Milpitas City Council
January 23, 2024

January 23, 2024 Milpitas City Council Agenda Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL
AGENDA
TUESDAY, JANUARY 23, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA 5:30 PM
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
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.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may only be provided live during the City Council meeting in person. 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. Members of the public may submit written comments by email to [email protected].

The meeting will be streamed via Zoom for viewing purposes only. To watch via Zoom, please register at:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_fBeOc0cNQeKdqQcpntCguQ 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.

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.

January 23, 2024 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA 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.

PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Lien)

PRESENTATIONS
● Martin Luther King, Jr. Day (Proclamation)
● Curtner Elementary 2nd Annual Martin Luther King Day of Service ● Milpitas Incorporation 70th Anniversary
PUBLIC FORUM (6:30 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.

As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT ()

APPROVAL OF AGENDA
CONSENT CALENDAR (6:35 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 City Council Calendar of Meetings for January and February 2024 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for January and February 2024.

C2. Approve City Council City Council Meeting Minutes of December 12, 2023 and January 9, 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Approve City Council Meeting minutes of December 12, 2023 and January 9, 2024.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff

January 23, 2024 Milpitas City Council Agenda Page 3
Contact: Suzanne Guzzetta, 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 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
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. Consider Recommendations from Mayor Montano for Appointments to City Commissions, and Accept Commissioner Resignation (Contact: Mayor Montano, 408-586-3024) Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions; Accept the resignation of Melba Holliday from the Senior Advisory Commission; and direct the City Clerk to post the notice of unscheduled vacancy.

C6. Approve Travel for City Manager Ned Thomas to Attend the City Managers Conference in Los Angeles, CA (Staff Contact: Ned Thomas, City Manager, 408-586-3053) Recommendation: Authorize and approve travel to Los Angeles, CA, for City Manager Ned Thomas to Attend the League of California Cities’ Annual 2024 City Managers Conference scheduled for February 7 – 9, 2024, for a total not-to-exceed amount of $3,000.00 budgeted under Conferences/Trainings allocation for the City Manager’s Office.

C7. Approve and Authorize the City Manager to Execute Master Professional Service Agreements with Environmental Consultants for On-Call Environmental Services (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Michael Fossati, Senior Planner, 408-586-3274) Recommendation: Approve and authorize the City Manager to execute Master Professional Service Agreements with LSA Associates, Inc; Michael Baker International; Impact Sciences, Inc; First Carbon Solutions; Moore, Iacofano and Goltsman (MIG), Inc; and Ascent Environmental, Inc for up to $1,000,000 each for on-call environmental services.

C8. Adopt a Resolution Authorizing the City Manager to Execute a Fund Transfer Agreement with the California Department of Transportation (Caltrans) to Fund Project No. 4299 Bicycle Lane Improvement Project (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012, Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Recommendation: Adopt a resolution authorizing the City Manager to execute a Fund Transfer Agreement with the California Department of Transportation (Caltrans) to receive Caltrans 2022 Priority Legislative Budget Project (PLPB) Appropriation to fund Project No. 4299 Bicycle Lane Improvement Project.

C9. Authorize the Surplus of City Vehicles and Authorize the City Manager to Execute a General Services Agreement with JJ Kane Auctioneers for the Surplus of City Assets (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Finance Director, 408- 586-3111)
Recommendation: Authorize the surplus of City Vehicles and authorize the City Manager to execute a General Services Agreement with JJ Kane Auctioneers for the surplus of City assets in an amount not to exceed 5% of an assets auction price.

January 23, 2024 Milpitas City Council Agenda Page 4
C10. Adopt a Resolution to Adopt the Citywide Travel Safety Plan, Project No. 4293, Citywide Traffic Safety Assessment (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316) Recommendation: Adopt a resolution to adopt the Citywide Travel Safety Plan, Project No. 4293, Citywide Traffic Safety Assessment.

C11. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the District 1 Lot 2 (Graham) Project Located at 1415 McCandless Drive and Grant Authorization to the City Engineer to Release the Remaining Portion of the Lot 2 Performance Bond After the One-Year Warranty Period (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316)
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the District 1 Lot 2 (Graham) Project as shown on Public Improvement Plans No. 2-1217; and approve a reduction in the faithful performance bond of $24,950.00 which is 10% of the security’s original value for the Lot 2 public improvements construction cost. The remaining amount of the Lot 2 performance bond cost shall be in effect for the duration of the 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 that all required warranty work is completed to the satisfaction of the City Engineer.

C12. Approve Budget Appropriation of $250,000 from the Gas Tax Fund to Increase the City’s Local Project 10% Matching Contribution and Authorize the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements) (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager, 408-586-3316) Recommendation: Approve budget appropriation of $250,000.00 from the Gas Tax Fund to increase the City’s local project 10% matching contribution to $550,000.00 and Authorize the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements).

C13. Consider One Fee Waiver from Christian Worship Center Bay Area and One Donation Request from My Roots are Rich (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: (1) Approve a Fee Waiver of $1,500.00 for the Christian Worship Center Bay Area’s Annual Easter Egg Hunt scheduled for March 20, 2024; and (2) Approve a Donation request of $500.00 for My Roots are Rich Black History Month Flag Raising Ceremony on Thursday, February 1, 2024.

LEADERSHIP AND SUPPORT SERVICES (6:40 PM)

14. Authorize Additional Community Engagement Regarding a Potential November 2024 Ballot Measure (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012) Recommendation: Authorize staff to continue to perform a voter survey in Spring 2024 with a focus on potential re-authorization of Measure F, the quarter-cent local sales tax, as part of the November 2024 General Election ballot and return to City Council for a final decision by June 2024.

January 23, 2024 Milpitas City Council Agenda Page 5

15. Approve Changes to the City Council Procedures and Protocols Handbook (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; Michael Mutalipassi, City Attorney, 408-586-3041) Recommendation: Approve changes to the City Council Procedures and Protocols Handbook.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:45 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. 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 whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.

ADJOURNMENT (7:50 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.milpitas.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.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.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.

Milpitas City Council Calendar
January 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 CITY OBSERVED HOLIDAY

CITY OFFICES CLOSED
2 3
7:00 PM-Community Advisory
Commission (EC)
4 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5 6
7 8
4:30 PM-Economic Development and
Trade Commission (CM)
7:00 PM- Library and Education
Advisory Commission (EC)
9 11:00 AM-Special City Council
Meeting
10 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
11 5:30 PM-Santa Clara VTA Board of
Directors (CM)
6:00 PM-Youth Advisory Commission
(HL)
12 13
14 15
MARTIN LUTHER KING JR.

BIRTHDAY

CITY OFFICES CLOSED
16 17 18
5:30 PM-CASCC Legislative Action
Committee (CM)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)
7:00 PM-CASCC Board of Directors
(CM)
19 20
21 22
7:00 PM-Arts Commission (EC)
23 5:30 PM- Special City Council
Meeting
24 12:00 PM-Santa Clara Valley Water
District - Water Commission (CM)
7:00 PM-Planning Commission
25 City of Milpitas’ 70th Anniversary
Eve Open House
3:30 – 7:00 P.M.
26 City of Milpitas 70th Anniversary
of Incorporation
27 28 29 30
5:30 PM-Special City Council Meeting
Preliminary FY24-25 Budget Study
Session
31 1:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
December 2023

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
31 February 2024

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
United States Conference of Mayors – Washington, D.C. (CM) CalCities Mayors and Council Members Academy – Monterey, CA (CM/HL)

Milpitas City Council Calendar
February 2024
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:45 PM-Flag Raising Event: Black
History Month (Cesar Chavez Plaza)
2 3
6:00 – 8:00 PM-
City Event: Lunar
New Year (Civic
Center Plaza)
4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)
6 6:00 PM-Closed Session
7:00 PM-City Council
7 5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)
8 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Silicon Valley
Interoperability Authority Board of
Directors (GB)
6:00 PM-Youth Advisory Commission
(HL)
6:30 PM-CASCC Legislative Action
Committee (CM)
7:00 PM-CASCC Board of Directors
(CM)
9 10
11 12
4:30 PM-Economic Development and
Trade Commission (CM)
13 5:30 PM-Special Council Meeting:

CIP Study Session
14 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission
15 3:00 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (SB 1383) (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
16 17
18 19
PRESIDENT’S DAY

CITY HALL CLOSED
20 6:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)
22 23 24
25 26
7:00 PM-Science, Technology &
Innovation Commission (GB)
27 1:30 PM-Senior Advisory Commission
(CM)
28 7:00 PM-Planning Commission
29 January 2024

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 31
March 2024

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
31

December 12, 2023 Milpitas City Council Minutes Page 1

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, DECEMBER 12, 2023
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the regular City Council meeting day in a Regular Meeting of the Milpitas City Council on December 12, 2023, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:32 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
ABSENT: None.

City Manager Thomas noted Item (b) in Closed Session will be tabled to a later date. City Attorney Mutalipassi announced the closed session items. The City Council adjourned to Closed Session at 5:36 PM.

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Rick Bolanos, LCW
Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA (b) CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Facts and circumstances related to Claim against the City The City Council reconvened at 7:01 PM
CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi reported that there was no action taken on Closed Session items.

PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.

INVOCATION
Vice Mayor Chua introduced Ms. Lerma Reyes from North Valley Baptist Church to present the invocation.

PRESENTATIONS
There were no presentations.

PUBLIC FORUM
There were no public speakers.

December 12, 2023 Milpitas City Council Minutes Page 2

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi 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 Montano read the Code of Conduct.

APPROVAL OF AGENDA
After discussion, motion: to approve the agenda.

Motion/Second: Councilmember Lien/Vice Mayor Chua
by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

CONSENT CALENDAR
After discussion, motion: to approve the consent calendar, pulling Items C1 and C8.

Motion/Second: Councilmember Lien/Vice Mayor Chua
by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

2. Approve City Council City Council Meeting Minutes of December 5, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Meeting minutes of December 5, 2023.

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

4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

5. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Accepted the resignation of Peter Felix from the Parks, Recreation and Cultural Resources Commission effective January 1, 2024, and directed the City Clerk to post the notice of unscheduled vacancy.

6. Approve Appointments to the Cities Association of Santa Clara County Joint Powers Authority (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)

December 12, 2023 Milpitas City Council Minutes Page 3
(1) Approved the appointment of Mayor Montano as board member to the Cities Association of Santa Clara County Joint Powers Authority; and (2) Approved the appointment of Vice Mayor Chua as alternate board member to the Cities Association of Santa Clara County Joint Powers Authority.

7. Approve and Authorize the City Manager to Negotiate and Execute Amendment No. 2 to the Professional Services Agreement with David J. Powers & Associates, Inc. in an Amount Not-to- Exceed $400,000.00 for Completing the Environmental Review pursuant to the National Environmental Policy Act (NEPA) and requirements of the California Department of Transportation Office of Local Assistance (Caltrans) for S. Milpitas Blvd Vehicle Bridge at Penitencia Creek, Project No. 2016 (Staff Contact: Matt Cano, Deputy City Manager / Interim City Engineer, 408-586-3012)
Approved and authorized the City Manager to negotiate and execute Amendment No. 2 to the Professional Services Agreement with David J. Powers in an amount not-to-exceed $400,000.00 for completing the environmental review pursuant to the National Environmental Policy Act (NEPA) and requirements of the California Department of Transportation Office of Local Assistance (Caltrans) for S.

Milpitas Blvd Vehicle Bridge at Penitencia Creek, Project No. 2016.

9. Report on Bids and Adopt a Resolution Authorizing the City Manager to Award the Construction Contract to PCD in the Amount of $835,768.08 for the Council Chamber AV System Replacement Project (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712) (1) Received report on bids and adopted Resolution No. 9288 authorizing the City Manager to award a construction contract to the lowest responsible and responsive bidder, PCD, in the amount of $835,768.08 for the Council Chamber AV System Replacement Project, including $752,559.08 for the Council Chamber AV replacement and $83,209.00 for the Committee Conference Room AV replacement; and (2) Authorized the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $79,231.92 for the Council Chamber AV System Replacement Project.

10. Adopt a Resolution Authorizing the City Manager to Execute the Sole Source Services Agreement with Flock Group Inc. for Automated License Plate Reader (ALPR) Cameras in an Amount Not-to-Exceed $732,000.00 (Staff Contact: Jared Hernandez, Chief of Police, 408-586- 2406)
Adopted Resolution No. 9289 authorizing the City Manager to execute the extension of the Sole Source Services Agreement with Flock Group, Inc. for Automated License Plate Reader (ALPR) Cameras in an amount not-to-exceed $732,000, which includes a contingency of $91,500.00; and Authorized the Chief of Police to execute contract change orders in an aggregate amount not to exceed $91,500.00.

11. Approve Three Utility Boxes for Repainting During FY 2024 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409; and Tegan McLane, Recreation and Community Services Assistant Director, 408-586-3212)
Approved locations for three (3) Utility Box murals for the FY 24 Mural Program.

LEADERSHIP AND SUPPORT SERVICES

12. Adopt a Resolution to Amend the City of Milpitas’ Classification Plan to Establish the Classifications of City Engineer and Public Works Division Manager, Aligned with the Realignment of the Engineering and Public Works Departments (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Christian Di Renzo, Public Works Director, 408-586- 2602)

December 12, 2023 Milpitas City Council Minutes Page 4
City Manager Thomas introduced the item. Deputy City Manager Cano and Public Works Director Di Renzo presented the report.

There were no public speakers.

Mayor Montano and Vice Mayor Chua spoke in support of the recommendation, thanking staff for their work in bringing the item forward.

After discussion, motion: to adopt Resolution No. 9290 to amend the City of Milpitas’ Classification Plan to establish the classification of City Engineer, reclassify CIP Manager and Transportation & Traffic Manager to Public Works Division Manager – Engineering, reclassify one Public Works Manager to Public Works Division Manager – Operations, and delete the classifications of Engineering Director and Assistant City Engineer.

Motion/Second: Vice Mayor Chua/Councilmember Lien
by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

13. Elect Vice Mayor (Contact: Matt Cano, Deputy City Manager, 408-586-3012) Mayor Montano introduced the item and nominated Evelyn Chua to continue as Vice Mayor.

After discussion, motion: to nominate and appoint Evelyn Chua by majority vote as Vice Mayor for the City of Milpitas to serve a one year term.

Motion/Second: Mayor Montano/Councilmember Phan
by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

ITEMS PULLED FROM CONSENT CALENDAR

1. Receive City Council Calendar of Meetings for December 2023 and January 2024 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Councilmember Barbadillo raised concerns about the scheduling of meetings in January, particularly on the 9th and 16th, due to a pre-planned engagement. He requested to either consolidate the meetings into one date or to be excused from the meetings.

Vice Mayor Chua made a motion: to excuse Councilmember Barbadillo from the City Council meetings scheduled on January 9th and 16th.

City Attorney Mutalipassi clarified that the other option was to consolidate the meetings and settle on which meeting date would be cancelled. He restated the current motion on the floor.

Councilmember Phan voiced concerns regarding the meetings scheduled back to back and noted he would not support the motion as originally proposed by the Vice Mayor.

Vice Mayor Chua clarified the intent of the motion to allow the Councilmember to be absent. She spoke

December 12, 2023 Milpitas City Council Minutes Page 5
in agreement with Councilmember Phan regarding the frequency of meetings scheduled in January.

Councilmember Barbadillo asked if it was possible to have two motions – one to excuse his absence and a second to consolidate the meetings. City Attorney Mutalipassi noted it could be either by one or two motions. He recommended that if there’s a motion to amend the calendar that the motion include specifics about the date and time.

City Manager Thomas noted the January 9th special meeting was scheduled in lieu of the original regular meeting date of January 2nd.

Vice Mayor Chua proposed keeping the motion as is to excuse absences by Councilmember Barbadillo and to have a second motion to consolidate meetings.

City Manager Thomas suggested the possibility of special meetings on the 23rd and 30th as substitutes for the canceled meetings on the 9th and 16th. He reiterated the motion on the floor.

Councilmember Phan suggested the City Manager’s Office poll the City Council for meeting dates and confirm the meeting schedule.

Councilmember Lien seconded the motion.

City Attorney Mutalipassi clarified the motion: to excuse Councilmember Barbadillo from any City Council meeting scheduled through January 16th and to have the City Manager work with the City Council to confirm the meeting dates in January.

Motion/Second: Vice Mayor Chua/Councilmember Lien
by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None.

8. Approve and Authorize the City Manager to Execute the Five-Year Software as a Service (SaaS) Agreement with Tyler Technologies for Financial System Enterprise Resource Planning (ERP) and Human Resources Information System (HRIS) (Staff Contact: Lauren Lai, Finance Director 408-586-3111; and Vicky Lien, Acting Human Resources Director 408-586-3085) Vice Mayor Chua withdrew her request to discuss.

There were no public speakers.

Councilmember Barbadillo questioned if the agreement was authorized in the budget. Deputy City Manager Cano confirmed that the item was approved as part of the budget.

After discussion, motion: to approve and authorize the City Manager to execute the five-year Software as a Service Agreement with Tyler Technologies for Financial System Enterprise Resource Planning (ERP) and Human Resources Information System (HRIS) for an amount not to exceed $2,123,588 and delegate authority to the City Manager for additional optional 5 years and change order authority up to 10%.

Motion/Second: Vice Mayor Chua/Councilmember Barbadillo by the following:

AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan
NOES: None

December 12, 2023 Milpitas City Council Minutes Page 6

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
There were no announcements.

ADJOURNMENT
Mayor Montano adjourned the meeting at 7:38 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

January 9, 2024 Milpitas City Council Minutes Page 1

SPECIAL MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES
TUESDAY, JANUARY 9, 2024
CITY COUNCIL CHAMBER, 455 E. CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened on the Special City Council meeting day in a Special Meeting of the Milpitas City Council on January 9, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Special City Council meeting to order at 11:03 AM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Councilmember Lien, Councilmember Phan ABSENT: Vice Mayor Chua, Councilmember Barbadillo

PLEDGE OF ALLEGIANCE
Mayor Montano led the pledge of allegiance.

INVOCATION
Councilmember Lien provided the invocation.

PRESENTATIONS
There were no presentations.

PUBLIC FORUM
There were the following public speakers:

1. Erlindo Casenas

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS Assistant City Attorney Creech asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Absent: Councilmember Barbadillo, Vice Mayor Chua).

Assistant City Attorney Creech asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions (Absent: Councilmember Barbadillo, Vice Mayor Chua).

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

APPROVAL OF AGENDA
Councilmember Phan requested to pull item C2 from the Consent Calendar.

After discussion, motion: to approve the agenda, pulling Item C2 from the Consent Calendar.

January 9, 2024 Milpitas City Council Minutes Page 2
Motion/Second: Mayor Montano/Councilmember Lien
by the following:

AYES: Mayor Montano, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua, Councilmember Barbadillo

CONSENT CALENDAR
After discussion, motion: to approve the Consent Calendar except Item C2.

Motion/Second: Mayor Montano/Councilmember Lien
by the following:

AYES: Mayor Montano, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua, Councilmember Barbadillo

1. Receive City Council Calendar of Meetings for January 2024 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for January 2024.

3. Consider Continuing Council Direction on Public Comment at City Council, Planning Commission, and other Brown Act Body Meetings (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012)
Approved the continuation of the policy that public comments at City Council, Planning Commission, and other Brown Act Body meetings be delivered in person or in writing until further City Council direction is received, except as otherwise required by law.

4. Authorize and Approve Travel Requests for Mayor Montano to Washington, D.C., and for both Mayor Montano and Councilmember Lien to Monterey, CA (Staff Contact: Ned Thomas, City Manager, 408-586-3053)
(1) Authorized and approved the out-of-state travel to Washington, D.C., for Mayor Carmen Montano to attend the United States Conference of Mayors 92nd Winter Meeting to be held on January 17 – 19, 2024, for an estimated total not-to-exceed amount of $3,600 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings; and (2) Authorized and approved the travel to Monterey, CA, for Mayor Carmen Montano and Councilmember Hon Lien to attend the League of California Cities Mayors and Council Members Academy to be held on January 24 – 26, 2024, for a combined estimated total not-to-exceed amount of $3,400 budgeted under the Individual Elected Official allocation for Conferences/Meetings/Trainings.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
City Manager Thomas wished everyone a Happy New Year and announced changes coming to the City Hall lobby.

ITEMS PULLED FROM CONSENT CALENDAR

2. Consider the Recommendation from Mayor Montano for Appointments to the Planning Commission (Contact: Mayor Montano, 408-586-3024)
City Manager Thomas presented introductory remarks.

January 9, 2024 Milpitas City Council Minutes Page 3
Councilmember Phan opined on the standards for appointing commissioners and noted that Planning Commission appointments especially need to be generally agreed on by the City Council due to how close the commission works with the them. He requested voting separately on each recommended commissioner appointment.

Mayor Montano made a motion: to appoint Michael Caulkins to fill the Planning Commission seat formerly occupied by Lawrence Ciardella.

The Mayor noted that she would work with staff to make the remaining appointment to the Planning Commission.

Assistant City Attorney Creech restated the motion.

Motion/Second: Mayor Montano/Councilmember Lien
by the following:

AYES: Mayor Montano, Councilmember Lien, Councilmember Phan NOES: None
ABSENT: Vice Mayor Chua, Councilmember Barbadillo

ADJOURNMENT
Mayor Montano adjourned the meeting at 11:25 AM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 1/16/2024
February 6, 2024 – Regular Meeting

CLOSED SESSION
•Labor Relations
INVOCATION (Councilmember Barbadillo)

PRESENTATION
•Lunar New Year (Proclamation)
•Black History Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for February 2024 (City Clerk)

2. Approve City Council Meeting minutes of January 23, 2024 (City Clerk)

3. Preview list of items for February 20, 2024 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Weed Abatement (Fire Prevention)

6. 1350 Country Club Drive Home Renovations (Planning)

7. COPS Grant (Police)

8. Award of Annual Sidewalk, Curb and Gutter Rehabilitation Project (Public Works)

9. Storm Drain System Emergency Repairs and Improvements (Public Works)

10. CIP 2016 VOC CSG Amendment No. 1 for S. Milpitas Blvd Road Extension Design (Public Works / Engineering)

11. 355 Sango Court Initial Acceptance (Public Works / Engineering)

12. SIA for 1752 Houret Court (City Ventures) (Public Works / Engineering)

13. Street Vacation for 1752 Houret Court (City Ventures) (Public Works / Engineering)

14. Offsite Agreement for 540 S. Abel Street (Public Works / Engineering)

PUBLIC HEARINGS

15. Community Development Block Grant (Housing)

16. Adoption of Storm Fee Connection Charges (Public Works)

17. Storm Fee Nexus Study Adoption (Public Works)

LEADERSHIP AND SUPPORT SERVICES

18. Cannabis Ordinance (City Attorney)

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS

OPEN ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Consideration of the 20% Low Income Below
Market Rate Housing Montano 12/5/2023
This item will be reviewed for potential
prioritization at the next report.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
2 Bring back Bingo and the Tour at the Senior
Center Chua 11/7/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
3 Referral for utility infrastructure cost on Main Street from Carlo to Corning Streets Montano 10/17/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
4 Graywater Rebates Program Montano 10/17/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
5 Consider a possible ordinance or policy regarding
solicitations at home Barbadillo 10/3/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
6 Discussion of what the City Council can do
regarding shoplifting Barbadillo 10/3/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
7 Main Street International Festival Lien 10/3/2023
Approved to move forward as part of the
November 14, 2023 Council prioritization.
8 Bring back Capital Projects that haven’t yet been
named for the Council to review and as an
overview of CIP Projects in the works Phan 9/19/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
9 Have the Police Chief direct staff to complete an
analysis in partnership with the County to
determine if it would be beneficial to have a
location where residents can pickup Narcan
Chua 9/5/2023
This item was included in the November 14,
2023 council prioritization list as an item that
is underway as it is less than 4 hours work.
10 Explore taking steps towards becoming a Charter
City Phan 9/5/2023
Approved to move forward as part of the
November 14, 2023 Council prioritization.
11 Look into what would be needed to convert the
unused Teen Center space at the Sports Center to
an indoor pickleball court.

Chua 8/8/2023
An update was included in the November
14th Council prioritization reprt.
12 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 An update was included in the November
14th Council prioritization reprt.
13 Satellite Consulate Office Montano 2/28/2023
An update was included in the November
14th Council prioritization reprt.
14 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
An update was included in the November
14th Council prioritization reprt.
15 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
An update was included in the November
14th Council prioritization reprt.
16 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
An update was included in the November
14th Council prioritization reprt.
17 City Manager look into implementing a workshop
for small businesses on the bidding process for
projects in the city
Chua 8/9/2022
An update was included in the November
14th Council prioritization reprt.

NOTE: Deferred and Completed Items are not listed

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
18 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
An update was included in the November
14th Council prioritization reprt.
19 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
An update was included in the November
14th Council prioritization reprt.
20 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas
Chua 4/5/2022
An update was included in the November
14th Council prioritization reprt.
21 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 An update was included in the November
14th Council prioritization reprt.
22 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
An update was included in the November
14th Council prioritization reprt.
23 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
An update was included in the November
14th Council prioritization reprt.
24 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
An update was included in the November
14th Council prioritization reprt.
25 Staff to create a plan on how to increase the
number of local businesses doing business with
the City Chua 4/6/2021
An update was included in the November
14th Council prioritization reprt.
26 Consider Community Museum and Park on Main
St. Phan 8/20/2019
to Rules Subcommittee 8/23/2019. Moved
to Specific Plan Community Conversation
events.

ACTIVE ITEMS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

NOTE: Deferred and Completed Items are not listed

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider Recommendations from Mayor Montano for Appointments to City Commissions, and Accept Commissioner Resignation (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/23/2024
Recommendation: Receive Mayor Montano's recommendations and confirm appointments to City Commissions; Accept the resignation of Melba Holliday from the Senior Advisory Commission; and direct the City Clerk to post the notice of unscheduled vacancy.

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas. Commissioner appointments and removals are governed by various sections of the California Government Code, Milpitas Municipal Code, and the adopted Milpitas Commissioner Handbook and By-Laws.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are then presented to the Mayor for consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor, subject to City Council approval, assumes the responsibility for appointments to boards, commissions, and committees unless otherwise specifically provided for by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

In accordance with the City of Milpitas Commission By-Laws, any member or alternate member of a Commission who is no longer available to serve must submit a resignation in writing by sending a written communication to the Mayor and the City Clerk, per adopted City Council Resolution No. 7702. The written resignation must then be accepted and confirmed by City Council via action on the consent calendar at a regularly scheduled City Council meeting.

Analysis:

Appointments and removals are as follows:

Community Advisory Commission:

1. Appoint Albert Wu to a full voting seat with a term ending January 2027 Planning Commission:

1. Appoint Chia Ling Kong to a full voting seat with a term ending December 2026 Senior Advisory Commission

1. Reappoint Ha Phan to a full voting seat with a term ending December 2026

2. Reappoint Deborah Langley to a full voting seat with a term ending December 2026

3. Appoint Mary Llamas to a full voting seat with a term ending December 2026 Youth Advisory Commission:

1. Appoint Vienna Sun to a full voting seat with an unexpired term ending September 2025

2. Appoint Ayanna Medina Ashby to a full voting seat with an unexpired term ending September 2025 Commissioner Melba Holliday resigned from the Senior Advisory Commission effective December 31, 2023.

The City Clerk's office has reviewed and confirmed all recommended Commissioner appointments.

According to the Commissioner Handbook, commissioners are limited to serving on only one City of Milpitas Commission. The recent appointment of Vienna Sun to the Youth Advisory Commission has created a vacancy on the Public Safety and Emergency Preparedness Commission for a student member.

By state law, the City Clerk is obligated to post a Notice of an Unscheduled Vacancy to announce the availability of vacant Commission seats. Final appointments cannot be made to a board, commission, or committee until the Notice of Unscheduled Vacancy has been posted in the Clerk’s office for at least ten working days. The notice of the unscheduled vacancies on the Senior Advisory and Public Safety and Emergency Preparedness Commissions will be posted Wednesday, January 24, 2024.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:

Receive Mayor Montano's recommendations and confirm appointments to City Commissions; Accept the resignation of Melba Holliday from the Senior Advisory Commission; and direct the City Clerk to post the notice of unscheduled vacancy.

Attachments:
(a) Commission Applications
(b) Resignation Letter from Senior Advisory Commissioner Melba Holliday

From: Deborah
To: Christine Pham
Subject: Re: Senior Advisory Commission
Date: Tuesday, November 28, 2023 12:11:54 AM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Hi Christine
So sorry for the delay
I've been sick and haven't checked email
Yes, I most definitely want to be reappointed
Thank you so much

Sincerely,
Deborah Langley

Sent from my iPhone
On Nov 27, 2023, at 4:23 PM, Christine Pham <[email protected]> wrote:

Good afternoon Deborah,

I wanted to check in regarding my previous email about your term ending in December for the Senior Advisory Commission. Please get back to me if you are interested in being considered for reappointment.

Thanks,
Christine

From: Christine Pham
Sent: Monday, November 6, 2023 11:34 AM
To: Deborah R. Langley
Subject: Senior Advisory Commission

Hi Deborah,

Your term on the Senior Advisory Commission is ending in December of this year.

Please contact us by November 27th if you would like to be considered for reappointment.

Thanks,
Christine Pham

<image001.jpg>
Office Assistant II
Phone ( 408)586-3004
Email [email protected]
455 E. Calaveras Blvd., Milpitas CA 95035
www.milpitas.gov
<image002.png>

<image003.png>

<image004.png>

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Friday, November 3, 2023 9:36:38 AM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Youth Advisory Commission
First Name Ayanna
Last Name Medina-Ashby
Address Type Field not completed.

Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
Field not completed.

Other Phone Field not completed.

Business Address
(Optional)
Field not completed.

City Field not completed.

State Field not completed.

Zip Code Field not completed.

Occupation Field not completed.

Education: If Youth Milpitas High School- 11th grade

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
Field not completed.

Major Subject Field not completed.

Degree Field not completed.

List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Field not completed.

Member Field not completed.

Name of Organization Field not completed.

Member Field not completed.

Name of Organization Field not completed.

Member Field not completed.

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

I've played soccer more than half my life, since I was 5 years old.

I've worked extremely hard to play at a competitive level, I started with PAL and worked my way up to MYSL, three years MHS Varsity, and Delta Force. I know the importance of working as a team, I know the importance of leadership. I would like to get involved more with my community. I moved to Milpitas 1 week before my 1st birthday, this is the city I call home.

Upload a File Field not completed.

Date 11/3/2023
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future vacancy. I hereby certify that all statements contained in this application are true.

Ayanna Medina-Ashby

Name
Email not displaying correctly? View it in your browser.

From: [email protected]
To: City Clerk
Subject: Online Form Submittal: Commission Applications Date: Monday, January 1, 2024 8:35:56 PM
CAUTION: EXTERNAL SENDER
This email originated from outside the organization. Do NOT click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious messages to the IT Helpdesk.

Commission Applications
Commission /
Committee Applying
for:

Community Advisory Commission
First Name Albert
Last Name Wu
Address Type Residence
Address
City Milpitas
State CA
Zip Code 95035
Phone Number
Email Address
Present Employer
Summerall Law
Other Phone
Business Address
(Optional)
Field not completed.

City Field not completed.

State Field not completed.

Zip Code Field not completed.

Occupation Attorney
Education: If Youth Field not completed.

Advisory Commission
applicant, indicate your
grade / school:

College, Professional,
Vocational, or other
schools attended
U.C. Berkeley, Harvard Law School
Major Subject Business, History, Law
Degree B.S., B.A., J.D.

List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Asian American Bar Association
Member Field not completed.

Name of Organization Field not completed.

Member Field not completed.

Name of Organization Field not completed.

Member Field not completed.

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Field not completed.

Officer Field not completed.

Briefly describe the
personal qualifications
you possess which you
believe would be an
asset (additional
information may be
attached):

Hello, my name is Albert Wu, a local attorney looking to get involved in our city's government. I believe the Community Advisory Commission is a good place for me to start as it has wide-ranging considerations regarding bettering the community, such as with clean-up efforts and making sure the city is one that we can all be proud of. I am open to joining other committees if there are openings as well, whether as an alternate or as a full commission member. Please feel free to reach out to me if you need any additional information or if there are any other commissions that may be in need of members. Thank you!
Upload a File Field not completed.

Date 1/1/2024
By submitting this form, I confirm I have sufficient time to devote to this responsibility and will attend the required meetings if I am appointed to fill a future

vacancy. I hereby certify that all statements contained in this application are true.

Name Albert Wu
Email not displaying correctly? View it in your browser.

PLANNING COMMISSION APPLICATION

SUPPLEMENTAL QUESTIONNAIRE
(Please type or print responses below or use a separate sheet of paper).

1. Why are you interested in serving on the Planning Commission?

2. What do you think are important skills or attributes for a Planning Commissioner, and why?

3. How will your personal or work experience contribute to your role as a Planning Commissioner?

4. From your viewpoint, what are the most pressing land use or development issues in Milpitas?

5. How would you typically prepare for a Planning Commission meeting?

6. What do you see as the different roles of City staff, the Planning Commission, and City Council?

I am blessed to call Milpitas home for over 16 years and aspire to contribute my service on the planning commission, aiming to foster Milpitas as a safe, vibrant, and inclusive city for a diverse community of residents, businesses, and visitors. My commitment involves preserving our unique heritage and identity while embracing innovative and progressive plans, ensuring adaptability for both present and future generations of Milpitians.

1. Analytical and Independent Thinking: Proficient in objectively assessing reports, delivering data-driven and constructive feedback in alignment with the general plan and municipal code.

2. Community-Centric Mindset: Adept at recognizing and prioritizing community interests over personal opinions or emotions. Ensures that recommendations are geared towards benefiting the city and its residents.

3. Collaborative and Respectful Engagement: Demonstrates ethical conduct and behavior while engaging with commission members, city staff, council, and the community.

Drawing upon my 27 years of engineering experience, I am adept at problem-solving within cross-functional teams.

I will utilize this background to facilitate focused discussions and establish clear goals and directions. Furthermore, my personal involvement in community service and advocacy equips me to integrate public engagement into the general, neighborhood, and specific plans. I am committed to thoughtfully considering and addressing public inputs to enhance the inclusivity and effectiveness of city plan initiatives.

In my perspective, the paramount concern revolves around meeting the ABAG RHNA mandate, necessitating the addition of 6,713 housing units within an 8-year timeframe. This must be approached with meticulous attention to affordability, livability, and sustainability. Striking a careful balance in development and land use is crucial, considering the impact on our infrastructures and existing neighborhoods while preserving our open spaces.

Collaboration with other governing bodies, including the school district, water district, county services, Caltrans, state agencies and others, is imperative to address this multifaceted challenge.

Drawing from my previous experience serving on the Energy and Environmental Sustainability Commission, I would take a proactive approach to meeting preparation - reading agendas and reports well in advance, coupled with research on relevant topics. This diligence would help me be prepared to contribute constructive opinions and recommendations during meetings. I would maintain an open mind, attentively considering inputs from various sources such as staff, project stakeholders, fellow commissioners, and members of the public, before forming a decision/opinion.

In my opinion, Planning Commission focuses on land use planning and advisory roles, city staff implements policies and manages day-to-day operations including preparing agenda and reports to bring forward to the Planning Commission and the City Council, while the City Council holds legislative authority and makes final decisions.

Collaboration among these entities is essential for effective and comprehensive local governance.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve Travel for City Manager Ned Thomas to Attend the City Managers Conference in Los Angeles, CA (Staff Contact: Ned Thomas, City Manager, 408-586-3053) Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/23/2024
Recommendation: Authorize and approve travel to Los Angeles, CA, for City Manager Ned Thomas to Attend the League of California Cities’ Annual 2024 City Managers Conference scheduled for February 7 – 9, 2024, for a total not-to-exceed amount of $3,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office.

BACKGROUND:

The League of California Cities holds its City Managers Conference each year in select California city. This popular conference is scheduled for February 2 - 4, 2022, and is designed for city managers and assistant city managers. This conference provides city officials with the essential information and updates needed to effectively run their cities. It affords the City Manager the rare opportunity to connect and openly exchange ideas with other city officials.

ANALYSIS:

The City of Milpitas Travel and Expense Policy requires approval of travel for elected officials and the City Manager by the City Council. Council approval of this request will allow City Manager Thomas to travel to Los Angeles, CA, to represent the City. Attendance at the conference will also offer the City Manager the opportunity to exchange ideas with city officials from other cities and to bring back information from other cities to share with his Executive Leadership Team. Continued participation and attendance in these conferences ensures that the Milpitas business community is fully represented at the local, regional, and state levels.

POLICY ALTERNATIVE(S):

Not applicable
FISCAL IMPACT:

The estimated expenses for the conference in Los Angeles, CA are $3,000 (registration, hotel, air and land transportation, and per diem). To date, the City Manager’s Office has allocation of $20,000 for Conferences/Trainings.as of January 19, 2024, there is $11,390 available budget.

California Environmental Quality Act (CEQA):

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

RECOMMENDATION:

Authorize and approve travel to Los Angeles, CA, for City Manager Ned Thomas to Attend the League of California Cities’ Annual 2024 City Managers Conference scheduled for February 7 – 9, 2024, for a total not-to- exceed amount of $3,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office.

Attachment(s):

Draft conference agenda for the 2024 City Managers Conference hosted by the League of California Cities

Schedule subject to change.

Wednesday, Feb. 7

10:00 a.m.-5:30 p.m.

Registration Open

11:00 a.m.-6:00 p.m.

Sponsor Tables Open

1:30-3:15 p.m.

Opening General Session
Karen Pinkos, President, City Managers Department, League of California Cities and City Manager, El Cerrito welcomes attendees to the 2024 City Managers Conference and introduces our opening keynote speaker.

Speaker: Karen Pinkos, President, City Managers Department, League of California Cities and City Manager, El Cerrito

3:15-3:45 p.m.

Coffee Chat: New City Managers
Are you new to the role of City Manager? Grab a coffee and join city managers from across the state for a great conversation with the City Manager Department Officers about leadership and growing within the role.

3:45-5:00 p.m.

Protecting the Profession
In our modern reality, with information at our fingertips and political polarization at a high, city managers are being targeted in personal and professional attacks by a disgruntled few. What can be done to prevent these attacks? When it's too late, what can be done about the transgression? Learn from city managers who have tackled these challenges directly.

Moderator: Fran Robustelli, City Manager, San Leandro
Speakers: John Donlevy, Retired City Manager, Retired
Ken Domer, City Manager, La Verne
Christa Johnson, Town Manager, Town of Ross

The Economic Adventure: City Managers Unleash Their Superpowers! These city managers have built reputations as superheroes and leading visionaries in the field of economic development. They will be assembling as a super-team to share their innovative strategies to grow and attract ATTACHMENT 1

businesses and leverage community assets to activate spaces in their cities.

Learn how they have built strategic partnerships, used data, and solved problems to address the needs of residents and businesses and lay the foundation for long-term financial sustainability in their communities.

Speakers: Mike Lee, City Manager, Moreno Valley
Lisa Kim, City Manager, Garden Grove
Ben Kim, City Manager, Rosemead

The Electric Future: Best Practices and Lessons Learned from Pioneer Cities Cities large and small are embracing new technology to electrify their infrastructure and deliver the services of tomorrow. Learn how South Pasadena will become the first city in the nation to fully electrify their police department’s fleet; how Rosemead was able to partner and deliver electric vehicle charging stations to their public library; and hear from a representative from the Port of Long Beach about their goal to become a zero-emissions seaport by 2030, and what it will mean to our state’s economy.

Discover what your city may do to attract infrastructure investment, and receive the best practices and lessons learned from pioneer cities in the electric future.

Moderator: Cody Tubbs, Director, Local Government Relations, Southern California Edison
Speakers: Arminé Chaparyan, City Manager, South Pasadena

5:00-6:00 p.m.

Networking Reception
Make new friends and catch up with old ones while enjoying delicious appetizers and tasty beverages during the evening networking reception. It’s the perfect opportunity to form support networks inside your profession.

Thursday, Feb. 8

8:00 a.m.-4:00 p.m.

Registration Open

8:00 a.m.-5:00 p.m.

Visit with Sponsors

8:00-9:00 a.m.

Networking Breakfast

9:00-10:15 a.m.

Members Only Session
Session details to be announced.

10:15-10:45 a.m.

Sponsor Break
Grab a coffee and visit with our event sponsors.

10:45 a.m.-noon
Organizational Culture and Ethics: Peanut Butter and Jelly or Oil and Water? We all know the saying that “culture eats strategy for lunch,” but a good culture doesn’t always guarantee highly ethical actions. The two should go together like PB&J, but that’s not always the case. In this session, hear ICMA’s new Director of Ethics and three well-respected city managers talk about the challenges they have faced with building a strong culture that also places a high value on ethics. In this interactive session, you will also be given the chance to share your successes and failures in dealing with this challenging leadership role.

Moderator: Jessica Cowles, Ethics Director, ICMA
Speakers: Fran Robustelli, City Manager, San Leandro
Graham Mitchell, City Manager, El Cajon

AI-Powered Cities: Empowering Municipalities through New Technology As communities continue to grow, the challenges faced by city officials become more complex. The resource at the forefront of the demand for innovation is artificial intelligence. AI leverages language models to interpret, generate and respond to human language. Now we must learn how to use AI and explore how it can be integrated into city governance, ultimately unleashing a new era of efficiency, transparency, and community empowerment.

Moderator: Jennifer Vaughn, Director, Tripepi Smith
Speakers: Geoff Spencer, Management Analyst - Communications, Yorba Linda
Sunil Rajaraman, Founder & CEO, Hamlet
Peter Pirnejad, City Manager, Town of Los Altos Hills

Crisis Management for Cities - Modern Problems for a Modern World In 2017, the League of California Cities' Annual Conference featured a panel on crisis management for cities. At the time, the emphasis was on external crises, such as earthquakes and fires. In the intervening years, we have seen an increased number of crises that arise internally, such as staff misconduct

accusations, city managers under fire, housing element requirements that enrage neighborhoods, and cyberattacks. The panel will focus on this newer type of crisis and how to deal with intense scrutiny of a city's internal operations, including public records requests, media inquiries, and city council concerns about staff performance.

Moderator: June Catalano, Consultant, Renne Public Management Group Speakers: David White, City Manager, Santa Monica
Kelly McAdoo, City Manager, Hayward

noon-1:15 p.m.

Networking Lunch

1:30-2:45 p.m.

Assistant/Deputy City Manager Roundtable
Join in roundtable discussions with assistant and deputy city managers on the roles they serve in the organization. Seasoned ACM/DCMs will share their experiences in how to build a good working partnership with the city manager, and by extension the city council and organization, while those entering the role will have opportunity to ask questions on issues they are facing and learn about what support networks exist. Assistants/deputies will gain tips on evaluating if and when to take the next step to the chief role - or remain in, what some would call “the best job in the organization.” Speakers: Jessica Deakyne, Assistant City Manager, Novato Elisa Cox, Assistant City Manager, Rancho Cucamonga

Lions and Tigers and Landslides, Oh My! Crisis Management and Communication
We don’t get to choose when a crisis hits in our communities, but we do get to choose how to react. Crisis management is an imperative executive function, and failure to respond and communicate effectively in real time can have dire consequences for residents and the organization. This session will touch on recent situations experienced in the cities of Rolling Hills Estates and Rancho Palos Verdes that deal with catastrophic land movement, a high-profile incident featuring a prominent sports figure, and a fabricated story that created a panic on social media. Focusing on the importance of providing accurate and consistent information relevant to all parties, leveraging resources and agency partners, and utilizing risk management strategies to reduce risk in a crisis, this session is an excellent opportunity to gather valuable insights on some best practices and lessons learned from two cities that have been on the front lines of crisis management.

Moderator: Jon Barilone, Principal, Tripepi Smith
Speakers: Greg Grammer, City Manager, Rolling Hills Estates

Ara Mihranian, City Manager, Rancho Palos Verdes

Supporting Civility and Effective Resident Engagement
How can you host effective conversations on divisive topics and bring differing viewpoints together to encourage civilized discourse? Informed conversation makes resident feedback more effective, benefiting both resident and city by providing actionable and realistic information for the city to address or solve.

Establishing substantial resident engagement demands a commitment of both resources and time. However, the potential benefits are significant. Explore how to merge these worlds and engage with active community members, fostering effective civic engagement while identifying techniques to bridge relationship and political gaps.

Moderator: Ryder Todd Smith, President, Tripepi Smith
Speakers: Elizabeth Doll, Director of Braver Politics, Braver Angels Grace Leung, City Manager, Newport Beach

2:45-3:15 p.m.

Coffee Chat: Women Leading Government
Looking to connect with other women in government? Join Women Leading Government for coffee and great ideas in the afternoon coffee break of the 2024 Cal Cities Managers Conference. Not a WLG member? Come and talk with us about how WLG is committed to your professional success!

3:15-4:30 p.m.

Walking the Line: Addressing Complaints Against Elected Officials You just received the dreaded call, a city employee has complained about harassment by a councilmember and a workplace investigation is about to ensue. How do you handle an investigation when the person you are investigating has the authority to fire you and isn’t your employee? This session will delve into how to initiate an inquiry, legal considerations for moving forward with an investigation, and best practices for navigating these sensitive situations. Session attendees will gain first-hand insights into addressing complaints about elected officials’ alleged misconduct from the perspectives of a city manager, city attorney, and investigator. Join this session and gain the tools you may one day need to navigate an elected official investigation while not discrediting your city in the eyes of the public or your employees.

Moderator: Kelly Trainer Policky, Employment Practices Manager, California Joint Powers Insurance Authority
Speakers: Nelson A. Fialho, Executive Director, Renne Public Management Group
Eli Makus, Managing Partner, Van Dermyden Makus Law Corporation

Workforce Challenges You Can't Ignore
Explore workforce challenges that keep city managers up at night. The sessionwill feature a case study of a regional effort involving all the local governments in the Silicon Valley to address workforce trends. Sponsored by the City Manager Associations of Santa Clara and San Mateo Counties, the two-county Next Generation Committee has developed several programs to attract, retain, and develop talent. Some of these regional programs include the Management Talent Exchange Program, a summer internship program placing hundreds of university students in local government agencies, Management Fellowship Program, speed coaching events, a City Manager in Residence Program for Bay Area universities, and an annual Tomorrow’s Department Head Forum for professionals on the cusp of becoming department directors. The session will provide a new resource tool for city managers, a template for helping Executive Teams conduct a Readiness Assessment and Talent Development Discussion. Recently pilot tested by seven organizations, this template and a sample will be provided to all participants via online session materials.

Moderator: Frank Benest, Liaison for Next Generation Initiatives, ICMA Speakers Christina Turner, City Manager, Morgan Hill
Melissa Stevenson Diaz, City Manager, Redwood City

Ensuring the Pipeline is Primed: How We Can All Help Retain Diverse Candidates for Leadership Roles
When we talk about workforce planning, we often shift responsibility for developing the pipeline of city management leaders to those wishing to move up in the profession. City managers and those currently in leadership roles can help ensure a diverse selection of candidates, as their choices likely have an even larger impact in ensuring a strong candidate pool for future city leaders. Join our discussion on how we can all ensure the pipeline is primed.

Moderator: Jessica Deakyne, Assistant City Manager, Novato Speakers Cathy Capriola, Vice President, MRG
John Gillison, City Manager, Rancho Cucamonga
Maraskeshia Smith, City Manager, Santa Rosa

Friday, Feb. 9

8:00-11:00 a.m.

Registration Open

8:00-9:00 a.m.

Networking Breakfast

9:00-10:30 a.m.

How to Survive Your Annual Performance Evaluation
Learn best practices for a productive performance evaluation that meets your needs and contributes to the council/manager partnership. Hear about your colleagues' experiences with their evaluations. Discuss how to use the performance evaluation process to get council agreement on goals. Learn about ways you can reduce the stress of the evaluation for both you and your council. A productive process can help you avoid unpleasant surprises, course correct, and reinforce what is going well. It can be a way to convey issues that are impeding staff, set boundaries, and rein in unproductive behaviors. The session will be interactive, with opportunities for sharing among city managers about their experiences with evaluations and will provide practical tools that you can use.

Moderator: Dan Keen, Consultant, Daniel Keen Consulting Speakers Harry Black, City Manager, Stockton
Linda Smith D'Ambrosio, City Manager, Dublin
Jan Perkins, Vice President/Retired City Manager, Raftelis

10:45 a.m.-noon
Closing General Session: Who are we? A Profile of the Profession Who are city managers? CCMF partnered with the Rose Institute of State and Local Government at Claremont McKenna College to survey all city managers throughout the state and compiled a report demonstrating demographics and trends. Hear from the survey organizers about what they learned, and what today’s city managers can do to ensure the success of the next generation of leaders.

Moderator: Ken Striplin, President, CCMF
Speakers Karen Pinkos, President, City Managers Department, League of California Cities and City Manager, El Cerrito
Bipasa Nadon, Assistant Director, Rose Institute of State and Local Government

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute Master Professional Service Agreements with Environmental Consultants for On-Call Environmental Services (Staff Contact: Jay Lee, Planning Director, 408-586-3077; and Michael Fossati, Senior Planner, 408-586-3274)
Category: Consent Calendar-Community Development
Meeting Date: 1/23/2024
Recommendation: Approve and authorize the City Manager to execute Master Professional Service Agreements with LSA Associates, Inc; Michael Baker International; Impact Sciences, Inc; First Carbon Solutions; Moore, Iacofano and Goltsman (MIG), Inc; and Ascent Environmental, Inc for up to $1,000,000 each for on-call environmental services.

BACKGROUND:

The Planning Department has historically contracted with various consultants to provide environmental consulting services on an on-call basis. In 2019, the City executed master service agreements with multiple firms for on-call environmental services over the next five-year period. The previous master agreements expired in May 2023. The Planning Department continued receiving services from one of the consulting firms under a six-month contract extension, as allowed within the master agreement. The six-month contract extension allowed the City to support the 1355 California Circle project that went to the City Council in November 2023.

ANALYSIS:

In August 2023, the Planning Department issued a Request for Qualifications (RFQ) to select on-call environmental consultants to provide environmental consulting services for the City's private development and City-initiated projects. The on-call environmental consultants will be responsible for the preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports (EIRs), technical studies, and other documentation for proposed projects as required under the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA).

Hiring environmental consultants on a contractual basis is cost-effective because these services are only needed on a limited basis to draft significant environmental documents including Environmental Impact Reports (EIR) and Mitigated Negative Declarations (MND) for complex development projects such as the proposed multi-family residential development at 1355 California Circle approved by City Council in late 2023. Additionally, CEQA consulting firms bring specialized expertise and experience in navigating the complexities of environmental regulations and compliance and offer the wide range of technical experts needed to prepare environmental documents in a timely manner, which is critical for the success of development projects.

After the Planning Department reviewed and ranked the consultants, the Department has selected six firms to provide consulting services. The consultants have demonstrated they are the most qualified, responsive, and advantageous to the City. The firms chosen are as follows:
•LSA Associates, Inc.
•Michael Baker International
•Impact Sciences, Inc
•First Carbon Solutions
•Moore, Iacofano and Goltsman (MIG), Inc
•Ascent Environmental, Inc

2 The Master Service Agreements each have a term of five years and maximum budgetary allocation of $1,000,000 per consulting firm. The City will enter into Master Professional Service Agreements with each of the six firms.

These agreements have been included in this agenda report as an attachment.

The cost to prepare CEQA and NEPA documents for specific projects will remain the responsibility of the applicant, developer, property owner, or other authorized representative on behalf of the project sponsor, who will pay the City for any costs incurred under these master services agreements for work done for any given project. The City will not incur any costs under these agreements except for costs associated with City capital improvement projects.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve and authorize the City Manager to execute a Master Professional Service Agreement with identified consulting firms and request proposals for environmental services on a project-by-project basis.

Pros: None.

Cons: Without on-call environmental consultants, the City would have no immediate access to environmental expertise. Therefore, the City would have to prepare and issue a Request for Proposal (RFP) for every environmental document required for each development project under CEQA, resulting in significant additional staff time and cost to the City. Furthermore, this inefficiency in facilitating the environmental review process would result in inefficiencies in the development review process and disincentivize new development.

Reason for Not Recommending: This approach is not recommended because it would create inefficiencies and require additional staff time and cost to prepare a Request for Proposal (RFP), select a firm, and prepare and execute a project-specific professional services agreement. Furthermore, this process could become problematic because development applications are subject to State-mandated processing deadlines, and the time to prepare and execute a professional services agreement for each project would jeopardize the City’s ability to comply with those deadlines. Finally, this alternative is not recommended because the City would not have immediate access to alternate firms should the availability or resources of the selected firm change.

Instead, the City would have to prepare and release another RFP and undertake the selection process again, using additional staff time and incurring additional costs.

FISCAL IMPACT:

Payment for all CEQA services will be the responsibility of the applicant, developer, property owner, or other authorized representative on behalf of the project sponsor. Money is collected from the developer prior to contract issuance with the designated CEQA consultant. Payment for services related to a City-initiated capital improvement projects will be the responsibility of the City.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

Approving and authorizing the City Manager to execute Master Professional Services Agreements with the selected consulting firms in not a “project” as defined in Section 15378 of the CEQA Guidelines and, therefore, no environmental review is required.

RECOMMENDATION:

Approve and authorize the City Manager to execute Master Professional Service Agreements with LSA Associates, Inc; Michael Baker International; Impact Sciences, Inc; First Carbon Solutions; Moore, Iacofano

3 and Goltsman (MIG), Inc; and Ascent Environmental, Inc for up to $1,000,000 each for on-call environmental services.

ATTACHMENT(S):
(a) Master Professional Services Agreements for On-Call Environmental Consultant Services (LSA) (b) Master Professional Services Agreements for On-Call Environmental Consultant Services (Michael Baker) (c) Master Professional Services Agreements for On-Call Environmental Consultant Services (Impact Sciences)
(d) Master Professional Services Agreements for On-Call Environmental Consultant Services (First Carbon) (e) Master Professional Services Agreements for On-Call Environmental Consultant Services (MIG) (f) Master Professional Services Agreements for On-Call Environmental Consultant Services (Ascent)

1 38077.00180\29167975.12

MASTER SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND LSA ASSOCIATES INC

This Agreement is made and entered into as of (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and LSA Associates, Inc. a California corporation with its principal place of business at 3210 El Camino Real, Suite 100, Irvine, CA 92602 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS

A. City is a public agency of the State of California and is in need of professional services for the following project:

On-Call Environmental Services
(hereinafter referred to as “the Project”).

B. Contractor submitted its qualifications to City to provide On-Call Environmental Services on an as-needed basis and is one of several Consultants selected by City to provide services. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A.

2. Compensation.

a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the rates set forth in the Schedule of Charges set forth in Exhibit B.

b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Million Dollars and Zero Cents ($1,000,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time

2 38077.00180\29167975.12
schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Term.

The term of this Agreement shall be from the Date first written above to December 15, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

6. Delays in Performance.

a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.

b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.

a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care

Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant

Consultant shall not assign, sublet, transfer, or subcontract this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

3 38077.00180\29167975.12

10. Independent Consultant

Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.

a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, lo ss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, e mployees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other relat ed costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify , and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.

a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged fa ilure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all

4 38077.00180\29167975.12
subconsultants performing such services must be registered with the Department of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

16. Termination or Abandonment

a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned.

City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

c. The Consultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-

5 38077.00180\29167975.12
appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.

17. Documents. Except as otherwise provided in “Termination or Aband onment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization

Consultant shall assign Theresa Wallace as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jay Lee, Planning and Neighborhood Services
Director
CONSULTANT:

LSA Associates, Inc.
157 Park Place
Point Richmond, CA 94801
Attn: Theresa Wallace, Principal

and shall be effective upon receipt thereof.

21. Third Party Rights

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment o r recruitment advertising, layoff or termination.

23. Entire Agreement

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party

6 38077.00180\29167975.12
acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence

Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants

City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests

Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, durin g the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Wage Theft Prevention

a. Consultant, and any subconsultant 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.

b. BY SIGNING THIS AGREEMENT, CONSULTANT 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

7 38077.00180\29167975.12

EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS

THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FUL LY

SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE

PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT

CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

c. 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 Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than 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. Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying t he 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 Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.

d. 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, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immedia te termination of this Agreement and/or any other remedies available under this Agreement and/or law.

f. 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.

[SIGNATURES ON FOLLOWING PAGE]

8 38077.00180\29167975.12

SIGNATURE PAGE FOR MASTER SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND LSA ASSOCIATES INC

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Ned Thomas, City Manager

Date

Approved As To Form:

Michael Mutalipassi, City Attorney

Approved:

Lauren Lai, CPA, MPA
Finance Director/Risk Manager

Approved As To Content:

Jay Lee, Planning and Neighborhood Services
Director

LSA ASSOCIATES INC

Signature

Anthony Petros

CEO
Title

Date

Signature

Justin Cary

CFO
Title

Date

9 38077.00180\29167975.12

EXHIBIT A

Scope of Services

In accordance with the California Environmental Quality Act (CEQA), the City of Milpitas has adopted the CEQA Guidelines as its procedures for the review of development projects and other activities to ensure that the environment of the State is protected and enhanced. Pursuant to these procedures, the City anticipates that the preparation of environmental document(s) will be required for potential future projects.

The Contractor will provide a variety of professional services and prepare environmental documents (such as Environmental Impact Reports, Mitigated Negative Declarations, Negative Declarations, Initial Studies, and/or technical studies) in compliance with the requirements of CEQA as well as the National Environmental Policy Act (NEPA).

Typical environmental impacts which will need to be assessed include but are not limited to:

• Aesthetics
• Air Quality
• Climate Change/Global Warming
• Geology and Soils
• Hydrology and Water Quality
• Mineral Resources
• Population and Housing
• Recreation
• Utilities and Service Systems
• Agricultural Resources
• Biological Resources
• Cultural Resources
• Hazards and Hazardous Materials
• Land Use and Planning
• Noise
• Public Services
• Transportation/Traffic
• Cumulative Impacts

The Contractor will provide the following:

A. Assist City staff in managing the environmental processing for private development projects and City initiated projects, including preparation of environmental documents, attendance at public meetings, regular interface with City of Milpitas staff and other City consultants, and attendance at regularly scheduled coordination meetings as necessary when work is in progress.

B. Communicate and coordinate with specialized environmental consultants and City staff and other City consultants as necessary.

C. Provide a full range of environmental consulting services capable of meeting the needs of any given private development or City initiated project.

D. Provide the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget.

10 38077.00180\29167975.12
E. Sub-consultants may be utilized for various technical reports. The City reserves the right to require the use of approved sub-consultants, particularly with respect to traffic/transportation reports, and not permit the use of sub-consultants that have not been approved; and
F. Provide CEQA training presentation to the Milpitas City Council and the Planning Commission once during the contract period, at no cost to the City of Milpitas.

11 38077.00180\29167975.12

EXHIBIT B

Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out - of-scope work being performed by Consultant. This is a time-and-materials Agreement.

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Million Dollars and Zero Cents ($1,000,000.00)

[Contractor Rate Sheets on Following Page]

1 | P a g e

IV.K Proposed Compensation

September 15, 2023
Michael Fossati, Senior Planner
City of Milpitas
Purchasing Division
455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

Subject: Proposed Compensation (Rate Sheet) to Provide On-Call Environmental Services (24-019)

Dear Mr. Fossati:

In accordance with the Request for Proposal (RFP) instructions for the Vendor Questionnaire, “IV.K Proposed Compensation” section, LSA has provided our rate schedule for the duration of the contract on the following pages. Our rate schedule includes everything necessary for the completion of all Services or otherwise fulfillment of the on -call agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities and all management, overhead expenses and profit required to complete the anticipated services.

On behalf of the LSA Team, we look forward to continuing our relationship with the City of Milpitas. Should you require further information or have any questions regarding our rate sheet, please do not hesitate to contact our proposed Project Manager, Matthew Wiswell, AICP, at 510-236-6810 or [email protected]. This Proposed Compensation section is signed by Anthony Petros, Chief Executive Officer, who is authorized to bind LSA to this contract.

Sincerely,
LSA Associates, Inc.

Anthony Petros Theresa Wallace, AICP
Chief Executive Officer (CEO) Principal

Attachment: Proposed Compensation (Standard Rates Sheet)

2 | P a g e

Upon receipt of a request for CEQA services, LSA will provide a cost estimate in the form of a spreadsheet that details tasks by assigned personnel (hours/rate). LSA’s standard billing rates by classification and LSA’s in-house billing rates by classification and in -house direct expenses are shown below in Tables A and B.

Key staff individual hourly rates are shown in Table C. As rates are reviewed annually, the rates shown below are subject to escalation.

Table A: LSA Hourly Billing Rates Effective June 2023
Job Classification
Hourly
Rate
Range1,2

Planning

Environmental

Transportation

Air/Noise
Cultural/
Paleontological
Resources

Biology

GIS
Principal Principal Principal Principal Principal Principal Principal $189–320 Associate Associate Associate Associate Associate Associate Associate $137–263 Senior
Planner
Senior
Environmental
Planner
Senior
Transportation
Planner/Engineer
Senior Air
Quality/Noise
Specialist
Senior Cultural
Resources Manager/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Senior GIS
Specialist
$121–210
Planner Environmental
Planner
Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Cultural Resources
Manager
Archaeologist/
Architectural
Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil
Scientist/
Herpetologist/
Arborist
GIS
Specialist
$89–173
Assistant
Planner
Assistant
Environmental
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Cultural Resources
Analyst
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Assistant
GIS
Specialist
$89–131
Field Services
Senior Field Crew/Field Crew $89–110
Office Services
Graphics $131–158
Marketing $121–205
Office Assistant $89–142
Project Assistant $110–142
Research Assistant/Intern $79
Word Processing/Technical Editing $110–137

1. The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications.

2. Hourly rates are subject to review at least annually and may be adjusted to reflect changing labor costs at LSA’s discretion at that time.

3 | P a g e

Table B: LSA In-House Direct Costs Effective June 20231 Description Unit Cost Description Unit Cost
Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3.75 per sq. ft. Boat Rental $125.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day GPS Unit $75.00 per day
1 Direct costs shall be reimbursed at cost plus 10 percent.

LSA has in-depth experience in conducting successful monthly project accountability over a long -term planning effort. LSA uses Deltek VantagePoint accounting software for both its project management and accounting functions. Deltek VantagePoint is a fully integrat ed project management and accounting software developed for the architecture, planning, and engineering industry that is auditable, secure, and provides our project managers with real -time access to data and the ability to track hours and costs according to client specifications.

Table C: Key Staff Individual Hourly Rates
LSA Key Personnel Name & Title / Role Individual Hourly Rate Theresa Wallace, AICP, Principal
Role: Principal In Charge

$295
Matthew Wiswell, AICP, Senior Environmental Planner
Role: Project Manager

$160
Shanna Guiler, AICP, Associate Environmental Planner
Role: Potential Project Manager

$195
Ashley Honer, Environmental Planner
Role on Contract: Environmental Planning

$135
Lauren Peachey, Assistant Environmental Planner
Role on Contract: Environmental Planning

$110
John Kunna, Associate Biologist
Role on Contract: Biological Resources

$180
Ivan Strudwick, RPA, Associate Archaeologist
Role on Contract: Cultural Resources

$195

4 | P a g e

Table C: Key Staff Individual Hourly Rates
LSA Key Personnel Name & Title / Role Individual Hourly Rate Michael Hibma, Associate Architectural Historian/Historian Role on Contract: Historic Resources

$150
Sarah Rieboldt, Ph.D., Associate Paleontologist
Role on Contract: Paleontological Resources

$195
Cara Cunningham, Associate Environmental Planner
Role on Contract: Air Quality/Greenhouse Gas

$180
John T. (J.T.) Stephens, Principal Noise Specialist
Role on Contract: Noise

$240
Dean Arizabal, Principal Transportation Planner
Role on Contract: Transportation/Mobility

$250
Pam Reading, Principal Environmental Planner
Role on Contract: Water Quality/Hydrology and Agricultural Resources

$275
Greg Gallaugher, Associate GIS Unit Manager
Role on Contract: Geographic Information System (GIS)

$160

As rates are reviewed annually, the individual rates shown above are subject to escalation.

We have provided rate sheets for our proposed subconsultants below (should their services be needed) for this contract.

5 | P a g e

Subconsultant Rates – Baseline Environmental Consulting

6 | P a g e

Subconsultant Rates – Ninyo & Moore

7 | P a g e

8 | P a g e

Subconsultant Rates – Hexagon

12 38077.00180\29167975.12

EXHIBIT C

Activity Schedule

[RESERVED]

13 38077.00180\29167975.12

EXHIBIT D

INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Contractor or Consultan t shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or Consultant shall furnish City with copies of origin al endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

14 38077.00180\29167975.12
_X Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

_X Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

(If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than per occurrence or claim, aggregate

Workers’ Compensation Insurance:

_X Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

15 38077.00180\29167975.12
Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infrin gement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

Bid Bond
Performance Bond
Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

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

_X Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy.

For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

16 38077.00180\29167975.12
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.

Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

_X Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.

_X Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self -insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials,

17 38077.00180\29167975.12
officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

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

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

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

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, in cluding the indemnity and insurance requirements, with any sub-subcontractor to the extent they apply to the scope

18 38077.00180\29167975.12
of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances

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

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

19 38077.00180\29167975.12
Exhibit E

[Consultant Execution Plan on Following Page]

1 | Page

IV.I Execution Plan
Executive Summary and Understanding of Anticipated City Project Needs LSA understands that the City of Milpitas Planning Department (City) is seeking consultants to provide on- call environmental consulting services for City-initiated and private projects for a 5-year period and that as a consulting team, we may be asked to provide a variety of professional services and prepare environmental documents, such as Environmental Impact Reports (EIRs), Mitigated Negative Declarations (MNDs), Negative Declarations (NDs), Initial Studies (ISs), Categorical Exemptions (CEs), and/or technical studies in compliance with the requirements of the California Environmental Policy Act (CEQA) as well as the National Environmental Policy Act (NEPA). We also understand that t ypical environmental impacts which will need to be assessed may include but are not limited to: a esthetics; air quality and climate change/global warming; geology and soils; hydrology and w ater quality; mineral resources; population and housing; recreation; utilities and service systems; agricultural resources; biological resources; cultural resources; hazards and h azardous materials; land use and p lanning; noise; public services; transportation/traffic; and cumulative impacts. LSA has been providing multidisciplinary consulting services since our firm’s founding in 1976, and for over 47 years we have provided environmental services to hundreds of public - and-private-sector clients throughout California. LSA has successfully completed numerous environmental review documents under contract to lead agencies for residential projects, infill projects, mixed use projects, transit -oriented development projects, a nd public works - related projects. Environmental planning has been the cornerstone of our professional practice, and we are thoroughly knowledgeable about the processes, procedures, and technical requirements of CEQA.

We have established a well-qualified team of technical experts that can address the anticipated services as outlined in the City’s Request for Proposal (RFP) that may be required for projects or task orders as they arise over the contract period.

LSA’s Typical Workplan Approach to Providing On-Call Services We understand that an on-call assignment requires an “on-call” obligation. Building upon LSA’s prior and current experience with on-call contracts, the LSA team for this contract will act quickly; be responsive, knowledgeable, and ready for a myriad of possible requests that may need to be addressed concurrently; and be solution-oriented in order to help City staff accomplish project goals. LSA is equipped with the size and depth of staff and experience to promptly respond to any requests for services from the City, including multiple requests at one time due to our familiarity with the City’s environmental review processes.

LSA has a great deal of experience in undertaking the review and analysis of projects for which the environmental analysis may be tiering off a program EIR and/or preparing CEQA analysis documents of all kinds. LSA staff members embody the qualities a consultant must have to successfully undertake planning, environmental review assignments, and technical studies on an on-call basis, including:

2 | Page

1. An ability to quickly gain an understanding of the local environment (both physical and political);

2. A strong anticipatory project management style that
facilitates informed decision-making about key issues
and the level of effort needed to address them;

3. An ability to work effectively and efficiently with City staff, project proponents, and the public;

4. A strong commitment to identifying and closely
adhering to realistic schedules, work scopes, and
budgets; and

5. A willingness to be flexible and responsive to the
demands and needs of a particular project.

We are committed to implementing these characteristics of LSA’s approach for every project we undertake. We often hear from our clients that these are the aspects of our approach that they appreciate most and that set us apart from other environmental and planning consultants.

Once we are tasked with reviewing a project and/or conducting environmental review for a particular project, we will initiate the effort by g athering as much initial information as we can about the project from City staff, the project application, a site visit, and the project applicant and its architect or engineer.

We will then prepare a detailed scope of work, a schedule, and a budget for th e appropriate CEQA document which will be determined in consultation with City staff. The typical timeline for preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) may be approximately 4 to 6 months , and preparation of an EIR may be approximately 8 to 12 months depending on the project circumstances and the complexity of the required review.

Our work programs and products are designed to achieve the following key objectives:
 Maximize the use of environmental data that have already been assembled for the project site – we will not reinvent the wheel at the City or applicant’s expense.  Make the CEQA document as accessible and relevant as possible through thoughtful and concise writing and the use of data-rich graphics.
 Complete an environmental review process that provides informative outreach to the community and agencies throughout the environmental review process.  Complete a CEQA document that provides clear and concise information and level of analysis, is legally sound, and provides the public, agencies, and the City’s decision-makers with a complete understanding of the potential environmental consequences of the project.

We have a proven ability to identify issues early in the process and work diligently with the project team to develop effective solutions. The technical experts on our team will conduct their analysis to meet the standards and methodologies of the City; they also understand that there may be multiple approaches to address issues and meet standards. LSA project man agers have a proven ability to discuss multiple approaches and objectives with the City, legal staff, and applicant (as necessary) and come to an agreement on the approach that best meets the City’s needs for complying with State law and the requirements of the decision-makers. LSA’s depth of staffing resources and established relationships with potential subconsultants beyond this core project team will enable LSA to respond to any number of task

3 | Page

orders that may be requested over the duration of the contra ct. Our proposed Principal in Charge, Theresa Wallace, AICP, and our proposed Project Manager, Matthew Wiswell , AICP, understand the need to assign the most appropriate staff for each specific task order and will delegate responsibilities as appropriate to best serve the interests of the City.

LSA’s Approach to Providing On -Call Environmental Services to the City of Milpitas
Our approach to providing environmental consulting services involves understanding the City’s issues of concern and the specific assignment, applying years of CEQA experience to assembling an efficient team focused on the critical issues, and managing the project to the City’s satisfaction, with close attention to producing a quality product within the agreed-upon schedule and budget.

Our primary objective is to complete a CEQA document that provides clear and concise information and level of analysis, is legally sound, and provides the public, agencies, and the City’s decision-makers with a complete understanding of the potential environmental consequences of the project.

The City of Milpitas seeks to prequalify consultants who can provide environmental services on an on-call basis. LSA would like to be considered for the following services:
• Assisting City staff in managing the environmental processing for private development projects and City-initiated projects;
• Preparation of environmental documents, including CEs, Addendums, ISs, NDs, MNDs, and EIRs; • Preparation of environmental technical studies, including air quality /greenhouse gas emissions analyses; noise analyses; biological surveys and permitting; and cultural resources studies; • Communicating and coordinating with specialized environmental consultants and City staff and other City consultants as necessary and providing CEQA training presentations to the Milpitas City Council and the Planning Commission once during the contract period; and • Participation at public hearings and assistance with public outreach associated with the environmental review process.

We understand that the City may execute five on-call agreements for a 5-year period, and as projects are received that require environmental review and technical services, the City will request a scope and cost proposal from firm(s) on the list. Potential projects are expected to include a wide variety of private or City-initiated development projects, and LSA has provided the City with services for similar projects over the course of our last few on-call contracts with the City.

We have outlined a detailed sample workplan based off of similar contracts below.

LSA will prepare a scope of work and cost estimate for consideration. L SA will evaluate each specific project to meet the requirements of CEQA, as needed. Our team of experts will work with City staff to determine the appropriate environmental clearance document and/or supporting studies required for each individual project. LSA has extensive experience preparing CEs, IS/MNDs, and EIRs for a variety of projects, including all potential land use projects from mixed -use developments and housing developments to City infrastructure, parks, schools, roads, and trails projects.

LSA will manage the environmental review effort and maintain close contact with City staff throughout the environmental review process. LSA will be responsible for preparing and distributing the CEQA

4 | Page

document, evaluating public and agency CEQA related comments received, preparing responses to comments on the CEQA document, and attending and presenting information at public hearings related to the environmental review process.

For projects qualifying for a CE, LSA will document the determination for the exempt status in a Notice of Exemption, accompanied by a supporting memorandum. The supporting memorandum will describe how the proposed project meets the conditions for the specific class of exempt projects identified in the State CEQA Guidelines, Sections 15301–15332, and include a discussion of why the individual exceptions (e.g., issues related to location, cumulative impacts, significant environmental effects, scenic highways, hazardous waste sites, or historical resources) do not apply.

For other projects, an Initial Study will be prepared in accordance with CEQA and the State CEQA Guidelines and will utilize the City’s Checklist Form (based on Appendix G of the State CEQA Guidelines ).

The document will include the detailed project description developed as part of the project initiation task and summarized responses to each of the checklist questions. LSA will conduct an analysis of the project’s impacts in the following topical areas:
 Aesthetics  Land use and planning
 Agriculture and forestry resources  Mineral resources  Air quality  Noise
 Biological resources  Population and housing
 Cultural resources  Public services
 Energy  Parks and recreation
 Geology and soils  Transportation
 Greenhouse gas emissions  Tribal resources
 Hazards and hazardous materials  Utilities and service systems  Hydrology and water quality  Wildfire

LSA will typically prepare three drafts of the I S, including an Administrative Draft, a Screencheck Draft, and a Public Review Draft. Upon completion of the Administrative Draft, LSA will make a recommendation as to whether an MND or EIR should be prepared. Digital versions of all drafts (in Word and portable document format [PDF] files) will be submitted to the City for review and comment. LSA will also coordinate with the City to distribute the public review draft documents pursuant to CEQA and City review procedures. LSA will review any public and agency comments received during the public review period and prepare responses, as necessary. LSA will also prepare a Mitigation Mo nitoring and Reporting Program (MMRP). The MMRP will list mitigation measures that are recommended in the environmental document and provide standards and timelines for monitoring these measures. LSA will also assist with all noticing to the State Clearinghouse. LSA produces legally sound CEQA documents that are written in a manner that makes them easy to read and understandable to a diverse audience including planners, designers, attorneys, decision-makers, members of the community, and local interest groups. We provide informative graphics to support the analysis and make the documents easier to read. We also strive to provide adequate background information to help interested individuals and community interest groups understand topics that do not always fall within the legal requirements of CEQA.

LSA is available to assist staff with the preparation of staff reports and presentations for public hearings and agendas and minutes for team meetings. We routinely assist staff with public noticing, findings/statements of overriding considerations, and presentations for public hearings. We are adept at responding to questions from decision-making bodies about complex projects and planning issues.

5 | Page

LSA’s Schedule and Cost Control Commitment
LSA is committed to providing high-quality services to its clients when it comes to all aspects of a project or task order , including scoping, budget, and scheduling; coordination with technical staff, clients, and subconsultants; preparing documents that meet the highest standar ds for analysis and regulatory compliance; and internal review of all work products.

Meeting the client’s schedule is a primary focus of project management for all work undertaken by LSA.

We seek to initiate the planning and review process with a clear un derstanding of the realistic dates for the receipt of analyses and the completion of technical studies that are key milestones on the critical path for completing the project. We take a very proactive approach to managing our technical subconsultants to ensure that they are committed to meet the agreed-upon project schedules. It is our policy that if we identify serious concerns that jeopardize the adequacy of our analysis, we immediately notify the client to discuss possible solutions and the effect of these solutions on the schedule. On a weekly, monthly, and quarterly basis, our planning staff conducts workload meetings to determine work assignments by individual staff and to allocate resources to ensure that we meet agreed-upon deadlines.

Conducting all steps necessary for creation and approval of the required environmental review requires not only strict adherence to established timelines and schedules of the project, but also close management of costs associated with the project. To this end, LSA employs several management tools including topic-specific budgeting tables, subconsultant progress updates, and regularly scheduled budget reporting and updates to the client to accurately track and monitor the overall budget through to project completion. Operating within the budget and schedule constraints of the project enables LSA to deliver the highest-quality product within the agreed -upon timeline and financial limits. LSA prepares budgets that are realistic for the scope of services to be performed and verifies that the amounts we bill are in line with our budget and work performed each month. We deal promptly with requests for out-of-scope work or work at a level not anticipated in our approved scope.

LSA’s Established Quality Assurance and Quality Control Procedures LSA maintains high quality throughout the life of each project, not merely at the end of the project. LSA’s overall goal is to improve quality on each subsequent project. This requires implementation of strategies to improve quality at the very beginning of each project and carrying those strategies throughout a project and beyond. LSA’s Quality Control Plan and Procedures include these specific management tasks:
• Assign the most appropriate Project Manager to the project and ensure that person’s availability throughout the project.
• During contract negotiations, the LSA Project Manager and Principal in Charge, along with the client, will systematically review the work program to ensure that all parties have a clear understanding of the project objectives and scope of work. • Assign a project team with experience in the area and/or on similar projects and ensure staffing availability.
• Include Principal review of all work performed prior to submittal to the client. Principal review ensures that LSA’s study methodology, analysis, and conclusions are sound and that quality standards are met.
• Ensure that applicable agency standards, policies, and procedures are understood and adhered to by all project team members.

6 | Page

• Ensure timely completion of project deliverables.
• Review project status with the client at regular project intervals to ensure implementation of the original scope of work and harmonious functioning of all team members. Identify any potential conflicts with schedule or budget due to potential changes in scope or client direction. • Review performance with the client on a regular basis to make any adjustments required for successful project completion and to determine improvements for future projects.

Per the City’s Q&A, dated September 1, 2023, we have included our Work Samples and our Analytical Resources overview below. We acknowledge that the City requires this information to be placed in Section “IV.I Execution Plan”.

LSA’s Work Samples
LSA is currently undertaking or has successfully completed numerous environmental documents, including comprehensive and focused project - a
nd program -l
evel EIRs, supplemental and subsequent
CEQA documents, IS/MNDs, exemptions, technical reports, and planning documents for projects with characteristics comparable to the services that are required for this assignment. The following project examples linked below highlight our experience with redevelopment activities occurring within existing commercial and industrial settings, projects streamlining from previous CEQA documents, and large multi- block sites or campus-like environments. The topics of land use compatibility, site circulation and access, natural resources, visual resources, noise, and historic resources were common areas of focus . Theresa Wallace and Matthew Wiswell served as the management team for all of the projects below and represented the LSA team at all internal meetings and public hearings.

A
s requested in the RFP, we have provided two complete final CEQA documents (a Draft EIR as circulated to the public and response to comments and a consistency analysis for a project within a specific plan ) that our firm has prepared within the past 2 years.
 Menlo Flats Project Focused Environmental Impact Report  Alexandria Center for Life Science CEQA Memorandum
LSA’s Relevant Services / Analytical Resources Pertaining to this Contract LSA’s environmental staff includes expert CEQA and NEPA practitioners who have prepared thousands of EIRs and Environmental Impact Statements (EISs), ISs, NDs, MNDs, MMRPs, various technical studies, and CEs to support planning efforts throughout the State. LSA produces legally sound CEQA and NEPA documents that are written in a manner that makes them easy to read and understandable to a diverse audience including planners, designers, attorneys, decision-makers, members of the community, and local interest groups. We provide informative graphics to support the analysis and make the documents easier to read. LSA also strives to provide adequate background information to help interested individuals and community interest groups understand topics that do not always fall within the requirements of CEQA and NEPA (e.g., socioeconomic issues, policy consistency).

W
orking with specialists across disciplines, LSA’s environmental project managers offer deep knowledge of science and regulation s, solid problem -solving skills, and well -ro
unded solutions. This balanced
approach has earned LSA a reputation for thorough, credible, objective analysis that meets agency requirements without compromising clients’ objectives. LSA’s CEQA and NEPA teams are supported by a

7 | Page

wealth of in- house technical specialists. For purposes of thi s proposal, the following disciplines are highlighted: environmental analysis and documentation, land -use planning, biological resources and regulatory permitting, cultural resources (including archaeology, paleontology, and historic resources), air quality/GHG and climate change, noise and vibration, water quality, and transportation/traffic.

Analytical Resources. LSA offers the most current software/programs for environmental analysis, as well as state-of-the-art word processing and graphics capabilities. We regularly review both our physical and electronic equipment used for projects to make sure we are as efficient and cost effective as possible for our client. Recently, we upgraded our Deltek system used for project management to VantagePoint.

This system allows the Project Managers to monitor the health of their projects in real time from planning and budgeting to managing resources, all in an intuitive format, which increases productivity. Our staff also utilizes up-to-date equipment and technology, in cluding Geographic Information Systems (GIS) and unmanned aerial vehicles (UAVs, or drones), to map and analyze environmental data and information.

The following is a brief introduction to LSA’s areas of specialization as they pertain to this contract:

Environmental Analysis and Planning. LSA’s Environmental Planning Group offers broad expertise in environmental analysis and guides projects through all aspects of CEQA and NEPA compliance documentation. Working across multiple technical disciplines, our staff members combine their knowledge of science and regulations with creative problem -solving skills to provide solutions that are innovative, practical, and efficient. LSA offers highly skilled and responsive support to both public- and private-sector clients. This experience includes the preparation of a wide range of CEQA/NEPA documents, including EIRs, EISs, Environmental Assessments (EAs), MNDs/NDs, Initial Studies, MMRPs, Findings of No Significant Impact, CEs, addenda to adopted/certified environmental documents, and numerous technical studies.

Our planners use their thorough understanding of CEQA and decades of analogous projects to craft environmental documentation that is efficient, technically sound, and resilient to challenges. This process streamlines documentation and focuses on the analysis, all while ensuring that the resulting documentation is legally robust and defensible. This expertise includes coordination with local, State, federal, and other governmental agencies; managing public participation programs; issuing necessary legal notices; and incorporating each document into the relevant planning process.

Biological Resources. We provide a full range of biological services including special-status species surveys, biological assessments, and mitigation plans for listed plants and animals; wetland assessments, wetland delineations, regulatory permits, and wetland mitigation; riparian revegetation/restoration; biological resource sections of CEQA documents; tree surveys and arborist reports; botanical surveys for special-status plants and vegetation mapping; wildlife surveys for special -status species, habitat assessments and modeling, and mitigation plans; and geographic information system mapping.

LSA also maintains a number of Section 10 permits for scientific r esearch on various listed species that must be handled during sampling or monitoring. In

8 | Page

addition, staff biologists maintain California scientific collector permits to conduct monitoring and sampling work. We regularly conduct construction monitoring and interact with contractors to ensure compliance with regulatory agency permit conditions and CEQA mitigation measures.

Cultural, Tribal, and Historic Resources. We help navigate the full spectrum of federal, State, and local environmental review requirements governing the management and preservation of cultural resources. LSA’s Cultural Resources Group is made up of a diverse and highly qualified core group of archaeologists, tribal consultants, and historic preservation speci alists with extensive experience in the management of cultural resources throughout California. LSA assists its clients with compliance on projects dealing with CEQA, NEPA, and the National Historic Preservation Act (NHPA). LSA has earned a reputation for employing innovative techniques and developing new technologies to protect resources and manage projects. LSA understands that only projects conducted in native sediment or in areas with buildings greater than 50 years old will require cultural or historic resource work. All staff archaeologists at LSA either meet or exceed the Secretary of the Interior’s Qualification Standards, and staff archaeologists with master’s degrees are Registered Professional Archaeologists (RPAs). LSA’s specialists address regul atory requirements pertaining to archaeology, architectural history, local and regional history, cultural landscapes, Native American consultation, and traditional cultural properties. Additionally, LSA supports public agency staff in meeting their tribal consultation requirements under A ssembly Bill
52 and Senate Bill 18 and
engages in Section 106 Native American consultation with many Native American groups in California.

Paleontological Resources. Paleontological resources (i.e., fossils) include the preserved remains of past life and are protected by various federal, State, and local regulations and requirements. LSA has provided professional paleontologists for projects throughout the western United States since 1979 and supports its knowledge of th e regulatory framework with region -specific expertise, professional certifications, and fully appointed laboratory facilities.

Transportation/Traffic. Our transportation staff offers comprehensive transportation planning and engineering services for all aspects of transportation projects. These services include traffic and parking studies, operational analyses, and transportation planning research. In a ddition, LSA conducts modeling for regional transportation networks, identifies roadway funding and cost sharing opportunities, and assesses traffic impact and parking conditions. LSA’s transportation team is recognized for its creative, solution - oriented approach and its sensitivity to communities, and has supported local communities with alternative transportation planning and active transportation implementation. LSA has also been part of the discussion regarding numerous State and regional mobility issu
es, such as Complete Streets, General Plan
Circulation requirements, Long -Range Transportation planning, and land use and transportation integration (Senate Bill 375).

9 | Page

Air Quality/Greenhouse Gas Emissions and Climate Change . Our Air Quality and GHG Group provides comprehensive air quality services to ensure compliance with CEQA, NEPA, and local requirements. Services range from construction-level analyses of transportation and development projects to the assessment of planning documents and studi es of unique sources of air pollution. LSA’s air quality and climate change services are responsive to evolving State and federal standards, recent case law, and scientific literature.

We use quantitative and qualitative methods to evaluate project and pro gram GHG emissions, and work within a multidisciplinary team to craft innovative mitigation measures to reduce effects on global climate change.

Noise and Vibration. LSA noise specialists provide acoustical assessment services in compliance with CEQA, NEPA, and local requirements. Our services range from construction -
level analyses of transportation and development
projects to the assessment of planning documents and studies of unique sources of noise. We will work with the City to develop reasonable assumptions for construction methods, equipment, and duration. LSA will coordinate with both the design team and the traffic group to analyze operational noise impacts.

Land Use and Resource Management. LSA integrates its understanding of development planning, environmental regulation, and natural resource management to plan and evaluate growth. Our services focus on resource management plans, opportunities and constraints analysis, adjunct staff planning, and entitlement processing.

Water Quality. LSA provides a variety of services to assess how present and proposed actions could affect water quality, particularly with respect to stormwater management. Services include Stormwater Pollution Prevention Plans, Sediment and Erosion Control P lans, and National Pollutant Discharge Elimination System Permit compliance evaluations.

Geographic Information Systems. Using GIS spatial analysis tools, LSA’s GIS department serves as the backbone for LSA’s environmental analysis work. LSA employs current technology to map and analyze natural resource data and community planning systems. In-house GIS expertise, global positioning system (GPS) expertise, automated mapping, photographic analysis, and modeling support all planning efforts. LSA’ s GIS department also supports field teams by using Esri’s Collector, Field Maps, and Survey 123! and provides on-site drone imagery for specific applications. LSA provides a multitude of services within its Graphics Design department including multiple types of photo simulations and landscape alterations.

Using a variety of different software packages, LSA can provide an accurate representation of a planned project and provide insight as to what it will look like to provide additional detail for audiences. Simulations can vary from basic to photorealistic representations of a project.

10 | Page

Conflict of Interest Statement
LSA strives to avoid any conflict of interest that would affect our existing contracts or interfere with the pursuit of a potential contract. LSA will ensure that there is no conflict of interest before providing services on any projects/task orders that are part of this on-call contract. LSA and its subconsultants will disclose any financial or business relationship with the contractor(s) who are working on the projects that are assigned through t ask orders. In addition to the disclosures, LSA will also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest. If we discover a conflict during the execution of an assigned task order, we will immediately notify the City’s Contract Manager regarding the conflicts of interest. LSA and its subcontractors do not have any conflicts of interest, actual or perceived, on any of the City ’s projects lis ted in th e scope of w ork. Our project managers regularly query our accounting department and project managers throughout the firm to ensure that we do not have a contractual, professional, or personal relationship that would constitute a conflict of interest with an applicant or agency. LSA has undertaken no other work that could represent a potential, real, or perceived conflict of interest with contracting with the City of Milpitas.

Proprietary Information Statement
LSA confirms that nothing contained in our submitted response to the City’s RFP will be proprietary.

Liability Insurance
LSA meets the higher limits for Liability Insurance with use of our umbrella coverage . We have attached our Evidence of Coverage showing our Umbrella Coverage below.

11 | Page

MASTER SERVICES AGREEMENT

BETWEEN THE
CITY OF MILPITAS AND MICHAEL BAKER INTERNATIONAL, INC.

This Agreement is made and entered into as of December 21, 2023 (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Michael Baker International, Inc., a Pennsylvania corporation with a place of business at 505 14th Street, Suite 900, Oakland, CA 94612 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS

A. City is a public agency of the State of California and is in need of professional services for the following project:

On-Call Environmental Services
(hereinafter referred to as “the Project”).

B. Contractor submitted its qualifications to City to provide On-Call Environmental Services services on an as-needed basis and is one of several Consultants selected by City to provide services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit A.

2. Compensation.

a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the rates set forth in the Schedule of Charges set forth in Exhibit B.

b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Million Dollars and Zero Cents ($1,000,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. Consultant does not waive and fully reserves any and all mechanic’s or other lien rights for any unpaid services.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Term.

The term of this Agreement shall be from the Date first written above to December 15, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

6. Delays in Performance.

a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.

b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.

a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions (the “Standard of Care”).

9. Assignment and Subconsultant.

Consultant shall not assign, sublet, transfer, or subcontract this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

10. Independent Consultant.

Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance.

Consultant shall not commence work for the City until it has provided evidence reasonably satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.

a. Subject to any applicable limitation of liability, Consultant shall indemnify (but not defend) and hold the City, its officials, officers, employees, and volunteers free and harmless from third-party claims, demands, causes of action, costs, expenses, liability, loss, direct damage or injury, in law or equity, to property or persons, including wrongful death, to the extent caused by any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontracto rs, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all direct damages, and reasonable attorney’s fees. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. Under no circumstance shall Consultant be deemed to have waived any workers’ compensation immunity afforded Consultant under any applicable law.

b. If Consultant’s obligation to indemnify (but not defend)and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be lim ited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such clai m shall not exceed the Consultant’s proportionate percentage of negligence.

13. California Labor Code Requirements.

a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultan ts to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all

subconsultants performing such services must be registered with the Department of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that a ffect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

16. Termination or Abandonment.

a. City has the right to terminate or abandon any portion or all of the work under this Agreement without cause by giving ten (10) calendar days written notice to Consultant. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. Should Consultant materially default on any of its obligations under this Agreement, City shall provide written notice to Consultant of such default. Consultant shall have no less than ten (10) business days to correct such default. If the default is not cured within the specified time period, the City may terminate this Agreement for cause upon written notice to Consultant.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

c. The Consultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term , with the exception of any amounts outstanding and due to Consultant . Consultant shall not be obligated to perform any provisions of this Agreement upon such termination. The City has no obligation to make appropriations for the Agreement in lieu of appropriations

for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council.

Consultant’s assumption of risk of possible non- appropriation is a part of the consideration for the Agreement.

This section controls against any and all other provisions of the Agreement.

17. Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. Any reuse of Consultant’s work product without written permission or adaptation by Consultant will be at City’s own risk and without liability or legal exposure to Consultant. City shall hold harmless Consultant from all claims, damages, losses and expenses arising out of or resulting therefrom. Any such permission or adaptation may entitle Consultant to further compensation at rates to be agreed upon by City and Consultant.

18. Organization.

Consultant shall assign David Reel as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City, which consent shall not be unreasonably withheld provided that the new project manager has experience equal to or greater than the outgoing project manager.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice.

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jay Lee, Planning and Neighborhood Services
Director
CONSULTANT:

Michael Baker International
505 14th Street, Suite 900
Oakland, CA 94612
Attn: David Reel, Principal

and shall be effective upon receipt thereof.

21. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or c ontemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

25. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time for Performance.

Consultant shall perform its services to meet any Project milestones or applicable Activity Schedule as expeditiously as is consistent with the exercise of the Standard of Care and the orderly progress of the project.

28. City’s Right to Employ Other Consultants.

City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests.

Consultant maintains and represents that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this representation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Wage Theft Prevention.

a. Consultant, and any subconsultant 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.

b. BY SIGNING THIS AGREEMENT, CONSULTANT 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 CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS

THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY

SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE

PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT

CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.

c. 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 Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and ho ur law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than 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. Consultant or its subconsultant(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 Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.

d. 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 ha s expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

e. 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.

f. 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, ac cordingly, only notice provided to the above address satisfies the notice requirements in this Section.

31. Limitation of Liability.

To the fullest extent permitted by law, City agrees to limit Consultant’s liability to City and to all other contractors or subcontractors on the Project for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from any cause or causes including but not limited to Consultant’s negligent acts, errors, omissions, strict liability, breach of contract, or breach of warranty, such that the total aggregate of liability of Consultant to all those named shall not exceed $50,000 or the total fee for Consultant’s services rendered in the project, whichever is greater. To the extent that this limitation of liability conflicts with any other provision(s) of this Agreement, said provision(s) shall be considered amended to whatever extent required to make such provision(s) consistent with this provision.

32. Waiver of Consequential Damages.

In no event shall either Consultant or City have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages or any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND MICHAEL BAKER INTERNATIONAL

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

MICHAEL BAKER INTERNATIONAL, INC.

Ned Thomas, City Manager Signature

David Reel

Date

Approved As To Form:

Name
Vice President

Title

Michael Mutalipassi, City Attorney
December 21, 2023
Approved: Date

Lauren Lai, CPA, MPA
Finance Director / Risk Manager
Approved As To Content:

_____________________________________________
Jay Lee, Planning and Neighborhood Services
Director

EXHIBIT A

Scope of Services

In accordance with the California Environmental Quality Act (CEQA), the City of Milpitas has adopted the CEQA Guidelines as its procedures for the review of development projects and other activities to ensure that the environment of the State is protected and enhanced. Pursuant to these procedures, the City anticipates that the preparation of environmental document(s) will be required for potential future projects.

The Contractor will provide a variety of professional services and prepare environmental documents (such as Environmental Impact Reports, Mitigated Negative Declarations, Negative Declarations, Initial Studies, and/or technical studies) in compliance with the requirements of CEQA as well as the National Environmental Policy Act (NEPA).

Typical environmental impacts which will need to be assessed include but are not limited to:

• Aesthetics
• Air Quality
• Climate Change/Global Warming
• Geology and Soils
• Hydrology and Water Quality
• Mineral Resources
• Population and Housing
• Recreation
• Utilities and Service Systems
• Agricultural Resources
• Biological Resources
• Cultural Resources
• Hazards and Hazardous Materials
• Land Use and Planning
• Noise
• Public Services
• Transportation/Traffic
• Cumulative Impacts

The Contractor will provide the following:

A. Assist City staff in managing the environmental processing for private development projects and City initiated projects, including preparation of environmental documents, attendance at public meetings, regular interface with City of Milpitas staff and other City consultants, and attendance at regularly scheduled coordination meetings as necessary when work is in progress.

B. Communicate and coordinate with specialized environmental consultants and City staff and other City consultants as necessary.

C. Provide a full range of environmental consulting services capable of meeting the needs of any given private development or City initiated project.

D. Provide the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget.

E. Sub-consultants may be utilized for various technical reports. The City reserves the right to require the use of approved sub-consultants, particularly with respect to traffic/transportation reports, and not permit the use of sub-consultants that have not been approved; and
F. Provide CEQA training presentation to the Milpitas City Council and the Planning Commission once during the contract period, at no cost to the City of Milpitas.

EXHIBIT B

Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out - of-scope work being performed by Consultant. This is a time-and-materials Agreement.

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Million Dollars and Zero Cents ($1,000,000.00).

[Contractor Rate Sheets on Following Page]

MICHAEL BAKER INTERNATIONAL SEPT 2023
CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
K. PROPOSED COMPENSATION
Our 2023 Rate Schedule below include all charges necessary for the completion of all Services or otherwise fulfillment of the Agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities, and all management; overhead expenses and profit required to complete the Services in accordance with the Contract Documents, except as may be provided otherwise in the Contract Documents.

MICHAEL BAKER INTERNATIONAL
2023 HOURLY RATE SCHEDULE

STAFF TITLE .................................................................................................................................... $ per Hour Department Manager/Technical Director .............................................................................................. 250–300 Principal Planner/Principal Technical Specialist ................................................................................... 180–250 Senior Planner/Senior Technical Specialist .......................................................................................... 140–190 Associate Planner/Associate Technical Specialist ............................................................................... 115–140 Assistant Planner/Assistant Technical Specialist ................................................................................... 95–115 Technical Editor ..................................................................................................................................... 85–125 Administrative Support ........................................................................................................................... 75–100 GIS Manager ........................................................................................................................................ 150–200 GIS Analyst ............................................................................................................................................ 90–150 Note: Reimbursable expenses and subconsultants are billed at cost plus 10% administrative markup. Mileage billed at current IRS rate. Rates are subject to a 3% increase each calendar year. This rate sheet may not include all staff titles.

EXHIBIT C

Activity Schedule

[RESERVED]

EXHIBIT D

INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant , its agents, representatives, employees or subcontractors.

Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

_X Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

_X Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

(If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than per occurrence or claim, aggregate

Workers’ Compensation Insurance:

_X Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Prope rty Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

Cyber Liability Insurance with limits not less than $1,000,000 per claim.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of

intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic info rmation, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

Bid Bond
Performance Bond
Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

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

_X Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its elected and appointed officials, officers, attorneys, agents employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

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

Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

_X Notice of Cancellation, Suspension or Otherwise Voiding Policies:

Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be canceled limits except with thirty (30) days’ prior written notice by regular U.S. mail, except ten (10) days’ prior written notice shall apply in the event of cancellation for non-payment of premium.

_X Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self-insured retentions must be declared to City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant

must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify th at all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub -subcontractor to the extent they apply to the scope of the sub - subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances ; provided, however, that City shall reimburs e Consultant for any and all expenses related to any such change in coverage.

Failure to Comply:

Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not a ffect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Exhibit E

[Consultants Execution Plan on Following Page]

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 2
I. EXECUTION PLAN

EXECUTIVE SUMMARY
Michael Baker understands the City is looking to work with firms with the expertise necessary to process environmental review applications and requests pursuant to CEQA /NEPA. We understand that the selected consultants may also facilitate, lead, or assist planning staff with environmental review of long -range planning initiatives. On -call environmental review services for planning projects will be under the terms of the City’s standard Agreement for Professional Services and will be for five years.

Michael Baker understands the scope of work will include but may not be limited to conducting preliminary review of development projects for CEQA /NEPA purposes, preparing environmental documents for the City’s Planning Divisio n, peer reviewing environmental documents prepared by project applicants, or conducting and/or supporting environmental review for potential projects (e.g., large- and small-scale development applications such as zoning amendments, use permits, and vesting tentative maps, and updates/amendments to the General Plan, specific plans, and/or the Zoning Ordinance) . Our team is prepared to provide any or all of these services and we have the ability to manage multiple projects with competing priorities and schedule for the City. On every project we will be fully committed to maintaining quality, meeting schedules, and staying within budget.

We understand that the scope of work could also include facilitation of special projects as authorized by the City Council.

This proposal is being submitted for consideration for all services identified in the City’s RFP Vendor Questionnaire. A description of Michael Baker’s expertise and a typical work plan and process for carrying out an environmental evaluation for completin g these tasks are provided below, demonstrating that we have the right qualifications and understanding to provide the City with the environmental consulting services and technical expertise requested.

Task Order Kickoff/Initial Meeting, Work Plan, and Schedule Our standard processes when selected for a task or der is described below. After a task order is awarded, t he Michael Baker team would schedule a kickoff meeting upon initiating work on a project or task order. The kickoff meeting serves a number of important functions: to make formal introductions between the Michael Baker team and City staff working on a project; to establish a regular meeting schedule for conference calls or project check -ins; and to formalize these meetings in a communications plan that could be prepared for the project. We will work with City staff to determine the management and communication approach best suited for each task order and the extent to which the team would convene throughout the course of the task order (e.g., monthly or biweekly progress meetings). Project team communication protocols would also be established at this time. The kickoff meeting would be used to establish schedules an d expectations of the project team, as well as to address any other sundry issues that may require resolution. The process and scope, schedule, and budget would be included in a Project Work Plan.

Based on the specifics of each task order, we would examine the various tools available that best suit the City’s needs to ensure an efficient and defensible product or outcome. Our scope of work would be based on knowledge of the project, project setting, and areas of key importance. We are aware that the approach and methods for attaining the task order’s end goals may be reached by many different routes, and we would work with City staff at the onset to define the most effective approach. Options and creative ideas would be provided by our project manager for var ious processing scenarios that will ensure an expeditious schedule, the appropriate level of documentation and analysis, and the best means for securing any needed regulatory permits and project approvals. Michael Baker would use the kickoff meeting with C ity staff to discuss interested internal and external project stakeholders and their views on the project. Similarly, during the project initiation phase, Michael Baker would work with City staff to solicit and document stakeholder views and concerns, thro ugh methods such as conducting a scoping meeting or public information meeting, or meeting with homeowner association board members and/or public service providers. From a CEQA perspective, the purpose of such meetings would be to ascertain who the key sta keholders are and what issues may need to be addressed related to the potential for environmental impacts to result from the project.

Existing Data Review and Research
Following a kickoff meeting, the Michael Baker team would review all available documentation, literature, plans, and relevant planning documents, as well as applicable policies, ordinances, and codes. Michael Baker will use existing data to the extent feasible and supplement where necessary in consultation with City staff.

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 3
CEQA Documents
Michael Baker brings seasoned staff and local experience to the City. Our staff are highly experienced in preparing numerous types of CEQA exemptions (e.g., categorical exemptions, statutory exemptions, CEQA streamlining exemptions), addendums, IS/NDs/MNDs, sustainable community environmental assessments, and EIRs. Our staff also have extensive experience with all steps in the CEQA process, including conducting prelim inary reviews, preparing and circulating CEQA notices, conducting scoping meetings, preparing responses to comments, presenting draft EIRs at public hearings, and drafting and implementing mitigation monitoring and reporting programs.

Noticing, Hearings, and Public Outreach. The Michael Baker team is experienced in drafting all types of CEQA notices required as part of the environmental review process. Notices that may be required depend on the document type being prepared. The Michael Baker team would draft the content of notices using standardized templates based on those included in the CEQA Guidelines or in a format preferred by the City.

As part of our team’s scope of work, we assume and budget time for initial drafting of any required notices, staff review and revisions; preparation of publication -ready notices; managing transmittal of notices to state and/or responsible agencies; and posting notices at locations accessible to the public such as at the City Clerk’s office. Additionally, for any projec t that requires a public scoping meeting, we could fully manage and coordinate as necessary to secure a meeting venue with suitable meeting space; chair/moderate the meeting if requested; and provide a transcription of the public testimony, if desired. Mic hael Baker would also provide a summary report of the topics raised in public commentary as well as keeping speaker logs and other related records for staff for inclusion in the project’s administrative record.

Project Management Approach
Given the diversity of environmental resources and stakeholders within the City, we anticipate that a range of potential planning and resource issues would be addressed through this on-call agreement. While each task order would be unique, we would deliver each assignment with a consistent staffing approach, addressing each task order with the following core principles:
 Environmental Philosophy. Our project managers and technical experts subscribe to a philosophy that is rooted in consistent open communication, responsivene ss, and high -quality service. We place a strong emphasis on the consultant-client partnership, which is based on effective communication and a detailed understanding of the City’s operations and services it provides to the public. While on assignment, we would see ourselves as extensions of staff and would adhere to City’s communications and document preparation protocols to achieve success on each and every assignment. We also work collaboratively with other Michael Baker subject matter experts to draw on experiences when unique challenges arise. Project managers included in this proposal all have experience working in tandem with public sector agency staff; several have experience working at public/CEQA lead agencies, either as contract staff or prior to joining Michael Baker, and are adept at developing defensible solutions to complex CEQA or NEPA issues.  Understanding the City’s Standard Operating Procedu res. If selected to provide environmental services, our contract manager would request a meeting with the City’s environmental coordinator to discuss the City’s standard operating procedures and other stylistic conventions for its environmental documents. We would commit to implementing and integrating them into project work that we prepare for the City. As part of an introductory meeting with City staff, we would inquire about the following: the typical number of administrative drafts that are prepared prior to publishing a public review draft document; the amount of time for City staff to review the first and subsequent administrative drafts of documents in developing project schedules; what writing conventions the City may use in its EIRs (i.e., does the City use templates for its CEQA documents); and if the City has established standardized language that it includes under certain conditions at specific places in its CEQA documents. The purpose is for the Michael Baker team to understand the City’s convent ions at the outset, which will reduce the initial learning curve and enable us to deliver documents consistent with those prepared by the City.  Availability. We pride ourselves in being readily available to City staff and our ability to quickly respond with a strategy and approach to any task by drawing on our expertise and a team of experienced planning and environmental professionals. We have built in additional project managers to support the contract manager and respond to urgent requests. When developing a strategy, we always seek the most cost -effective and schedule-sensitive approach that nevertheless provides the proper level of defensibility. We regularly look beyond the norm to identify innovative and

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 4
streamlined approaches to complying with enviro nmental and regulatory permitting requirements. We recognize that every agency has nuances that must be addressed for them to accept the analysis. So, we ask questions first, learn as much as we can about the project description, then scope the assignment appropriately. This eliminates last-minute surprises, opens communication early in the process, and minimizes the need to change scopes, budgets, or timelines.  Understanding Task Order Objectives . Prior to initiating our efforts, a thorough understanding o f the project objectives is essential to develop a scope of work that appropriately frames the relevant issues and clarifies the manner in which the issues are evaluated. We would work collaboratively with City staff and the project sponsor team to develop a set of project objectives. Establishing objectives early on provides a framework in which to develop a thorough project description and a project’s environmental document.
 Project Scoping. A thorough understanding of project characteristics is necessa ry for the lead agency to determine the type of CEQA document that must be prepared for a project; moreover, project scoping ensures all relevant issues are adequately reflected in the subject matter content of the project’s environmental document. A criti cal element to developing a realistic project schedule is preparing a comprehensive scope of work that clearly identifies the project tasks and deliverables. At the onset of any project, we would develop a detailed scope of work in the sequence of the applicable CEQA and regulatory processes and identify assumptions that are critical for project delivery. We would coordinate with City staff and any responsible agencies to establish protocols at the outset of a project. We would also work with the City to understand potential schedule constraints that need to be considered by our project team during the development of the project scope.
 Critical Issues. Every project will involve issues that require discussion and agreement between the affected parties.

We s trive to be technically accurate, objective, and creative in developing consensus on project issues. Early identification and resolution of critical issues is imperative to keep a project on track and on schedule and our project managers know how to facilitate discussion to come to a resolution to move projects forward in an effective manner.  Scheduling and Milestone Delivery. Michael Baker has a proven track record of meeting established project timelines and schedules. We do this by working efficiently in the following ways:
o We establish realistic schedules, in consultation with our clients, that are typically based on our experience with comparable projects, client schedule targets, and recognition of “critical path” tasks that affect timely completion of related tasks.
o We apply a variety of tracking tools for timely milestone delivery. o We use available data to the extent feasible.
o We avoid unnecessary analyses and data collection.
o We produce quality documents that get it right the first time to avoid lengthy rewrites and revisions.

We are accustomed to providing deliverables on an accelerated timetable, a practice enabled by the high level of internal collaboration among our staff and by the depth of staff resources available to a given project. Our staff members solve problems by staying cognizant of project details and technical issues and applying resources to creatively resolve any difficulties or issues that may arise during the process. Further, we are experienced at asking the right questions, drawing on in- house resources when needed , and providing effective resolutions that comply with applicable regulations and respond to any issue at hand.
 Quality Control/Quality Assurance (QA/QC). The Michael Baker team is committed to providing work products that can withstand strict public and legal scrutiny. Our project management and QA/QC approach establishes accountability for delivering exemplary products on time and within budget. The QA/QC process is implemented to address potential deficiencies prior to submitting to the City, thus preventing unnecessary cost escalations and schedule delays. We are committed to maintaining budget and schedule based on our defined scope of work for a task order. We take pride in not requiring cost escalations or schedule extensions from work product deficiencies. The first level of review of all work products would come from the project manager. The project manager would work with staff technical specialists to address any potential deficiencies. The QA/QC manager, the next level of review, would address any outstanding concerns with the project manager and technical specialists prior to submittal to the City. If data gaps or additional out- of-scope requirements are identified, we would immediately coordinate with City staff on a reasonable path forward.

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 5
The Quality Management program is a continuous process used not just at project milestones but also on a daily basis as work flows from desk to desk, discipline to discipline, and consultant to client. Our stand-alone Quality Management system would be specific to assigned projects based on the environmental and regulatory disciplines that may be extended from this solicitation. The QA/QC manager would be responsible for providing an ongoing review (QA audit) that the Quality Management system is fully implemented throughout the environmental review process. The program consists of the following key elements:
o Quality Assurance Plans are developed by each office and set the standards for quality per company standards.
o Quality Control Plans (QCPs) are prepared by each discipline, thereby increasing relevancy and maintaining detail—e.g., our QCPs for CEQA vary from those for regulatory/biological deliverables. o Project Specific Quality Management Plans are prepared and utilized during deliverable review. Each document is reviewed (and revised where needed) prior to submittal to the client. o Project Management Plans (PMPs) are prepared at notice to proceed. This job -specific PMP includes key project components such as contrac t and scope of work, budget and schedule information, team member roles and identification, and health and safety documentation. The PMP provides the project manager with a resource document through the life of the project.

WORK SAMPLES
Michael Baker has prepared countless CEQA and NEPA documents for agencies across California, many of which have been prepared under on-call service agreements, in the San Jose, San Francisco, and Oakland region s. We have been preparing environmental documentation for more than 50 years since the inception of CEQA /NEPA. In addition, under our on -call agreements, our clients regularly turn to us as a trusted advisor on CEQA/NEPA topics, including developing strategies f or addressing unique environmental challenges, conducting training sessions for staff and elected and appointed officials, and conducting peer reviews of environmental documents and technical studies submitted by project applicants.

We are happy to attach two examples of recent successfully completed projects to this submittal. These work samples are:

Shadowbox Studios Project EIR | City of Santa Clarita
Environmental Project Manager: Madonna Marcelo
Michael Baker prepared an EIR for the Shadowbox Studios Project in the City of Santa Clarita, which would involve the construction and operation of a 94-acre full-service movie and television studio campus. The project will be Shadowbox Studios’ second campus and represents their entrance into the Los Angeles filming market, after developing their first campus in Atlanta, GA, which has provided studio space for various content production companies including Disney, Universal, Sony, Warner Brothers, and HBO. The proposed campus consists of approximately 1.3 million square feet of studio uses, comprising 19 sound stages, workshops, warehouses, support uses, production and administrative offices, catering, and a mechanical building with a substation.

Chick-fil-A Silver Creek & Capitol Project Initial Study Mitigated Negative Declaration | City of San José Environmental Project Manager: Kristen Bogue
Michael Baker assisted Chick-fil-A and the City of San Jose with the preparation of an IS/MND for the Chick-fil- A Silver Creek & Capitol Project. The project would demolish an existing former O’Reilly Auto Parts retail building and construct a new Chick- fil-A restaurant with a dual drive -through lane and associated surface parking. The restaurant would be a 3,565 -square-foot, one-story building with 38 interior dining seats and 28 outdoor dining seats. The drive-through would have a 21-vehicle stacking queue capacity. Landscaping would be planted, in kind with the existing surrounding development. Key environmental concerns involved potential hazardous materials in existing on-site soil gas, tree removal, and pedestrian and bicycle connections.

Additional Experience
Below are additional brief descriptions of our relevant experience. The projects below are a small representative sample of the projects we have undertaken. An expanded list of our related experience is available upon request.

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 6
On-Call Planning Services | City of Milpitas
Michael Baker provided on -call planning services to the City of Milpitas from 2019 to 2022. Our team worked with the City t o update several sections of the Zoning Code, including updates to the Accessory Dwelling Unit Ordinance and Food Truck and Hotel Parking Regulations, as well as the City’s Allowed Uses listing and definitions. For each of these updates, we ensured that the changes being made to the Zoning Ordinance were consistent with CEQA and that any future proposed action or permitting that would be required due to these changes would consider and comply with all CEQA requirements.

Montague Expressway Self-Storage Facility Initial Study/Mitigated Negative Declaration | City of Milpitas Michael Baker assisted the City of Milpitas with the preparation of an IS/MND for the Montague Expressway Self-Storage Facility, at 985 Montague Expressway. The project site was developed in the early 1960s and operated on-site until about 2000 by Jones Chemical, Inc. for chemical storage, repackaging, and distribution. The proposed project involve d the demolition of the former facility and the construction of a 171,924-square-foot self-storage facility in four new buildings. Key considerations included handling of potential hazardous materials during construction, as well as construction -related air quality emissions, noise considerations, and site access during operations.

On-Call Planning and Environmental Support | City of Pasadena Michael Baker has provided environmental coordination and planning services to the City of Pasadena since 2013, over several on-call contract cycles. We have undertaken a variety of assignments under this contract, including preparing CEQA and NEPA documents, reviewing and processing CEQA documents, and providing contract staff assistance. Under these contracts, Michael Baker has served as the City’s environme ntal coordinator, overseeing the preparation and management of all of the City's environmental documents. Tasks have included supervising the CEQA process; reviewing CEQA and NEPA documents prepared by City staff and other consultants; providing recommenda tions on the appropriate procedures for complying with CEQA and other environmental regulations; advising the City on environmental matters; reviewing technical studies for adequacy; overseeing the preparation, posting, and distribution of environmental no tices; and participating in public meetings and hearings. Also under this contract, Michael Baker has provided contract staff to both the Zoning and Design & Historic Preservation sections of the Planning Department, processing zoning permit applications , and providing Mills Act assistance and architectural design review services.

On-Call Planning and Environmental Support | City of Santa Clarita Michael Baker is providing on-call environmental services to the City of Santa Clarita. Since 2014, Michael Baker has undertaken a variety of assignments, including preparing CEQA documents for land development projects, long -range planning policy initiatives, and capital improvement projects; peer reviewing technical studies prepared by project applicants; conducting CEQA training for city staff; and preparing an Initial Study template that provides standard/suggested response language for the questions on the IS checklist, sources of information, and other guidance language and helpful hints.

On-Call Environmental Services | City of San Pablo
Michael Baker has provided on -call environmental planning services to the City of San Pablo since 2021. One example environmental planning assignment as part of our efforts under this contract is the 2364 Road 20 Project. Michael Baker prepared two addendums to the City’s General Plan EIR and the San Pablo Avenue Specific Plan EIR for the development of 64 residential units in a five-story building with a parking garage and surface parking placed on a 0.98-acre site. The development would exceed the allowed building height limit and not provide the required open space. In response, the developer requested the grant of a density bonus in exchange for dedicating 10 percent of the allowable dwelling units (16 units) for low -income households. By providing these units, the developer requested receiving two concessions (as allowed by California Government Code Section 65915[d][2][B]) for the required building height limit and for the open-space requirement.

Alvarado Gardens Mixed-Use Project NEPA EA/FONSI, City of San Pablo | Danco Properties Michael Baker prepared an EA/FONSI for a US Department of Housing and Urban Development (HUD) assisted mixed -use project consisting of a four-story, 122,993-square-foot building with 100 affordable housing units at the former San Pablo City Hall site. The existing, vacant City Hall building would be demolished/removed as part of the project. The proposed structure would include 6,600 square feet of new ground floor commercial space facing San Pablo Avenue and a large central courtyard with a children’s play area, a variety of sitting areas, trees, and landscaping. The project would also have a bike room with storage for 50 bicycles, a bicycle repair station, a fitness room, a lounge, and laundry facilities.

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 7
El Camino Real Specific Plan Project EIR | City of Sunnyvale Michael Baker prepared an EIR and technical studies related to air quality, GHG emissions, energy, and noise for the El Camino Real Specific Plan (ECRSP) Project. The ECRSP area is composed of approximately 350 acres of properties that are located immediately adjacent to El Camino Real in the City of Sunnyvale (with a few additional properties adjacent to sites fronting on El Camino Real), which traverses the City diagonally . Potential buildout of the ECRSP includes 8,500 residential units and 3,980,000 square feet of commercial floor area. The ECRSP was drafted with the goal of enabling the transition of the corridor to a vibrant, mixed- use area with improved streetscapes an d safer environments for walking, bicycling, and other modes of transportation. The Specific Plan establishes new land use designations that promote additional housing within the corridor while maintaining existing commercial uses and providing opportuniti es for additional commercial development. The Specific Plan includes a comprehensive strategy to address land use, economic vitality, urban design, and multimodal connectivity.

Palo Alto History Museum Rehabilitation Project Categorical Exclusion | City of Palo Alto Michael Baker prepared a categorical exclusion subject to the laws and authorities listed at 24 CFR 58.5 for the rehabilitation of a National Register of Historic Places -listed property to become the Palo Alto History Museum. The rehabilitation included transforming the interior of the historic structure, as well as constructing an addition at the rear to provide additional storage and museum space. Michael Baker also prepared a cultural resources identification and evaluation study to address r equirements of Section 106 of the National Historic Preservation Act.

Community Development Block Grant Environmental Documentation and Policies and Procedures Manual | City of Cupertino
Michael Baker prepared environmental documentation pursuant to HUD’s NEPA requirements listed at 24 CFR Part 58 for administration of the City’s Community Development Block Grant program. This included preparing NEPA documentation, including an 8-Step Process report, for rehabilitation and new construction projects, assisting the City in preparing new analysis in response to HUD requirements after a HUD environmental review audit, and preparing a policies and procedures manual for the City to train future staff in all aspects of the environmental compliance process.

EIR Review Services | City of Los Angeles
Michael Baker has provided EIR peer review services to the City of Los Angeles Department of City Planning since March 2017.

Our responsibilities include reviewing ISs, Draft and Final EIRs, and CEQA Findings/Statement of Overriding Considerations prior to release for public review; overseeing the EIR process for development projects; and ensuring compliance with CEQA requirements. In addition, we are often called upon to provide strategic CEQA advice to the City. To date, we have assisted the City with CEQA documentation for more than 75 projects, including major development applications in downtown Los Angeles, Hollywood, the Arts District, the San Fernando Valley, and the Westside.

ANALYTICAL RESOURCES
Michael Baker is a multidisciplinary firm with extensive expertise preparing all of the types of technical studies that City staff may request to support project environmental casework. These studies most frequently include visual impact analyses; air quality and GHG emissions analyses; energy studies; biological resources assessments; natural environment studies; cultural and tribal resources assessments; socioeconomics/environmental justice; Phase I Environmental Site Assessments (ESA); hydrology and water quality studies; noise analyses; traffic/transportation studies; water supply assessments; and utility infrastructure studies. In short, we provide a full suite of services required to adequately address the technical topics in the CEQA Guidelines Appendix G environmental checklist. Topical examples include:

Air Quality/Greenhouse Gas Emissions Analyses . We prepare a full range of air quality and GHG emissions analyses for public and private sector clients, in accordance with local, state, and federal impact assess ment criteria. Our staff is trained in using state-of-the art computer models and assessment protocols developed by the US Environmental Protection Agency, the California Air Resources Board, Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), and air pollution control districts throughout the state. The computer models include the California Emissions Estimator Model, EMFAC, CALINE, and AERMOD. We also prepare wind rose maps and use BREEZE air dispersion software to analyze carbon monoxide hot spots and localized emissions impacts.

Biological Resource Assessments . Michael Baker staff have extensive experience conducting general biological surveys, habitat suitability assessments, botanical inventories, jurisdictional delineations, and technical peer reviews, and assisting both

CITY OF MILPITAS  ON-CALL ENVIRONMENTAL SERVICES
MICHAEL BAKER INTERNATIONAL  PAGE 8
public and private sector clients in compliance with a range of environmental regulations, including CEQA/NEPA and the state and federal Endangered Species Act. In addition, we have solid experience with processing state and federal regulatory permits pursuant to Sections 404 and 401 of the Clean Water Act, the California Porter-Cologne Water Quality Control Act, and Section 1602 of the California Fish and Game Code. Our experience includes conducting California Rapid Assessment Method analyses, biological monitoring surveys, nesting bird clearance surveys, oak tree surveys, and focused surveys for various special-status species.

Cultural Resources Evaluations. Michael Baker’s cultural resources expertise is called on for a multitude of project types, including built environment and archaeological surveys; archaeological monitoring and excavation; tribal consultation; development of historic context statements; National Register, California Register, and local register evaluations and nominations; and compliance documentation necessary to address CEQA/NEPA requirements. We complete all types of cultural resources studies, including identification and evaluation studies, finding of effect documents, archaeological monitoring plans, memorandum of agreements, and programmatic agreements, all in consultation with applicable State Office of Historic Preservation staff. We can also complete mitigation documentation such as Historic American Buildings Survey/Historic American Engineering Record/Historic American Landscapes Survey and develop interpretive signage. In addition to project - specific studies, we are adept at completing preemptive historic resource identification, including reconnaissance-level surveys to identify significant property types within a region for the purposes of historic preservation.

Noise Analyses. Michael Baker’s noise control services include community noise studies, construction and operational noise monitoring and control, inspection and noise testing, and construction vibration impact analyses. All noise control studies involve analyzing or projecting the noise levels generated by a source, determining the level of reduction desired, and recommending mitigation measures to achieve the criterion levels. Noise monitoring equipment maintained by the firm includes state-of-the-art automated digital test equipment and certified calibration equipment. Our extensive inventory of noise monitoring equipment thoroughly evaluates noise impacts for our clients in both community and industrial settings.

Phase I E SAs. Phase I ESAs evaluate the potential for hazardous materials to be present on a site based upon readily discernible and/or documented present and historical uses of a property. In accordance with ASTM International standards, the Michael Baker team can provide a full range of assessments of potentially affected properties.

Traffic, Transportation, and Circulation Analyses . Michael Baker provides transportation planning and traffi c engineering services. We understand the local and unique process es and requirements involved in transportation planning projects, most specifically transportation impact analyses and mobility assessments. Senate Bill 743 reconsiders how we look at transportation impacts on the environment, including shifting from evaluating vehicle delay to vehicle miles traveled ( VMT). This metric evaluates the benefits of mixing land uses in urban and suburban environments to reduce trip lengths, which in turn provides for improved air quality and other environmental factors; it replaces the traditional measurement of delay (level of service) used for evaluating environmental impacts under CEQA. This shift to measuring trip distance and frequency requires consideration of transportation demand management strategies, such as transit improvements, pedestrian and bicycle enhancements, and other measures to reduce VMT, which will lead to improved transportation options. Our transportation planning team is committed to sustainable enhancements and believes that multimodal transportation systems are essential to successfully developing the livable communities of the future. As part of our traffic and circulation reviews, we evaluate site plans to identify potential circulation issues and conflicts and also evaluate hazards and potential impacts from hazardous conditions related to the design of the street network and circulation system as a whole.

MASTER SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND IMPACT SCIENCES INC

This Agreement is made and entered into as of __________________ (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and Impact Sciences, Inc. a California corporation with its principal place of business at 811 W. 7th Street, Suite 200, Los Angeles, CA 90017 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

On-Call Environmental Services
(hereinafter referred to as “the Project”).

B. Contractor submitted its qualifications to City to provide Environmental Services services on an as-needed basis and is one of several Consultants selected by City to provide services.

C. The Parties desire by this Agreement to establish the terms for City t o retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the rates set forth in the Schedule of Charges set forth in Exhibit B. b. In no event shall the total amount paid for services rendered by Consultant under t his Agreement exceed the sum of One Million Dollars and Zero Cents ($1,000,000.00). This amount is to cover all printing and related costs, and the City will not pay any addition al fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of esti mated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made availab le at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Term.

The term of this Agreement shall be from the Date first written above to December 15, 2027, unless earlier terminated as provided herein. The City reserves the right to review the Consultant’s performance at the end of each year and cancel all or part of the Agreement.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable contr ol of the non -performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care.

Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant.

Consultant shall not assign, sublet, transfer , or subcontract this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

10. Independent Consultant.

Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance.

Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontrac tors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expense s. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold har mless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction , Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage La ws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are be ing performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all

subconsultants performing such services must be registered with the Depar tment of Industrial Rela tions.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any sub contractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, in cluding, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

16. Termination or Abandonment.
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The Consultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligation to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible no n- appropriation is a part of the c onsideration for the Agreement. This section controls against any and all other provisions of the Agreement.

17. Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

18. Organization.

Consultant shall assign John R. Anderson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice.

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Jay Lee, Planning and Neighborhood Services
Director
CONSULTANT:

Impact Sciences, Inc.
811 W. 7th Street, Suite 200
Los Angeles, CA 90017
Attn: John R. Anderson, Principal

and shall be effective upon receipt thereof.

21. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ance stry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person

which are not incorporated herein, and that any ot her agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

24. Severability.

The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

25. Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

27. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants.

City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests.

Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fe e, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Wage Theft Prevention.
a. Consultant, and any subconsultant 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.
b. BY SIGNING THIS AGREEMENT, CONSULTANT 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 CONSULTANT OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS

THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECI SION OR ORDER HAS NOT BEEN FULLY

SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE

PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY AND THAT

CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding tha t Consultant or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than 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. Consultant or its subconsultant(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 Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied. d. 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 agen cies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis fo r immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. 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.
[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE

CITY OF MILPITAS AND IMPACT SCIENCES INC

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Ned Thomas, City Manager

Date
Approved As To Form:

Michael Mutalipassi, City Attorney
Approved:

Lauren Lai, CPA, MPA
Finance Director / Risk Manager
Approved As To Content:

Jay Lee, Planning and Neighborhood Services
Director

IMPACT SCIENCES INC

Signature

Name

Title

Date

EXHIBIT A
Scope of Services

In accordance with the California Environmental Quality Act (CEQA), the City of Milpitas has adopted the CEQA Guidelines as its procedures for the review of development projects and other activities to ensure that the environment of the State is protected and enhanced. Pursuant to these procedures, the City anticipates that the preparation of environmental document(s) will be required for potential future projects.

The Contractor will provide a variety of professional services and prepare environmental documents (such as Environmental Impact Reports, Mitigated Negative Declarations, Negative Declarations, Initial Studies, and/or technical studies) in compliance with the requirements of CEQA as well as the National Environmental Policy Act (NEPA).

Typical environmental impacts which will need to be assessed include but are not limited to:
• Aesthetics
• Air Quality
• Climate Change/Global Warming
• Geology and Soils
• Hydrology and Water Quality
• Mineral Resources
• Population and Housing
• Recreation
• Utilities and Service Systems
• Agricultural Resources
• Biological Resources
• Cultural Resources
• Hazards and Hazardous Materials
• Land Use and Planning
• Noise
• Public Services
• Transportation/Traffic
• Cumulative Impacts
The Contractor will provide the following:

A. Assist City staff in managing the environmental processing for private development projects and City initiated projects, including preparation of environmental documents, attendance at public meetings, regular interface with City of Milpitas staff and other City consultants, and attendance at regularly scheduled coordination meetings as necessary when work is in progress.

B. Communicate and coordinate with specialized environmental consultants and City staff and other City consultants as necessary.

C. Provide a full range of environmental consulting services capable of meeting the needs of any given private development or City initiated project.

D. Provide the management of multiple projects and competing priorities while maintaining quality, meeting schedules and staying within budget.

E. Sub-consultants may be utilized for various technical reports. The City reserves the right to require the use of approved sub-consultants, particularly with respect to traffic/transportation reports, and not permit the use of sub-consultants that have not been approved; and
F. Provide CEQA training presentation to the Milpitas City Council and the Planning Commission once during the contract period, at no cost to the City of Milpitas.

EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any o ut- of-scope work being performed by Consultant. This is a time-and-materials Agreement.

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Million Dollars and Zero Cents ($1,000,000.00).

[Contractor Rate Sheets on Following Page]

Impact Sciences, Inc. 1 On-Call Environmental Consulting Services September 15, 2023 Statement of Qualifications for the City of Milpitas

PROPOSED COMPENSATION
IMPACT SCIENCES 2023 STANDARD FEE SCHEDULE
Personnel charges are for work directly related to projects. Charges for personnel services are based on an hourly rate for time charged to the project. Current personnel classifications and rates are as follows:

Classification Hourly Rate
Principal/Managing Principal $295.00
Associate Principal $260.00
Technical Director $250.00
Senior Project Manager $185.00
Senior Technical Specialist $185.00
Project Manager $165.00
Senior Planner $175.00
Technical Specialist $160.00
Planner $150.00
Assistant Technical Specialist $140.00
Associate Planner $135.00
GIS Technician $175.00
Assistant Planner $125.00
Graphics $125.00
Publication $125.00
Clerical/Administrative $80.00
Travel time spent in the inte rest of the client will be charged at the hourly rate. When it is necessary for an employee to be away from the office overnight, subsistence will be charged. Contract personnel will be charged according to the hourly rates for their category as listed above.

Other Charges
Subcontractors Cost plus 15 percent
Expenses and Outside Reproduction Charges Cost plus 15 percent Staff Mileage Expense IRS standard reimbursement rate
Internal Reproduction Costs
Single Sided Black and White Copies

8.5”x11” $0.20 per copy
11”x17” $0.40 per copy
Double Sided Black and White Copies

8.5”x11” $0.30 per copy
11”x17” $0.60 per copy
Single Sided Color Copies

8.5”x11” $0.80 per copy
11”x17” $1.60 per copy
Double Sided Color Copies

8.5”x11” $1.60 per copy
11”x17” $3.20 per copy
Document Scanning $1.00 per page
Preparation for court appearances, depositions, presentations to regulatory boards, or other special requests for testimony will be charged on a time-and-materials basis.

2023
Albion Labor Category Personnel Billing Rate
Sarah Nicchitta $136.26
Sarah Peelo $136.26
Jennifer Farquhar $125.60
Cristie Boone $120.30
Principal 4B
Principal 4B
Principal 3B
Principal 2C
Sandra Menzel $111.47
James Sarmento $102.63
Reilly Murphy $125.60
Douglas Ross $125.60
Chelsea Blackmore $122.09
Lindsley Britton $99.05
Senior Biologist 4D
Senior Anthropologist 4B
Senior Archaeologist 7B
Senior Archaeologist 7B
Senior Archaeologist 6D
Senior Archaeologist 3C
Senior Archaeologist 3B Cris Lowgren $97.30
Archaeologist 7C Brittney Biasi $95.54
Archaeologist 7B Ryan Phillip $93.79
Archaeologist 6D Matthew Manigault $90.27
Archaeologist 6D Andrew Nicchitta $90.27
Archaeologist 6D Timothy Polkinghorne $90.27
Archaeologist 6A Brenda Arjona $84.88
Archaeologist 5C Nicole Matthews $81.37
Archaeologist 5A Avila Bright $77.83
Archaeological Technician 7D Alana Smith $76.11
Archaeological Technician 7D Allison Wilson $76.11
Archaeological Technician 7C MacKennah Tweedt $74.29
Archaeological Technician 7A Brandon Brown $70.75
Archaeological Technician 7A Kimberly Gordon $70.75
Archaeological Technician 7A Claire Tatlow $70.75
Archaeological Technician 6D Claire Allen $69.02
Archaeological Technician 6D Laura Garcia $69.02
Archaeological Technician 6D Christina Hornbaker $69.02 Archaeological Technician 6D Christopher Lopez $69.02
Archaeological Technician 6D John Vilarino $69.02
Archaeological Technician 6C Alexander Amundsen $67.24
Archaeological Technician 6B Thomas Balmat $65.48
GIS/Graphics 9A Stella D'Oro $109.71
Administrative 9A Genevieve Headland $99.05
*rates escalate on July 1 each year.

RATES
Albion Environmental, Inc.

July 1, 2023*

Sacramento Orange Pasadena San Bernardino San Diego Temecula New York www.Bargas.com

2023

FEE SCHEDULE

Labor Categories

Principal ............................................................................................................................... $200.00 Senior Scientist ...................................................................................................................... $175.00 Scientist VI ............................................................................................................................. $165.00 Scientist V .............................................................................................................................. $150.00 Scientist IV ............................................................................................................................. $135.00 Scientist III* ........................................................................................................................... $125.00 Scientist II* ............................................................................................................................ $105.00 Scientist I* ............................................................................................................................... $95.00 Project Coordinator IV* ........................................................................................................ $125.00 Project Coordinator III* ........................................................................................................ $105.00 Project Coordinator II* ............................................................................................................ $95.00 Project Coordinator I* ............................................................................................................. $85.00 GIS Manager .......................................................................................................................... $150.00 GIS Specialist ......................................................................................................................... $125.00 Contract Manager* ............................................................................................................... $105.00

* Labor categories may be subject to overtime per California law

Other Direct Costs

Mileage ................................................................................................................... Current IRS Rate Subconsultants ............................................................................................................. Cost Plus 10% Record Search Fees ...................................................................................................... Cost Plus 10% Curation Fees .............................................................................................................. Cost Plus 10% Equipment Rental ....................................................................................................... Cost Plus 10% Reprographics & Reproduction ................................................................................... Cost Plus 10% Postage & Delivery ...................................................................................................... Cost Plus 10%

Blue Strike Consulting – Billing Rates 2023
NAME TITLE $/HR
Rich Swanson Climate & Energy Director $225
Sol Shepherd Climate & Energy Analyst $145
Sandrine Mallet Climate & Energy Analyst $145
Daianne Starr Climate & Energy Analyst $145

EFI Global, Inc. | 317 S. Isis Av enue, STE 207 | Inglewood, CA 90301 | PHONE 310.854.6300 | FAX 310.854.0199 | CSLB License N o. 885902

PERSONNEL HOURLY RATES
Title Hourly Rate
Contract Manager……………………………………………………………………………………………………… $250 Principal Geologist (PG) / Engineer (PE) / Consultant ..……………………………………….……...…………. $230 Certified Industrial Hygienist (CIH) …………………………………………………………………...……………. $195 Certified Safety Professional (CSP) ………………………………………………………………………..……… $195 Senior Geologist (PG) / Engineer (PE) / Environmental Scientist / Project Manager …………………..……. $180 Project Geologist / Engineer / Environmental Scientist / Manager …………………………………………….. $150 Qualified SWPPP Practitioner / Developer (QSP/QSD) ………………………………………………………… $150 Staff Geologist / Engineer / Environmental Scientist ………………………………………………......………... $125 Certified Asbestos Consultant (CAC) ……………………………………………………………………………... $110 Certified Lead Inspector/Assessor (LIA) / Project Monitor (LPM) / Supervisor ……………………………….. $110 Senior Environmental Technician …………………………………………….……………………………………. $100 Industrial Hygienist ………………………………………………………………………………………………...... $100 Certified Site Surveillance Technician (CSST) …………………………………………………………………… $100 Technical Illustrator / GIS Specialist / CAD Technician ….……………………………………………………… $75 Environmental Technician / Certified Lead Sampling Technician (LST) ……………….………………..……… $75 Project Coordinator ……..…………………………………………………………………………………..………. $70 Field inspections and work are charged on a po rtal-to-portal basis. Saturday and overti me hours are charged at rate plus 50% a fter 8 hours, and rate plus 100% after 12 hours. Sunday and expert witness testimony hours are charged at rate plus 100%. Excludes prevailing wage work.

EQUIPMENT AND MATERIALS
Item Rate Item Rate
PID (Photo Ionization Detector) $100/day Sound Level Meter $150/day FID (Flame Ionization Detector) $150/day Small Consumables $25/day Multi-Gas Meter (02, CO, H2S, LEL) $140/day EPA Method 5035 EnCore® Sampler $12/each Hand Auger Kit $50/day EPA Method 5035 Preservation Kit $20/each Slide Hammer $25/day Brass Sleeve and Caps $7/each
Solid Rod Soil Vapor Sampling Kit $700/day Sand (50lb bag) $15/each Roto-Hammer Drill $30/day Bentonite (50 pound bag) $15/each Concrete Coring $158/hour Concrete (60 pound bag) $15/each Soils Sieve Kit $40/day Asphalt Cold Patch (50 pound bag) $15/each X-Ray Fluorescence (XRF) Detector $650/day Polyethylene Sheeting (100-foot roll) $95/each Level A PPE By Quote 55-Gallon Drum $75/each
Level B PPE $85/day Disposable Bailer $12/each
Level C PPE $40/day Polyethylene Tubing $0.75/foot
Level D PPE Included Nylon/Teflon Tubing $1.00/foot
Power Generator (<3,000 watts) $55/day Tedlar® Bag (1 liter) $10/each Water/Interface Meter (100 foot) $40/day Vapor Probe Tip $12/each pH/ORP/Turbidity Meter $40/day Portable Weather Station $20/day Hand-held Vacuum Gauges (set) $10/day Summa® Canister (SIM Certified) $125/each Hand-held Anemometer $10/day Summa® Canister (Batch Certified) $100/each Air/Soil-Gas Sampling Pump $30/day Work Truck $100/day Atmospheric Dust Monitor (non-1466) $165/day Vehicle Mileage IRS Rate Groundwater Sampling Pump $150/day Subcontractor and Other Rental Services Cost+15%

2023 Hourly Billing Rates
Oakland and Los Angeles Offices

Managing Principal $325

Senior Principal $375

Principal $300

Executive/Senior Vice President $275

Vice President $255

Senior Technical Associate $275

Senior Associate $230

Associate $195

Research Analyst II $170

Research Analyst I $120

Production and Administrative Staff $120

Billing rates updated annually.

Hexagon 2023 Billing Rates
Professional Classification Rate per Hour
President $330
Principal $285
Senior Associate II $265
Senior Associate I $245
Associate II $220
Associate I $195
Planner/Engineer II $165
Planner/Engineer I $135
Admin/Graphics $120
Assistant Planner/Engineer $110
Technician $80

Direct expenses are billed at actual costs, with the exception of mileage, which is reimbursed at the current rate per mile set by the IRS.

Billing rates shown are effective January 1, 2023 and subject to change January 1, 2024.

EXHIBIT C
Activity Schedule
[RESERVED]

EXHIBIT D

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultan t, its agents, representatives, employees or subcontractors.

Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsemen ts affecting the coverage required by these specifications.

Commercial General Liability (CGL):

___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or th e general aggregate limit shall be twice the required occurrence limit.

_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,0 00,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

_X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.