under the Code from time to time.
"Regulatory Agreement" means this Regulatory Agreement and Declaration of Restrictive Covenants, as it rnay be supplemented and amended from time to time. "Rental Payments" means the rental payments paid by the occupant of a unit, excluding any supplemental rental assistance to the occupant from the State, the federal government, or any other public agency.
"Tax-Exempt" means with respect to interest on any obligations of a state or local government, including the Bonds, that such interest is excluded from gross income for State of California personal income and federal income tax purposes; provided, however, that such interest may be includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating other tax liabilities, including any alternative minimum tax or environmental tax, under the Code.
"Transfer" means the conveyance, assignment, sale or other disposition of all or any portion of the Project; and shall also include, without limitation to the foregoing, the following:
(1) an installment sales agreement wherein Owner agrees to sell the Project or any part thereof for a price to be paid in installments; and (2) an agreement by the Owner leasing all or a substantial part of the Project to one or more persons or entities pursuant to a single or related transactions.
Unless the context clearly requires otherwise, as used in this Regulatory Agreement, words of any gender shall be construed to include each other gender when appropriate and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate.
This Regulatory Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof.
The titles and headings of the sections of this Regulatory Agreement have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Regulatory Agreement or any provisions hereof or in ascertaining intent, if any question of intent shall arise.
The parties to this Regulatory Agreement acknowledge that each party and their respective counsel have participated in the drafting and revision of this Regulatory Agreement. Accordingly, the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Regulatory Agreement or any supplement or exhibit hereto.
4 I 59-3809-566ti.2
4 Section 2. Representations. Covenants and Warranties of the Owner. (a) The Owner hereby incorporates herein, as if set forth in full herein, each of the representations, covenants and warranties of the Owner contained in the Tax Certificate and the Indenture relating to the Project.
(b) The Owner hereby represents and warrants that the Project is located entirely within the City.
(c) The Owner acknowledges, represents and warrants that it understands the nature and structure of the transactions contemplated by this Regulatory Agreement; that it is familiar with the provisions of all of the documents and instruments relating to the Bonds to which it is a party or of which it is a beneficiary;thatit understands the financial and legal risks inherent in such transactior-ts.
Section 3. Residential Rental Project. For the term of this Regulatory Agreement, the Owner hereby represents, covenants, warrants and agrees as follows:
(a) The Project will be owned and operated for the purpose of providing rnultifamily residential rental property. The Owner will own, and cause the Project to be managed and operated, as a project to provide multifamily residential rental property comprised of a building or structure or several interrelated buildings or structures, together with any functionally related and subordinate facilities, in accordance with such requirements as may be imposed thereby on the Project from time to time.
(b) Except as otherwise approved by the Owner, all of the dwelling units in the Project (except for the units set aside for resident managers or other administrative uses) will be similarly constructed units, and each dwelling unit in the Project will contain complete separate and distinct facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink.
(c) None of the dwelling units in the Project will ever be used as a hotel, motel, dormitory, fratemity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park, or rental lodging through Airbnb, Inc. and similar platforms; provided that the use of certain units for tenant guests on an intermittent basis shall not be considered transient use for purposes of this Regulatory Agreement. (d) No part of the Project will at any time during the Compliance Period be owned by a cooperative housing corporation, nor shall the Owner take any steps in connection with a conversion to such ownership or use, and the Owner will not take any steps in connection with, or consent to, approve or permit, a conversion of the Project to condominium ownership. (e) All of the available units in the Project will be available for rental during the period beginning on the date hereof and ending on the termination of the Compliance Period on a continuous basis.
4 I 59-3809-5668.2
5 Section 4. Tenants; Income Requirements. The Owner shall comply, or shall cause the Manager to comply, with the following requirements:
(a) During the Compliance Period, except for units occupied by residential managers, for which no income or rent restrictions shall apply, the Owner shall use its best efforts to ensure that the following income restrictions are met as soon as practicable following the Closing Date and thereafter, at all times:
(i) no less than forty percent (40%) of the completed residential units in the Project shall be Low Income Units;
(ii) no less than twenty percent (20%) of the completed residential units in the Project shall be Median Income Units; and
(iii) the balance of the cornpleted residential units in the Project shall be Moderate Income Units;
provided, that any unit remaining vacant for at least 30 consecutive days may be offered and leased as a Low Income Unit, Median Income Unit or Moderate Income Unit without regard for the requirements set forth in sub-paragraphs (i), (ii) and (iii) above. (b) No tenant shall be denied continued occupancy of a unit in the Project because (i) after admission, the aggregate Gross Income of all tenants in the unit occupied by such tenant increases to exceed the qualifying limit for the respective Low Income Unit, Median Income Unit or Moderate Income Unit initially occupied by such tenant, or (ii) in the case of a tenant residing within a unit within the Project prior to the Closing Date, the aggregate Gross Income of all tenanti in the unit occupied by such tenant exceeded, at the time of the execution of the tenant's lease or at any time thereafter, the qualifying limit for a Moderate Income Unit. However, if after a tenant's initial occupancy of a Low Income Unit, Median Income Unit or Moderate Income Unit, as applicable, the aggregate Gross Income of tenants in such unit, as of the most recent determination thereof, exceeds that which is defined for such unit occupied by the same number of tenants, the next available unit of comparable or smaller size shall, subject to the discretion of the Owner and Manager as described in the next succeeding paragraph, be rented (or held vacant and available for immediate occupancy by) in a manner that would maintain the unit mix required by Section 4(a) hereof. Notwithstanding the foregoing, in the event that the aggregate Gross Income of all tenants in a unit exceeds the qualifying limit for a Moderate Income Tenant and such tenant elects to remain at the Project and to renew its lease, the monthly rental rate for such tenant shall not be subject to the income and rent limitations contained in this Regulatory Agreement.
Notwithstandir-rg any provision of this Regulatory Agreernent to the contrary, the Owner shall verify, or cause the Manager to verify, all tenant incomes at least annually and shall use its best efforts to continually re-balance the mix of household incomes by leasing vacantunits to Low Income Tenants, Median income Tenants or Moderate Income Tenants as needed to meet the income set-aside requirements set forth in Section 4(a). For the avoidance of doubt, this Section 4(b) shall apply to existing tenants occupying units in the Project on the Closing Date at the time of their lease renewal.
4 1 59-3809-5668.2
(c) For the Compliance Period (except for tenants under lease as of the Closing Date), the Owner shall cause the Manager to obtain, complete and maintain on file Income Certifications for each tenant, including (i) an Income Certification dated immediately prior to the effective date of such tenant's lease for occupancy in the unit and a second Income Certification dated one year thereafter, and (ii) thereafter, an annual verifiable self-certification with respect to each tenant.
The Owner shall, or shall cause the Manager to, provide such additional information as may be required in the future by applicable rules, rulings, policies, procedures, Regulations or other official statements now or hereafter promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service with respect to Tax-Exempt obligations. Upon request of the Administrator or the Trustee, copies of income Certifications for tenants commencing or continuing occupation of a residential unit shall be submitted to the Administrator or the Trusiee, as requested.
(d) The Owner shall cause the Manager to verify that the income information provided by an applicant in an Income Certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain pay stubs for the three most recent pay periods, (2) obtain an income tax return for the most recenttaxyear, (3) obtain a credit report or conduct a similar type credit search, (4) obtain an income verification from the applicant's current employer, (5) obtain an income verification from the Social Security Administration and/or the Caiifoinia Deparlment of Social Services if the applicant receives assistance from either of such agencies, or (6) if the applicant is unemployed and does not have an income tax return, obtain another form of independent velification reasonably acceptable to the Owner. Nothing in this Regulatory Agreement shall prevent Administrator or Manager from applying usual, customary una t.gut tenant eligibility criteria, including without limitation, consideration as to whether an applicant has sufficient income and other financial resources from which to pay rent. (e) The Owner shall prepare and subn-rit or cause the Manager to prepare and submit to the Administrator atrd the City not less than annually, commencing not less-than one year after the Closing Date, a Certificate of Continuing Program Compliance executed by the bwner in substantially the form attached hereto as Exhibit C.
(0 For the Compliance Period, all tenant leases or rental agreements (other than those in place as of the Closing Date) shall be subordinate to this Regulatory Agreement and the Deed of Trust. A11 leases shall contain clauses, among others, wherein each Gnant: (i) certifies the accuracy of the statements made by such tenant in the Income Certification; (ii) agrees that the family income and other eligibility requirements shall be deemed substantial and material obligations of the tenancy of sucl.r tenant, that such tenant will comply promptly with all requests for information with respect thereto frorn the Owner or the Administrator on beiralf of the Owner, and that the failure to provide accurate information in the Income Cerlification or self-certification or refusal to comply with a request for information witl-r respect thereto shall be deemed a violation of a substantial obligation of the tenancy of such tenant; (iii) acknowledges that the Owner has relied on the statements made by such tenant in the Income Certification and supporting inforrnation supplied by the tenant in determining qualification for occupancy of a Low in.orr.
Unit, Median Income Unit or Moderate Income Unit, as applicable, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease or rental agreement; and (iv) agrees that the tenant's income is subject 4 I 59-3809-5668.2
to annual certification in accordance with Section 4(c) and that if upon any such certification the aggregate Gross Income of tenants in such unit exceeds the applicable income limit under Section 4(b), the unit occupied by such tenant may cease to qualifi as a Low Income Unit, Median Income Unit or Moderate Income Unit, as applicable, and such unit's rent may be subject to increase. (g) In reviewing and considering applications from prospective tenants, the Owner shall provide a preference to households which include one or more persons who are employed by the Milpitas Unified School District.
Section 5. Affordable Rental Requirements; Limitations on Rent Increases: Rent Reductions. During the Compliance Period, except for units occupied by residential managers, for which no income or rent restrictions shall apply, in addition to the other requirements set forth herein, the Owner hereby agrees that it shall comply, or cause the Manager to comply, with the following:
(a) The Rental Payments for the Low Income Units paid by the tenants thereof shall not exceed 30% of the Low Income limit for the County, adjusted for household size, as published annually by HUD pursuant to the Housing Act.
(b) The Rental Payments for the Median Income Units paid by the tenants thereof shall not exceed 30oh of the Median Income limit for the County, adjusted for household size, as published annually by HUD pursuant to the Housing Act.
(c) The Rental Payments for the Moderate Income Units paid by the tenants thereof shall not exceed 30Yo of the Moderate Income limit for the County, adjusted for household size, as published annually by HUD pursuant to the Housing Act. (d) The Owner shall accept as tenants, on the same basis as all other prospective tenants, qualified low-income persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing program under Section 8 of the Housing Act. (e) For purposes of this Section 5, base rents shall be adjusted for household size using the following assumptions:
Unit Size Assumed Occupancy
studio 1
one-bedroom 2
two-bedroom J
three-bedroom 4.5
four-bedroom 6
4 l 59-3809-5668.2
8 (0 The following limitations shall apply to annual rent increases for households occupying available units in the Project:
(i) For a household qualifuing as a Low Income Unit, a Median Income Unit, or a Moderate Income Unit, as applicable, but for which annual rent payable is lower than the applicable limit set forth in paragraph (a), (b) or (c) above, respectively, rent shall not be increased more than 4%o annually and then only up to the applicable limit set forth in such paragraphs above. (ii) For a household qualifying as a Low Income Unit, a Median Income Unit, or a Moderate Income Unit, as applicable, but for which annual rent payable exceeds the applicable limit set forth in paragraph (a), (b) or (c) above, respectively, rent shall be decreased as soon as practicable to the applicable limit set forth in such paragraphs above. For the avoidance of doubt, as used in this Section, "as soon as practicable" shall mean upon the expiration and renewal of any residential lease, it being understood and intended that such an adjustment to a tenant's rent shall not occur more often than once per year.
Except as set forth in Section 13 hereof, the covenants and conditions of this Regulatory Agreement shall be binding upon successors in interest of the Owner. (g) The Rental Payments for Over Income Units shall not be subject to the rent limitations set forth in this Section 5.
Section 6. Tax-Exempt Status of Bonds. The Owner hereby represents, warrants and agrees as follows:
(a) The Owner will not knowingly take or permit, or omit to take or cause to be taken, as is appropriate, any action that would adversely affect the Tax-Exempt nature of the interest on the Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof.
(b) The Owner will file of record such documents and take such other steps as are necessary, in the written opinion of Bond Counsel filed with the Owner, in order to ensure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project, including, but not limited to, the execution and recordation of this Regulatory Agreement in the real property records of the County.
Section 7. Requirements of the Owner. In addition to other requirements set forth herein and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, the Owner hereby agrees to comply with each of the requirements set forth in this Section 7, as follows:
(a) All tenant lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained in a reasonable condition for proper audit.
4 I 59-3809-5668.2
9 (b) The Owner shall appoint the Administrator to administer this Regulatory Agreement and to monitor performance by the Owner of the terms, provisions and requirements hereof. In the event that the Administrator resigns or is terminated, the Owner shall appoint a successorAdministrator, experienced and capable, in the judgment of the Owner, of performing the duties under the Project Administration Agreement. The Owner shall comply with any reasonable request made by the Administrator to deliver to any such Administrator any reports, notices or other documents required to be delivered pursuant hereto, and to make the Project and the books and records with respect thereto available for inspection by the Administrator. The fees and expenses of the AdnT inistrator shall be paid by the Owner.
Section 8. Modification of Covenants. The Owner and the Trustee herebv asree as follows:
(a) To the extent any amendments to the Act, the Regulations or the Code shall, in the written opinion of Bond Counsel filed with the Trustee and the Owner, retroactively impose requirements upon the ownership or operation of the Project more restrictive than those imposed by this Regulatory Agreement, and if such requirements are applicable to the Project and compliance therewith is necessary to maintain the validity of, or the Tax-Exempt status of interest on the Bonds and any Additional Bonds (as applicable), this Regulatory Agreement shall be deerned to be automatically amended to impose such additional or more restrictive requirements. (b) The Owner and the Trustee shall execute, deliver and, if applicable, file of record any and all documents and instruments necessary to effectuate the intent of this Section 8.
Section 9. Indemnification. The Owner and the Trustee will be indemnified as required by and pursuant to the Project Administration Agreement.
Section 10. Consideration. The Owner has agreed to issue the Bonds and to use the proceeds thereof to, among other things, finance,the acquisition of the Project. In furtherance of the significant public benefits of the Project, the Owner has entered into this Regulatory Agreement and has agreed to restrict the uses to which this Project can be put on the terms and conditions set forth herein.
Section 1 1. Reliance. The Owner and the Trustee hereby recognize and agree that the representations and covenants set forth herein may be relied upon by all persons, including but not lirnited to the Adn-rinistrator, interested in tl-re legality and validity of the Bonds, in the exemption frorn California personal income taxation of interest on the Bonds and in the Tax-Exempt status of the interest on the Bonds. In performing their duties and obligations hereunder, the Owner and the Administrator may rely upon statements and certificates of the tenants, and upon audits of the books and records of the Owner pertaining to the Project. In addition, the Owner may consult with counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Owner hereunder in good faith and in conformity with such opinion. For purposes of compliance with any provision of this or any other document requiring the Owner to "cause" another Person to take or omit any action, the Owner shall be entitled to rely conclusively (without inquiry or investigation) on the faithful and timely performance of such other Person under any document to which it is a party or any instruction from the Owner or the Trnstee.
4 I 59-3809-5668.2
10 Section 12. Transfer of the Proiect. For tl-re Compliance Period, except as permitted by the Indenture or the Public Benefit Agreement, the Owner shall not Transfer the Pro.ject, in whole or in part, unless the following cor-rditions are satisfied: (A) the receipt by the Owner and the Trustee of evidence acceptable to the Owner and the Trustee that (1) the Owner shall not be in default hereunder, if in effect (which may be evidenced by a Certificate of Continuing Program Compliance), or tl"re transferee reasonably undertakes to cure any defaults of the Owner; (2) the continued operation of the Project shall comply with the provisions of this Regulatory Agreement; (3) all rights, responsibilities and duties of the transferor under the Project Administration Agreement shall have been assigned to the transferee, or the transferee shall enter into a new project administration agreement in the form of the current Project Administration Agreement; and (4) the person or entity that is to acquire the Project does not have pending against it, and does not have a history of significant and material building code violations or complaints concerning the maintenance, upkeep, operation, and regulatory agreement compliance of any of its projects as identified by any local, state or federal regulatory agencies; (B) the execution by the transferee of any document reasonably requested by the Owner with respect to the assumption of the Owner's obligations under this Reguiatory Agreement, including without limitation an instrument of assumption hereof and thereof, and delivery to the Owner of an opinion of such transferee's counsel to the effect that each such document and this Regulatory Agreement are valid, binding and enforceable obligatior.rs of such transferee, subject to bankruptcy and other standard limitations affecting creditor's rights; (C) receipt by the Owner of an opinion of Bond Counsel to the effect that any such Transfer will not adversely affect the Tax-Exempt status of interest on the Bonds and any Additional Bonds (as applicable); (D) receipt by the Owner of all fees and/or expenses then currently due and payable to the Owner.
It is hereby expressly stipulated and agreed that any Transfer of the Proiect in violation of this Section 12 shall be null, void and without effect, shall cause a reversion of title to the Owner, and sirall be ineffective to relieve the Owner of its obligations under this Regulatory Agreement.
Nothing in this Section shall affect any provision of any other document or instrument between the Owner and any other party wliich requires the Owner to satisfy certain conditions or obtain the prior written consent of such other party in order to Transfer the Project. Upon any Transfer that complies with this Regulatory Agreement, the Owner shall be fully released from its obligations hereunder to the extent such obligations have been fully assumed in writing by the transferee of the Project.
The foregoing notwithstanding, the Pro.ject may be transferred pursuant to a foreclosure, exercise of powel of sale or deed in lieu of foreclosure or comparable conversion under the Deed of Trust without the consent of the Owner or compliance with the provisions of this Section 12.
For the Compliance Period, the Owner shall not: (1) encumber any of the Project or grant commercial leases of any part thereof (excluding any commercial lease existing on the Closing Date or entered into thereafter with respect to the commercial components of the Project that existed on the Closing Date, but occupied and vacant), or permit the conveyance, transfer or encumbrance of any part of the Proiect, except for (A) encumbrances permitted under the Deed of Trttst, or (B) a Transfer iu accordance with the terms of this Regulatory Agreement, in each case upon receipt by the Owner of an opinion of Bond Counsel to the effect that such action will not adversely affect the Tax-Exempt status of interest on the Bonds and any Additional Bonds (as 4 l 59-3809-5668.2
l1
applicable) (provided that such opinion will not be required with respect to any encumbrance, lease or transfer relating to a commercial operation or ancillary facility that will be available for tenant use and is customary to the operation of multifarnily housing developments similar to the Project); (2) demolish any part of the Project or substantially subtract from any real or personal property of the Project, except to the extent that what is demolished or removed is replaced with comparable property or such demolition or removal is otherwise permitted by the Deed of Trust; or (3) permit the use of the dwelling accommodations of the Project for any purpose except rental residences.
Section 13. 'l'erm. This Regulatory Agreement and all and several of the terms hereof shall become effective upon its execution and delivery, and shall remain in full force and effect for the period provided herein and shall terminate as to any provision not otherwise provided with a specific termination date and shall terminate in its entirety at the end of the Compliance Period.
The terms of this Regulatory Agreement to the contrary notwithstanding, the requirements of this Regulatory Agreement shall terminate and be of no further force and effect in the event of iuvoluntary noncotnpliance witli the provisions of this Regulatory Agreement caused by fire or other casualty, seizure, requisition, foreclosure or transfer of title by deed in lieu of foreclosure, change in a federal law or au action of a federal agency after the Closing Date, which prevents the Owner from euforcing such provisions, or condemnation or a similar event, but only if, within a reasonable period, either the Bor-rds and any Additional Bonds are retired or amounts received as a consequence of such event are used to provide a project that meets the requirements hereof; provided. however, that the preceding provisions of this sentence shall cease to apply and the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of such provisious as the result of the foreclosure orthe delivery of a deed in lieu of foreclosure or a similar event, the Owner or any related person (within the meaning of Section 1 .103- 10(e) of the Regulations) obtains an ownership interest in the Project for federal income tax purposes. The Owner hereby agrees that, following any foreclosure, transfer of title by deed in lieu of foreclosure or similar event, neither the Ownel nor any such related person as described above will obtain an ownership interest in the Proiect for federal tax purposes.
Notwithstar-rding any other provisior, of this Regulatory Agreement, this Regulatory Agreemeut may be terminated upon agreement by the Trustee and the Owner, upon receipt by the Owner of an opinion of Bond Counsel to the effect that such termination will not adversely affect the exclusion fi'om gross income of interest on the Bonds and any Additional Bonds (as applicable) for federal income tax purposes. Upon the termination of the terms of this Reguiatory Agreement, the parties hereto agree to execute, deliver and record appropriate instruments of release and discharge of the terms hereof; provided, however, that the execution and delivery of such instruments shall not be necessary or a prerequisite to the termination of this Regulatory Agreen-rent in accordance witli its terms.
Section 14. Covenants to Run With the Land. Notwithstanding Section 1461 of the California Civil Code, the Owner hereby subjects the Project to the covenants, reservations and restrictions set forth in this Regulatory Agreement. The Trustee ar-rd the Owner hereby declare their express intent that the covenants, reservations and restrictions set forlh herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors in title to the Proiect; provided, however, that on the termination of this Regulatory Agreement said covenants, reservatiorts and restrictions shall expire. Each and every contract, deed or other 4 I 59-3809-566ti.2
t2
instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments.
Section 15. Burden and Benefit. The Trustee and the Owner heleby declare their understanding and intent that the burdens ofthe covenants set forth herein touch and concern the land in that the Owner's legal interest in the Project is rendered less valuable thereby. Nothing in this Regr"rlatory Agreement expressed or implied is intended or shall be construed to confler upon, or to give to, any person other than the Owner and the Trustee (acting exclusively on behalf of Bondholders) any right, remedy or claim under or by reason of this Regulatory Agreement or any covenant, reservation or restriction hereof, which shall be for the sole and exclusive benefit of the Owner and the Trustee (acting exclr"rsively on behalf of Boridholders). For purposes of clarity, there are no third-party beneficiaries.
Section 16. Uniformity: Common Plan. The covenants, reservatior-rs and restrictions hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan for the use of the site on which the Project is located.
Section 17. Default: Enforcement. If the Owner defaults in the performance or observance of any covenant, agreement or obligatior-r of the Owner set forth in this Regulatory Agreemeut, and if such default remains uncured for a period of 60 days after notice thereof shall have been given by the Manager, the Controlling Party or the Trustee to the Owner, or fbr a period of 60 days frorn the date the Owner should, with reasonable diligence, have discovered such defar-rlt, then the Trustee sliall declare an "Everlt of Default" to have occurred hereunder; provided, however, that if the default is of such a nature that it cannot be corrected within 60 days, such default shall not constitute an Event of Default hereunder so long as (i) the Owner institutes corrective actiot't within said 60 days and diligently pursues such action until the default is corrected, and (ii) in the opinion of Bond Counsel, the failure to cure said default within 60 days will r-rot adversely affect the Tax-Exempt status of interest on the Bonds and any Additional Bonds (as applicable).
Following the declaration of an Event of Default hereunder, the Owner shall have the right, in its sole and absolute discretion, to replace the Manager and terminate the Property Management Agreement in accordance with its terms, ar-rd the Trustee, subject to the terms of the Indenture, may take any one or more of the following steps, in addition to all other remedies provided by law or equity:
(a) by mandarnus or other suit, action or proceeding at law or in equity, including iniunctive relief, require the Owner to perform its obligations and covenants hereunder or enjoin any acts or things tl-rat rnay be r-rnlawful or in violation of the rights of the Trustee hereunder; (b) have access to and inspect, examine and make copies of all of the books and records of the Owner pertainir,g to the Project; and
(c) take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Owner hereunder. 4 I 59-3809-56(rtl.2
13 The Owner hereby agrees that specific enforcement of the Owner's agreements contained herein is the only means by which the Trustee may fully obtain the benefits of this Regulatory Agreement made by the Owner herein, and the Owner therefore agrees to the imposition of the remedy of specific performance against it in the case of any Event of Default by the Owner hereunder. Notwithstanding anything to the contrary, remedies against the Owner do not include monetary damages.
The Trustee and the Owner hereby agree that cure of any Event of Default made or tendered by the Manager shall be deemed to be a cure by the Owner an( shall be accepted or rejected on the same basis as if made or tendered by the Owner.
Section 18. lReservedl.
Section 19. Recording and Filing. (a) The Owner shall cause this Regulatory Agreement and all amendments and supplements hereto and thereto, to be recorded and filed in the real property records of the County, and in such other places as the Owner may reasonably deem necessary. The Owner shall pay all fees and charges incurred in connection with any such recording.
(b) The Owner and the Trustee will file of record such other documents and take such other steps as are reasonably necessary, in the opinion of Bond Counsel, in order to ensure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project.
(c) The Owner hereby covenants to include or reference the requirements and restrictions contained in this Regulatory Agreement in any documents transferring any interest in the Project to another person to the end that such transferee has notice of, and is bound by, such restrictions, and, except in the case of a foreclosure or comparable involuntary conversion of the Deed of Trust, whereby the Trustee becomes the owner of the Project, to obtain the agreement from any transferee to abide by all requirements and restrictions of this Regulatory Agreement.
Section20. [Reserved].
Section 21. Governing Law: Venue . This Regulatory Agreement shall be construed in accordance with and governed by the laws of the State of California applicable to contracts made and performed in the State of California. This Regulatory Agreement shall be enforceable in the State of California, and any action arising hereunder shall (unless waived by the Owner in writing) be filed and maintained in the Superior Court of California, County of Sacramento.
Section 22. Amendments: Waivers. Except as provided in Sections 8(a) hereof, this Regulatory Agreement may be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County of Santa Clara, California, and only upon (i) receipt by the Owner of an opinion from Bond Counsel that such amendment will not adversely affect the Tax-Exempt status of interest on the Bonds and (ii) the written consent of the Controlling Party, who shall receive a copy of any such amendment. 4 I 59-3tt09-5668.2
14 (a) Anything to the contrary contained herein notwithstanding, the Trustee and the Owner hereby agree to amend this Regulatory Agreement to the extent required, in the opinion of Bond Counsel, in order that interest on the Bonds and any Additional Bonds (as applicable) remains Tax-Exempt. The parties requesting such amendment sliall notify the other prril.r to this Regulatory Agreement of the proposed amendment, with a copy of such proposed amendment to Bond Counsel and a reqllest that Bond Counsel render to the Owner an opinion as to the effect of sttch proposed ameudment upon the Tax-Exempt status of interest on the Bonds and any Additional Bonds (as applicable). This provision shall not be subject to any provision of any other agreement requiring any party hereto to obtain the consent of any otherperson in orderto amend this Regulatory Agreement.
(b) Any waiver of, or consent to, any condition under this Regulatory Agreement must be expressly made in writing.
Section 23. Notices. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, overnight delivery, certified or registered mail, postagi prepaid, return receipt requested, or by telecopy, in each case at the respective addresses specifiea in the Indenture, or at such other addresses as may be specified in writing by the parties hereto.
Unless otherwise specified by the Administrator, the address of the Administiator is:
With a copy to:
CSCDA Community Improvement Authority
1700 North Broadway, Suite 405
Walnut Creek, CA94596
Attn : Jon Penkower
Email : [email protected]
Waterford Property Company, LLC
130 Newpoft Center, Suite 230
Newport Beach, California 92660
Attention: John Drachman
Emai I : j drachman @w aterfordco. com
Real Estate Law Group LLC
700 University Avenue, Suite 100
Sacramento, California 9 5825
Attention: Emil Tung
Email : etung@relglaw. com
And a copy to:
The Administrator and tlie Owner may, by notice given hereunder, designate any furlher or different addresses to which subsequent notices, certificates or other communications shall be ser-rt. Notice shall be deemed given on the date evidenced by the postal or courier receipt or other written evidence of delivery or electronic transmission; provided that any telecopy or other electronic transrnission received by any party after 4:00 p.m., local time of the receiving party, as evidenced by the time shown on such transmission, shall be deemed to have been received the following Business Day.
4l 59-3809-5(;(r8.2
15 Section 24. Severabiliry. If any provision of this Regulatory Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.
Section 25. Multiple Counterparts. This Regulatory Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original.
S.ection 26. Limitation on Liability. Notwithstanding the foregoing or any other provision or obligation to the contrary contained in this Regulatory Agreement, the liability of the Owner under this Regulatory Agreement to any person or entity, including, but not limited to, the Trustee or the Controlling Party and their successors and assigns, is limited to moneys available therefor under and in accordance with the Indenture.
Section 27. Annual Reporting Covenant. No later than January 31 of each calendar year (commencing January 31, 2023), the Owner agrees to provide to the California Debt and Investment Advisory Commission, by any method approved by the California Debt and Investment Advisory Commission, the annual report information required by Section 8855(kX1) of the California Government Code. This covenant shall remain in effect until the later of the date (i) the Bonds and any Additional Bonds are no longer outstanding or (ii) the proceeds of the Bonds and any Additional Bonds have been fully spent.
t6
4 l 59-3809-5668.2
IN WITNESS WHEREOF, the Owner and the Trustee have executed this Regulatory Agreement by duly authorized representatives, all as of the date first above written.
CSCDA COMMUNITY IMPROVEMENT
AUTHORITY
By:
Name: Jon Penkower
Title: Authorized Signatory
4l 59-3809-5668.2
(Signatttre Page to Regulatory Agreement and Declaration of Restrictive Covenants)
WILMINGTON TRUST, NATIONAL ASSOCIATION,
AS TRUSTEE
By:
Authorized Representative
(Signature Page to Regulatory Agreement and Declaration of Restrictive Covenants) 4 I s9-3809-s668.2
EXHIBIT A
DESCRIPTION OF REAL PROPERTY
Real property in the City of Milpitas, County of Santa Clara, State of California, described as follows:
A-1
4 l 59-3u09-56(18.2
EXHIBIT B
F'ORM OF' INCOME CERTIF'ICATION
Effective Date:
Move-ln Date:
Household Size:
Floorplan:
Unit:
HOUSEHOLD COMPOSITION
Household Member Nome Relotionship Birthdate
L Head
2 3
4 5
6 7
Social Security /
Pension
4 l 59-3809-s668.2
B-1
EXHIBIT C
F'ORM OF CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
Witnesseth that on this day of ,20-, the undersigned, on behalf of the CSCDA COMMUNITY IMPROVEMENT AUTHORITY (the "Owner"), does hereby certify with respect to the multifamily rental housing development (the "Project") that:
l. During the preceding year (i) such Project was substantially and continually in compliance with the Regulatory Agreement and (ii) _% of the units in the Project were occupied by Low Income Tenants, _% of the units in the Project were occupied by Median Income Tenants _Yo of the units in the Project were occupied by Moderate Income Tenants.
Set forth below are the unit numbers of Low Income Tenants, Median Income Tenants and Moderate Income Tenants who commenced or terminated occupancy during the preceding month.
Commenced Occupancy Terminated Occupancy
1 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
9. 9.
10. 10.
11. 11.
12. 12.
13. 13.
14. 14.
15. 15.
16. 16.
17. 17.
18. 18.
19. 19,
20, 20.
Additional units that have commenced or terminated occupancy may be found in an additional attached sheet
2. The units occupied by Low Income Tenants, Median Income Tenants and Moderate Income Tenants are of sirnilar size and quality to other units and are dispersed throughout the Project. Attached is a separate sheet listing the number of each unit and indicating which units are occupied by Low lncome Teuants, Median Income Tenarrts and Moderate Income Tenants, the size, the number of bedroorns of c-1
4 I s9-3809-5668 2
such units and the number of Low Income Tenants, Median Income Tenants and Moderate Income Tenants who commenced occupancy of units during the preceding month.
The representations set forth herein are true and correct to the best of the undersigned's knowledge and belief.
Date: Owner:
4 r 59-3809-5668.2
c-2
455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 3/01/2022
Agenda Item No. 20
ATTACHMENT RELATED TO
AGENDA ITEM 20
SUBMITTED AFTER AGENDA
PACKET DISTRIBUTION
PUBLIC CORRESPONDENCE
C I T Y O F M I L P I T A S
1 Wendy Wood
From: Ann Zeise
Sent: Tuesday, March 1, 2022 2:11 PM
To: Wendy Wood
Subject: Public Comment for Agenda Item #20 tonight
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.
Please add my remarks to the public comments for agenda item #20. Thank you.
Please allow home businesses such as mine, the Community Website, GoMilpitas.com, to be included in the ARPA Investment plan.
Many, such as myself, have good reasons to be entrepreneurial, and do business from home. I am 74 and have mobility issues. Age, mobility, and comorbidity issues make it considerably better for me to make a living from my own home.
Covid in the community has made it harder to market even our online services, and costs of doing business have risen while revenue has declined.
Ann Zeise
Milpitas, CA 95035
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
March 01, 2022 Milpitas City Council Agenda Page 1
AG END 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
(c) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Manager
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 KimleyHorn 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 Nondepartmental 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 IncomeHousing 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 PlanningCMPP (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
MINUTES
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
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 Organization: MEA
(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 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 (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 IncomeHousing 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 nonprofit 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 lowincome 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 thirdparty 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 subpage 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 lowincome 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-toexceed 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.
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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.
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DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 65 Item # C5.
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.
Amendment No. 1 to PSA with Psomas Page 1 of 2
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND PSOMAS
This Amendment is entered into this 1st day of April 2020, by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and Psomas, a California Corporation (hereafter referred to as “Consultant"). City and Consultant maybe individually referred to herein as “Party” or jointly as the “Parties.”
RECITALS:
WHEREAS, the Parties entered into a Professional Services Agreement on July 1, 2019, (the “Agreement”) 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; and
WHEREAS, the Parties now desire to amend the Agreement to extend the expiration date of the Agreement by six months to allow CONSULTANT additional time to complete the verification, evaluation, and update of City utility information in the City’s GIS system, as described in Exhibit A to the Agreement, and to make ministerial changes to the Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 5, entitled “Time of Performance,” is hereby amended to read as follows:
“The term of this Agreement shall be from July 1, 2019, to October 1, 2020, unless earlier terminated as provided herein. Consultant shall complete 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 dated July 1, 2019. The Consultant shall provide the City with renewal certificates of the current policies upon the expiration of the current policies.
3. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
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. 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.
Amendment No. 1 to PSA with Psomas Page 2 of 2
5. If any provision of this Amendment No. 1 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. 1 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. 1 as of the 1st day of April 2020.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, Interim City
Manager
Date
Approved As To Form:
Christopher J. Diaz, City Attorney
Approved:
Walter C. Rossmann,
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: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 May-15-2020 May-13-2020
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
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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.
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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:
PHONE FAX (A/C, No, Ext): (A/C, No):
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 (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
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 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:
JECT LOC
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
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 OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 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 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.
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 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.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
ACORDTM 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
Client#: 25181 PSOMAS
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
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
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 $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ 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 WVDSUBR
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
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 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.
POLICY NUMBER: GL5268212 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.
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 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.
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 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.
POLICY NUMBER: GL5268212 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.
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",
"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.
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.
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 shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 80 Item # C5.
POLICY NUMBER: GL5268212 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.
POLICY NUMBER- GL5268212 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.
I. 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,effective12:01A.M. forms a part of
policyNo. 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 affordedunder this policy to an additionalinsured will apply as primary insurance for such additionalinsured 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
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 policy) 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. ÿJN\ I
Authorized Representative
107414 (03/11) Page 1
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GL5268212
04/01/2020
ENDORSEMENT #
This endorsement, effective 12:01 A.M. forms a part of
Policy No issued to PSOMAS
By NAT IONAL UN ION FIRE INSURANCE COMPANY OF P ITTSBURGH , 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 %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.
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 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 (03/11) Page 1
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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 clause" need be completed 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, 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 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 exclusions 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-A439-5D062D234D52 90 Item # C5.
CITY COUNCIL MEETING
Item
06/02/2020
Staff
SUMMARY OF ACTIONS
10. OPEN THE PUBLIC HEARING AND ADOPT 7 RESOLUTIONS TO APPROVE THE FISCAL YEAR 2020-21 OPERATING BUDGET AND THE 2020-2025 CAPITAL
IMPROVEMENT PROGRAM FOR THE CITY OF MILPITAS AND THE MILPITAS HOUSING AUTHORITY, APPROVE THE FISCAL YEAR 2020-21 GANN
APPROPRIATIONS LIMIT, AUTHORIZE VARIOUS FINANCIAL ACTIONS,
APPROVING VARIOUS FINANCIAL POLICIES AND BUDGET GUIDELINES, AMEND THE CLASSIFICATION PLAN FOR ALIGNMENT WITH THE FY 2020-21
BUDGET AND THE MINIMUM WAGE INCREASE, AMEND THE FRINGE BENEFITS
FOR UNREPRESENTED AND LIMITED SERVICES EMPLOYEES, AMEND THE FY 2020-21 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 Operating Budget and 2020-2025 Capital Improvement Program for the City and Housing Authority, approve appropriations limit, and authorize various financial actions by the City Manager, including approval of contracts and payments of more than $100,000. b) Resolution No. 8977 to amend the Classification Plan to adjust the number of positions on the Authorized Position List, amend specific budgeted, allocated positions, and establish classification title changes.
c) Resolution No. 8978 to amend the Classification Plan to adjust the hourly rate and ranges for 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 Benefits for Limited Term Employees.
e) Resolution No. 8980 to amend the Classification Plan to authorize fringe benefits for Unrepresented Management Employees.
f) Resolution No. 8981 to amend the Classification Plan to adjust the Salary Schedules for all IAFF, Mid-Management Confidential, ProTech, Miscellaneous Unrepresented and Fire Unrepresented Classifications consistent with previous Council Action. g) Resolution No. 8982 to amend the Master Fee Schedule for FY 2020-21 for revised user and regulatory fees for various City services.
Walter Rossmann
VOTE: 5-0
11. CONDUCT A PUBLIC HEARING AND INTRODUCE ORDINANCE NO. 38.840 AMENDING SECTIONS OF CHAPTER 10, TITLE XI, OF THE MILPITAS
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
a) 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 of Chapter 10, Title XI of Milpitas Municipal Code relating to Accessory Dwelling Units and determine that the Municipal Code (zoning) amendment is statutorily exempt from CEQA Guidelines Section 15282(h).
Rozalynne Thompson
VOTE: 5-0
12. RECEIVE REPORT AND PRESENTATION ON APPLICATION PROCESS AND
TIMELINE FOR DEVELOPMENT PROJECTS
Received report from Sharon Goei and Ned Thomas on building development application process and timelines.
Sharon Goei
4 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
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Withdrawing your consent
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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:
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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..
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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:
PHONE FAX
(A/C, No, Ext): (A/C, No):
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 (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
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
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:
JECT LOC
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
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 OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 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 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.
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 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.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
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
Client#: 25181 PSOMAS
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.
CG 20 10 12 19 Insurance Services Office, Inc., 2018 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.
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 Insurance Services Office, Inc., 2018 Page of 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
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
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 $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ 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 WVDSUBR
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
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 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.
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.
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: Steve Erickson, Christopher J. Diaz, Lyhak Eam 113
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:
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..
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-guidesigning-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.
115
Item # C5.
Amendment No. 1 to PSA with Psomas Page 1 of 2
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND PSOMAS
This Amendment is entered into this 1st day of April 2020, by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and Psomas, a California Corporation (hereafter referred to as “Consultant"). City and Consultant maybe individually referred to herein as “Party” or jointly as the “Parties.”
RECITALS:
WHEREAS, the Parties entered into a Professional Services Agreement on July 1, 2019, (the “Agreement”) 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; and
WHEREAS, the Parties now desire to amend the Agreement to extend the expiration date of the Agreement by six months to allow CONSULTANT additional time to complete the verification, evaluation, and update of City utility information in the City’s GIS system, as described in Exhibit A to the Agreement, and to make ministerial changes to the Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 5, entitled “Time of Performance,” is hereby amended to read as follows:
“The term of this Agreement shall be from July 1, 2019, to October 1, 2020, unless earlier terminated as provided herein. Consultant shall complete 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 dated July 1, 2019. The Consultant shall provide the City with renewal certificates of the current policies upon the expiration of the current policies.
3. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
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. 1.
DocuSign Envelope ID: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 116
Item # C5.
Amendment No. 1 to PSA with Psomas Page 2 of 2
5. If any provision of this Amendment No. 1 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. 1 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. 1 as of the 1st day of April 2020.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, Interim City
Manager
Date
Approved As To Form:
Christopher J. Diaz, City Attorney
Approved:
Walter C. Rossmann,
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: F721431B-B3C3-435E-A6EC-8E3BFEBA9789 May-15-2020 May-13-2020
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- FunctionExpenditure/ CP/ PG/ GT
Department Head
Finance Director
City Manager
Applicable Terms and Conditions
City of Milpitas
Vendor Number
Date Requested Requesting Department
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 0.00 0.00 92,303.00 92,303.00 Contract154,025.00 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
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Item # C5.
Amendment No. 2 to PSA with Psomas Page 1 of 3
AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND PSOMAS
This Amendment No. 2 is entered into this 1
st day of October 2020, by and
between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and Psomas, a California Corporation (hereafter referred to as “Consultant"). City and Consultant maybe individually referred to herein as “Party” or jointly as the “Parties.”
RECITALS:
WHEREAS, the Parties entered into a Professional 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 Consultant 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 intersections, interconnections between signals, and fiber throughout the City , and to increase the maximum 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 hereby amended to read as follows:
“Consultant shall provide the City with the services described in the Scope of Services as Exhibits A and A1, attached hereto and incorporated herein.”
2. Section 2, entitled “Compensation,” the first line of 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 Hundred 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 July 1, 2019, to October 1, 2021, unless earlier 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
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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 Agreement 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 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. 2.
7. If any provision of this Amendment No. 2 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. 2 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. 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 Attorney
Approved:
Walter C. Rossmann,
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
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 120
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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
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 122
Item # C5.
Kan Xu
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
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 123
Item # C5.
Kan Xu
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.
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 124
Item # C5.
Kan Xu
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.
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 125
Item # C5.
Kan Xu
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)
DocuSign Envelope ID: BE81F84E-43C1-4FB0-A04D-0555A261D399 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 126
Item # C5.
Kan Xu
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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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
End Date: Extend to 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 DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 Sep-24-2021
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 SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND PSOMAS
This Amendment No. 3 is entered into this 1st day of October 2021, by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and Psomas, a California Corporation (hereafter referred to as “Consultant"). City and Consultant maybe individually referred to herein as “Party” or jointly as the “Parties.”
RECITALS:
WHEREAS, the Parties entered into a Professional 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 Consultant additional time to complete the verification, evaluation, and update of City utility information in 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 Consultant to perform mapping signalized intersections, interconnections between signals, and fiber throughout the City, and to increase the maximum compensation amount by $92,303.00 to allow for these further services.
WHEREAS, the Parties now desire to amend the Agreement to extend the expiration date of the Agreement by six months to allow CONSULTANT additional time to complete the verification, evaluation, and update of City signalized intersections, interconnections between signals, and fiber in the City’s GIS system, as described in Exhibit A and A-1 to the Agreement, and to make ministerial changes to the Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:
1. Section 5, entitled “Time of Performance,” is hereby amended to read as follows:
“The term of this Agreement shall be from October 1, 2021, to April 1, 2022, unless earlier terminated as provided herein. Consultant shall complete 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 renewal certificates of the current policies upon the expiration of the current policies.
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Amendment 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:
Steven G. McHarris, City Manager
Date
Approved:
Lauren Lai,
Finance Director/Risk Manager
Approved As To Form:
Christopher J. Diaz, City Attorney
PSOMAS
Craig Gooch, Vice President
Date
Approved As To Content:
Steve Erickson,
City Engineer/Director of Engineering
9/24/2021
DocuSign Envelope ID: 9E3266A9-7230-4B64-A439-5D062D234D52 Sep-27-2021
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Amendment No. 4 to PSA with PSOMAS Page 1 of 4
AMENDMENT NO. 4
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MILPITAS
AND PSOMAS
This Amendment No. 4 is entered into this 1st day of March 2022, by and between the City of Milpitas, a municipal corporation of the State of California (hereafter referred to as "City") and PSOMAS, a California Corporation (hereafter referred to as “Consultant"). City and Consultant maybe individually referred to herein as “Party” or jointly as the “Parties.”
RECITALS:
WHEREAS, the Parties entered into a Professional 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 Consultant additional time to complete the verification, evaluation, and update of City utility information in 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 Consultant to perform mapping signalized intersections, interconnections between signals, and fiber throughout the City, and to increase the maximum 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 Consultant additional time to complete the verification, evaluation, and update of City signalized intersections, interconnections between signals, and fiber in the City’s GIS system; and
WHEREAS, the Parties now desire to amend the Agreement to extend the expiration date of the Agreement by eighteen months to allow CONSULTANT additional time to continue the verification, evaluation, and update of City signalized intersections, interconnections between signals, and fiber in the City’s GIS system, and to increase the compensation amount by $93,201 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 hereby amended to read as follows:
“Consultant shall provide the City with the services described in the Scope of Services as Exhibit A, A1 and A2, attached hereto and incorporated herein.”
2. Section 2, entitled “Compensation,” the first line of subsection b. is hereby amended to read as follows:
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Amendment No. 4 to PSA with PSOMAS Page 2 of 4
“In on event shall the total amount paid for the services rendered by Consultant under this Agreement exceed the sum of Three Hundred ThirtyNine Thousand Five Hundred Twenty-Nine Dollars and Zero Cents ($339,529).”
3. Section 5, entitled “Time of Performance,” is hereby amended to read as follows:
“The term of this Agreement shall be from July 1, 2019, to October 1, 2023, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines.”
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. 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 No. 4 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. 4 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. 4 as of the 1st day of March 2022.
[ SIGNATURES ON FOLLOWING PAGE]
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Amendment No. 4 to PSA with PSOMAS Page 3 of 4
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Christopher J. Diaz, City Attorney
Approved:
Lauren Lai, Risk Manager/Director of
Finance
PSOMAS
Craig Gooch, Vice President
Date
Approved As To Content:
Steve Erickson,
City Engineer/Director of Engineering
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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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Item # C5.
Ron Long
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. 136
Item # C5.
Ron Long
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.
Ron Long
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. 138
Item # C5.
Ron Long
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, KimleyHorn 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.
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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.
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 3.4 – 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.
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.
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.
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. 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.
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, KimleyHorn 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 151
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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.
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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, 153
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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.
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 3.4 – 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
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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.
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.
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 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:
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
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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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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:
168
Item # C7.
2 Resolution No. ___
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ _____________________________ Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher J. Diaz, City Attorney
169
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.
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 98-1.
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 98-1.
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 98-1.
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. 170
Item # C8.
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. 98-1 (Sinclair Horizon).
Attachments:
1. Location Map
2. Resolution
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Item # C8.
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 Maintenance 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
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:
173
Item # C8.
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, electricity 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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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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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 janitorial 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 federal, 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 any 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 pending 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 employs 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 for 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 solicitations, contracts or purchases of insurance 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 solicitations, 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 contractor 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 alternative 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 shall 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, the 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 appeal 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 JUDGMENT, 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. 182
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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) calendar 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 notice requirements in this Section. 183
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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
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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
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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
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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
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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
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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
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Master Funding Agreement