Milpitas City Council
March 19, 2024

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE
CITY OF MILPITAS AND PRECISION K9
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 Precision K9, a Sole Proprietorship with its principal place of business at 33 Quail Way, Watsonville, CA 95076 (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:

Police Canine Acquisition and Training
(hereinafter referred to as “the Project”).

B. 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 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 Hundred Ninety-Five Thousand Dollars and Zero Cents ($195,000.00). 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

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2 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 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 July 1, 2024 to June 30, 2029, 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.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon the Effective Date. Consultant shall complete the services required hereunder within

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.

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3 9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer 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. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

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 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, employees, 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 related 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

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4 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 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 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

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5 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-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.

18. Organization
Consultant shall assign Jimmy Vanhove 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: City Manager
CONSULTANT:

Precision K9
33 Quail Way
Watsonville, CA 95076
Attn: Jimmy Vanhove
and shall be effective upon receipt thereof.

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6 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 contemporaneous 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 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,

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7 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, 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 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 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.

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8 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, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]

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9 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS
AND PRECISION K9
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:

Jared Hernandez, Chief of Police
PRECISION K9
Signature
Name
Title
Date

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10 EXHIBIT A
Scope of Services
The City of Milpitas Police Department typically operates with four (4) K9 teams.

Item No. 1: Acquisition of Canines
•Acquisition of up to three (3) police canines
Item No. 2: Maintenance Training
•16 hours of maintenance training per month.
•4 maintenance training sessions per month (4 hours per session). •Maintenance training sessions shall be within the City of Milpitas. •Maintenance training sessions on a day and time designated by the Milpitas Police Department K9 Unit. All sessions must be during the on-duty hours of the handlers. •Maintenance training sessions will involve the Milpitas Police Department K9 Units only. No other agencies are to be involved.
•Weekly K9 Training Email shall be completed by the trainer at the conclusion of each session. The report shall contain a summary of each K9 team’s performance during the training session and areas that need improvement. The report shall be emailed to the K9 Unit supervisor and the individual handlers.
•24/7 Phone and/or email support at no extra cost.
•Maintenance training rate based on a flat fee/rate and not a fee based on the number of K9 teams participating in the training.
•Remain in regular contact with the K9 Unit supervisors regarding the progress of each K9 team. •Assist in the selection of new handlers and new canines at no extra cost. •Provide training materials as needed (handouts, articles, multimedia, etc.) to handlers during maintenance training sessions.
•Provide helpers, decoys, and/or agitators for maintenance training sessions to enable handlers and their dog’s to receive the maximum amount of training time possible. •Provide maintenance training that is consistent with the training methods received during the current handler’s Basic K9 Handler course.

Item No. 3: Basic K9 Handler, Basic Narcotics K9 Handler, Basic Firearms Detection, and Basic Tracking Course
•Provide a 160-hour Basic K9 Handler, Basic Narcotic K9 Handler, Basic Firearms Detection, and Basic Tracking course for new canines.
•The Basic K9 Handler, Basic Narcotic K9 Handler, and Basic Tracking courses shall include classroom and field exercises.
•Provide training materials as needed (handouts, articles, multimedia, etc.) to handlers during maintenance training sessions and the Basic K9 Handler, Basic Narcotic K9 Handler and Basic Tracking course at no extra cost.
•Train all canine teams to meet the requirements of the Training Guidelines and Testing and Evaluation Guidelines listed in the California Peace Officer Standards and Training Law Enforcement Service Dogs Guidelines.
•In addition to the “core” training (obedience, search, apprehension, and handler protection), training shall also consist of tracking, evidence search, and tactical deployments during the Basic K9 Handler course and maintenance training sessions at no extra cost. •Narcotic detection dog maintenance training and/or tracking maintenance training shall be incorporated into the patrol maintenance training sessions for cross trained K9 teams.

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11 •The Basic K9 Handler, Basic Narcotic K9 Handler, and Basic Tracking courses and maintenance training sessions shall be taught by only one trainer in order to keep a consistency during training. •Low student to trainer ratio of no more than 1 to 4 during the Basic K9 Handler, Basic Narcotic K9 Handler, and Basic Tracking courses.

Item No. 4: AKC Canine Good Citizen Program
•Certify all K9 teams under the AKC Canine Good Citizen program.

Item No. 5: Additional Optional Maintenance Training
•4 hours of additional maintenance training per month.
•1 maintenance training sessions per month (4 hours per session). •Maintenance training sessions shall be within the City of Milpitas. •24/7 Phone and/or email support at no extra cost.
•Maintenance training rate based on a flat fee/rate and not a fee based on the number of K9 teams participating in the training.
•Trainer shall remain in regular contact with the K9 Unit supervisors regarding the progress of each K9 team.
•Provide training materials as needed (handouts, articles, multimedia, etc.) to handlers during maintenance training sessions.
•Train all K9 teams to meet the requirements in the California Peace Officer Standards and Training Law Enforcement Service Dogs Guidelines.
•In addition to the “core” training (obedience, search, apprehension, and handler protection), training shall also consist of tracking, evidence search, and tactical deployments. •Additional Optional Maintenance training sessions will involve the Milpitas Police Department K9 Units only. No other agencies are to be involved.

Additional General Requirements
•If a K9 team is unavailable due to calls for service or other extenuating circumstances, a make-up maintenance training session shall be made available to the K9 team at an agreed upon date and time.
•If the maintenance training session must be cancelled due to unforeseen circumstances, the K9 Unit supervisors and trainer shall reschedule the session on a mutually agreed upon date and time (but still during the handler’s on-duty hours) and will not forfeit the session. •The Milpitas Police Department shall reserve the right to cancel the training contract with the trainer at any time and not be subjected to any cancellation fees.

California Peace Officer Standards and Training
Law Enforcement Service Dogs Guidelines
POST has developed these guidelines for law enforcement agencies who have established service dog programs. These guidelines contain information to consider when addressing the broad range of issues related to the development and use of law enforcement service dogs.

Law enforcement agencies should establish well defined policies and procedures for the service dog program. The topics in the agency policies and procedures should include selection criteria of the dog, handler, veterinarian, and the department trainer, deployment and use of force, and minimum standards of certification and performance…

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12 Chapter 2 – Training Guidelines
Guideline #8: Training Policy
Agencies must select training programs that meet the department needs and are consistent with department policies. The agency training policies should at minimum include a required for participation in a law enforcement service dog basic training course and training that is designed to maintain the skills needed to work for the agency and to be certified.

The efficiency of any K-9 program is proportional to the quantity and the quality of training that the K-9 teams receive. Because a dog learns through repetition, it is necessary to continue the team’s training once “basic” training is completed. All training should be frequent, ongoing and structured to address the basic skills that a K-9 team is expected to perform.

The designated department trainer for basic and advanced K-9 team training should be a qualified and experienced law enforcement trainer who is familiar with California law enforcement policies and practices.

Guideline #9: Selection of the Agency Trainer
For a variety of reasons, it is important for agencies to carefully select who is going to be responsible for providing training. The selection criteria of agency trainers is critical to the success of the K-9 program.

Guideline #10: Basic K-9 Team Training
It is important for agencies to train the prospective K-9 team in the basics of the law enforcement service dog program. This foundation training will prepare the K-9 team for service through classroom instruction and simulation exercises.

The K-9 team should be tested at the conclusion of the basic training program and certified for service. The certification confirms the K-9 team successfully meets the department standards for use.

Basic K-9 training includes the following primary subjects: Obedience, agility, search, protection, apprehension, and other specialized areas if applicable (such as narcotics detection, tacking, evidence search, explosive detection, etc.). The basic K-9 training should also include other applicable subject areas.

Guideline #11: Maintenance Training For K-9 Teams
It is important for agencies to select training programs that meet the department needs and is consistent with department policies. The selected department trainer should be qualified and experienced law enforcement service dog trainer who is capable of training the team to meet the POST guidelines for certification.

Regular and ongoing maintenance training is necessary to ensure that the dog teams continue to meet department standards and POST guidelines. Continuous professional training is beneficial to further develop the dog teams. K-9 teams can prepare for incidents through training and simulation exercises.

Guideline #12: Training Documentation
Agencies should document the training of the K-9 team’s basic, maintenance, and continuing professional training for statistical accounting; to determine unit cost effectiveness; for remediation; to determine individual and K-9 unit training needs; to determine future department training needs, and for verification of K-9 team expertise.

All training should be thoroughly documented and filed in the K-9 team’s training file.

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13 Chapter 3 – Testing and Evaluation Guidelines
Guideline #13: Testing and Evaluation
The purpose of testing and evaluating within the law enforcement service program is to ensure that the K- 9 team can demonstrate the skills required for agency certification. The goal is to ensure the newly acquired and experienced K-9 teams meet or exceed minimum agency standard of performance.

The certification process should include the requirement for each K-9 team to demonstrate obedience, search, apprehension, and handler protection. In addition, other specialty dogs should be able to track, locate narcotics, firearms, and explosives as trained. The performance testing and evaluation is usually given at the conclusion of the K-9 team’s basic training. Certification should occur at least annually thereafter.

Milpitas Police Department Policy Manual – Canine Program 318.12 Training
Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified by the California Narcotic Canine Association (CNCA) or other recognized and approved certification standards established for their particular skills.

The canine coordinator shall be responsible for scheduling periodic training for all department members in order to familiarize them with how to conduct themselves in the presence of department canines.

All canine training should be conducted while on-duty unless otherwise approved by the canine coordinator or Watch Commander.
318.12.1 Continued Training
Each canine team shall thereafter be recertified to a current POST, CNCA or other recognized and approved certification standards on a semi-annual basis. Additional training considerations are as follows:
a. Canine teams should receive training as defined in the current contract with the Milpitas Police Department canine training provider and attend at least four (4) weekly training sessions each month.
b. Canine handlers are encouraged to engage in additional training with approval of the canine coordinator.
c. To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by this department.

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14 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 Hundred Ninety-Five Thousand Dollars and Zero Cents ($195,000.00).

Vendor Rate Sheet:
-K9 training $100/hour (16 hours monthly)
-Extra training $100/hour
-Patrol K9 school = $6000.00
-Tracking K9 school = $6000.00
-Detection school = $6000.00
-K9 (new dog) = BETWEEN $12,500.00 AND $15,000.00

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15 EXHIBIT C
Activity Schedule
[RESERVED]

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16 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 limit for bodily injury and property damage.

38077.00180\29167975.12 C2
17 ___ 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:
___ 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:
___ 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.

38077.00180\29167975.12 C2
18 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 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.

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.

38077.00180\29167975.12 C2
19 _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, 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.

38077.00180\29167975.12 C2
20 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 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, 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. 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:

38077.00180\29167975.12 C2
21 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.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive an Update on Storm Drain System Emergency Repairs and Improvements at Evans Road and Piedmont Creek and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/19/2024
Recommendation: (1) Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

Background:

Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Consistent with applicable State law and Council Resolution, on November 21, 2023, the Public Works Director declared an emergency and authorized the City to contract with local contractor, Able Construction Inc., for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Further, within the required timeframe the Public Works Director informed the City Council via the attached Information Memorandum on November 21, 2023 regarding the emergency authorization, the reasons for the authorization, and the cost for repair in the amount of $137,519.

Project Update(s):

Below is a current update on the status of the storm drain emergency repairs and improvements at Evans Road and Piedmont Creek.

The City entered into two agreements with Able Construction Group, Inc. (Contractor) on December 14 th, 2023 and December 18 th, 2023 for storm drain repairs and improvements at Evans Road and Piedmont Creek, respectively. Subsequently, the City issued a Notice to Proceed to the Contactor to commence work beginning December 18th, 2023.

Prior to any field activities taking place and consistent with Public Works standard procedures, the Contractor is required provide the City with a project schedule, submittals of approved materials and products to be used for the project as well as a traffic and pedestrian control plan, should any City right-of-way be impacted by the construction activities. The City and Contractor simultaneously conduct a project kick-off meeting.

The City conducted a kick-off meeting with the Contractor on January 17, 2024. This project has no anticipated impact(s) to the right-of-way therefore a traffic or pedestrian control is not required at this time. The Contractor

provided the City with submittals of products and materials to be used for both phases of the project, which the City has reviewed and approved. The contractor also provided the City with a preliminary schedule of construction activities for the Piedmont phase of the project, which commenced the week of February 12th.

The contractor substantially completed improvements at Piedmont Creek, per project plans and specifications, the week of February 20th. Work on storm drain improvements at Evans Road commenced the week of February 20th. Improvements at Evans Road are scheduled to be substantially complete the week of March 18th.

Upon completion of the Evans Road improvements, the City will perform a site walkthrough to ensure the improvements at both project locations have been completed per project plans and specifications and the project site(s) have been satisfactorily restored to pre-project conditions. The City will subsequently issue a punch-list for any outstanding items prior to deeming the project complete.

Fiscal Impact:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 3715 - Storm Drain System Rehabilitation Project will fund $137,519 for the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek. Funding source comes from the Storm Drain General Fund and Storm Drain Fund. As of March 6, 2024, the balance in CIP 3715 is $1,460,724.

California Environmental Quality Act:

The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

Recommendations:

1. Receive an update on the storm drain system emergency repairs and improvements at Evans Road and Piedmont Creek.

2. Determine by a four-fifths vote that the condition continues to constitute an emergency.

Attachment:

None

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute a Design Services Agreement with Callander Associates Landscape Architecture, Inc., for Metro Tango Subdistrict Park, Project No. 2023 (Staff Contact: Michael Silveira, Public Works - Engineering Division Manager, 408-586-3303)
Category: Consent Calendar-Community Development
Meeting Date: 3/19/2024
Recommendation: Approve and authorize the City Manager to execute a Design Services Agreement with Callander Associates Landscape Architecture, Inc (CALA) in the amount of $420,237.00 for Metro Tango Subdistrict Park, Project No. 2023.

BACKGROUND:

Metro Tango Subdistrict Park, Project No. 2023 (“Project”) is in the adopted 2024-2028 Capital Improvement Program. The Project provides for the design and construction of a new 4-acre park on two city-owned parcels at 1831 Tarob Court (“City Park Site 1”) and 1700 Sango Court (“City Park Site 2”) within the Tango Subdistrict of the Milpitas Metro Specific Plan. The two parcels are offset from one another and will be separated by the road extension of Sango Ct. (“Sango Extension”) that will connect to Tarob Ct. The first phase of the road extension was completed by the developer of 355 Sango Ct. in 2023, adjacent to City Park Site 2. The second phase of the road will be constructed by the developer (“Toll Brothers”) of GeoMax 2, a 2.2-acre development consisting of 43 townhome units located at 1905 Tarob Court, south of the City Park Site 1. Toll Brothers is anticipated to receive approval by the City Council for the planning entitlements in April in order to start the permitting phase for construction of the development.

City Park Site 1 will be located across the Toll Brothers’ development to the north and City Park Site 2 will expand the Augustus Rathbone Park, an existing 0.75-acre park located between Expedition Lane and Jubilee Drive. The South Milpitas Boulevard Road Extension, Project No. 2016 (“SMB Extension”) will extend over Penitencia Creek and through the City Park Site 1 to connect to Sango Extension. City staff is currently managing the environmental review, design, and permitting phase of SMB Extension which includes a vehicle bridge. In March 2022, the SMB Extension project was selected to receive a $3.0 million federal earmark through the Community Project Funding/Congressionally Directed Spending bill for the construction budget shortfall. The project is anticipated to start construction in 2026 pending approval of permits from regulatory agencies, acquisition of right-of-way from Valley Water District, the Toll Brothers’ development, and the authorization to bid the SMB Extension project from Caltrans, who administers the federal earmark requirements.

As part of the SMB Extension project, a bridge will be constructed over Penitencia Creek (“Creek”) to connect to Sango Extension. The bridge will be placed approximately two feet above the 100-year flood elevation of the Creek to comply with Valley Water’s freeboard requirement which is approximately 6 feet above the City Park Site 1 and Sango Extension. As the SMB Extension clears the southside of the creek, it will slope down to conform to Sango Extension. To ensure the park programing of the Project is integrated with both road extension projects, staff has obtained a landscape architect consultant to provide planning and design services.

ANALYSIS:

In January 2024, staff requested a proposal from six qualified landscape architect consultants to provide the planning design and construction support services for the Project. The City received and reviewed proposals from Gates and Associates, BFS Landscape Architects, and Callander Associates Landscape Architecture, Inc. (CALA). Proposals were reviewed based on the project team, project understanding, management approach, and similar past project experiences. Staff deemed CALA to be the most qualified firm and recommends contracting with CALA for the planning phase to determine the park programing through conceptual design, community outreach, and environment review. The work will allow for a better understanding of the scope of work and budget needs as the Basic Infrastructure Program of Transit Area Specific Plan estimates the Project budget of $4.15 million which seems to be undervalued. In comparison to the recent completed 4-acre Delano Manongs Park, the estimated construction cost for this Project could range between $6 million to $9 million depending on the outcome of the approved park programming.

Staff has negotiated a scope of services with CALA for a not-to-exceed fee of $420,237.00, which is considered reasonable for the service to be rendered on the project. The planning phase’s schedule is anticipated to take 18 to 24 months to complete. Upon the approval of the conceptual design and the CEQA from the Recreation, and Cultural Resources Commission and City Council, an amendment to the agreement with CALA would be required to start the preparation of the construction documents and provide bid and construction support which is estimated to be between $500,000 to $700,000. The construction of the park is anticipated to begin in 2027 after the completion of SMB and Sango Extension projects.

POLICY ALTERNATIVE(S):

Alternative 1: Not approving the design service agreement with CALA.

Pros: None
Cons: Not approving the design service agreement will delay the start of any community engagement effort, environmental review, and planning design for the park and will not be coordinated with Sango and SMB Extension projects.

Reason for Not Recommending: It is important to determine and coordinate the park programming with the design phase of Sango and SMB Extension projects. Postponing the planning phase will create a disconnect and prevent the necessary collaboration between the two projects and prolong the completion of the park.

FISCAL IMPACT:

There is sufficient funding available in the Project budget to approve the agreement. Additional funding will be requested during the budget process of the Capital Improvement Program in fiscal year 2024-25 for the design and construction services. There is sufficient funding in the TASP Fee fund balance to support the design phase of the Project. Funding source comes from TASP Impact Fees. As of March 14, 2024, the balance in CIP 2023 is $574,783.90.

Available Project Budget as of January 31, 2024 $ 576,000 Summary of Estimated Cost
Design Agreement $ 420,237
City Administration $ 155,763
Total Estimated Cost $ 576,000
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

As part of the CALA’s agreement, an environmental consultant will review and determine the environment impacts and prepare necessary studies to comply with the requirements of California Environmental Quality Act (CEQA). It is assumed that the proposed Project would not result in any new impacts not previously disclosed in the June 3, 2008 certified Transit Area Specific Plan Environmental Impact Report (TASP EIR) and February 7, 2023 Milpitas Metro Specific Plan Subsequent Environmental Impact Report (Metro SEIR).

Therefore, a new EIR is not anticipated under requirements and conditions of CEQA guideline Section 15162 and an Addendum to the TASP EIR and Metro SEIR will be allowed by CEQA guideline Section 15164 to address minor changes and additions of the Project.

RECOMMENDATION:

Approve and Authorize the City Manager to Execute a Design Services Agreement with Callander Associates Landscape Architecture, Inc (CALA) in the amount of $ 420,237.00 for Metro Tango Subdistrict Park, Project No. 2023
ATTACHMENT:

Attachment 1- Design Service Agreement

38077.00180\29175422.11 C2
1 CITY OF MILPITAS

DESIGN SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into as ________________, 2024 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
Callander Associates Landscape Architecture
, a
California Private Corporation
with its
principal place of business at
2025 Gateway Place, Suite 285, San Jose, CA 95110
(hereinafter referred
to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Designer
.

Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project
.

City desires to engage Designer to render such services for the Metro Tango
Subdistrict Park Project CP 2023
("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Designer.

3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.

3.1.2 Term.

The term of this Agreement shall be from
March 19, 2024
to
December 31, 2027
, unless earlier
terminated as provided herein. The City reserves the right to review the Designer’s performance at the end of each year and cancel all or part of the Agreement.

38077.00180\29175422.11 C2
2 3.2 Project Designer; Key Personnel.

3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Marie Mai (License No. PLA #5369) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows:

Firm Areas of Expertise and Scope of Work
Callander Associates Landscape
Architecture Prime Consultant, Landscape Design
CBG, Inc. Civil Design
RW Consulting Engineers Inc Structural Design
Aurum Consulting Engineers Electrical Design

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.

38077.00180\29175422.11 C2
3 3.3.2
Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Designer shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Designer’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law.

Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely

38077.00180\29175422.11 C2
4 responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto.

Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City.

3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a)
Compliance with Water Quality Laws, Ordinances and Regulations.

Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq
.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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5 (b)
Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. (c)
Liability for Non-compliance.
(i)
Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (ii)
Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (iii)
Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees.

Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be under Designer’s exclusive direction and control.

Designer shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Designer shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the

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6 City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds. Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) any act of God or other unforeseen occurrence not due to any fault or negligence on the part of Designer. Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays.

3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.8 Additional Designer Services.

3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall

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7 pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a)
Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b)
Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c)
Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated.
(d)
Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e)
Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f)
Damage Repair. Supervision of repair of damages to any structure. (g)
Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project.

3.9 City Responsibilities.

City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”).

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

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8 3.9.3
Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”).

City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The City Manager hereby designates
Matt Cano, Interim City Engineer,
or his or her
designee, as the City’s contact for the implementation of the Services hereunder. Designer shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Four
Hundred Twenty Thousand Two Hundred Thirty-Seven Dollars (
$420,237
) (“Total Compensation”).

This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference.

The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any

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9 such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000.00; and (5) other costs, fees and expenses in excess of $1,000.00.

3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the

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10 payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control.

3.10.6 Prevailing Wages. Designer is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. 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 $1,000 or more, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Designer shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Designer’s principal place of business and at the Project site.

Designer 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 of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer 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.

3.10.7 Registration. 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 Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer 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.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer 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 Designer or any subcontractor.

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11 3.11
Notice to Proceed.

Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause.

Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City.

When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer.

3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Designers. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the

38077.00180\29175422.11 C2
12 Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes:
(a)
The construction of all or part of this Project.
(b)
The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c)
The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein.

Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the

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13 Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Designer 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 persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.

Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’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, Designer’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 Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault.

3.15 Insurance.

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

3.16 Records.

Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

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

Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 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, Designer 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.

3.21 Asbestos Certification.

Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in Santa Clara County.

3.24 Exhibits and Recitals
.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

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15 Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

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

3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy.

A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Michael Silveira,
Public Works
–
Engineering Division Manager
DESIGNER:

Callander Associates Landscape Architecture, Inc
2025 Gateway Place, STE 285
San Jose, CA 95110
Attn: Marie Mai,
Principal
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

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

3.31 City’s Right to Employ Other Consultants.

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

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer 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 Designer, 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.

3.32.2 Conflict of Interest. 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.

3.33 Equal Opportunity Employment.

Designer 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 any other classification protected by federal or state law. 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. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

By its signature hereunder, Designer certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35 Wage Theft Certification.

3.35.1 Designer, 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.

3.35.2 BY SIGNING THIS AGREEMENT, DESIGNER 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 DESIGNER OR ITS SUBCONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. DESIGNER 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, DESIGNER 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

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

3.35.3 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 Designer or a subconsultant it employs to perform work under this Agreement has violated any applicable wage and hour law, or Designer learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Designer 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.

Designer 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 Designer or its subconsultant is subject to a payment or other alternative plan, the Designer 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.

3.35.4 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.

3.35.5 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.

3.35.6 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.

3.36 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.37 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.38 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any

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18 other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto.
[SIGNATURES ON FOLLOWING PAGE]

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19 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS
AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. (CALA) 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:

Gabrielle Tsang
Acting Director of Finance
Approved As To Content:

Matt Cano
Assistant City Manager/Interim City Engineer

CALLANDER ASSOCIATES LANDSCAPE

ARCHITECTURE
Signature
Marie Mai
Name
Principal
Title
Date

38077.00180\29175422.11 C2
1 EXHIBIT “A”
DESIGNER’S SCOPE OF SERVICES

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 5 SCOPE OF SERVICES
Items shown in boldface italics are deliverables. CALA shall prepare a meeting agenda prior to and distribute the meeting summary subsequent to all community meetings, staff meetings and teleconferences.

Assumptions include:
• Park design and CEQA clearance for two parcels: 1831 Tarob Court (APN 086-36-030) and 1700 Sango Court (APN 086-036-012); landscape strip and sidewalk design for north side of Sango Court extension and along northern frontage of 1700 Sango Ct; both off-site and on-site improvements and site demolition for 1700 Sango Ct will be shown in a single bid set. • Topographic field and boundary survey and geotechnical report for both parcels prepared under the direction of Carlson Barbee & Gibson (CBG) will be provided to CALA by the City for use in park design. Surveys and report recommendations will be at a level of detail suitable for final park design, and include park plan review by the geotechnical engineer to confirm park design conforms to their recommendations.
• Project design plans for Project 1 (Vehicle Bridge and S. Milpitas Blvd extension), Project 2 (Sango Ct extension), Geomax development at 1905 Tarob Ct, building and site demolition at 1831 Tarob Ct, and Risk Management Plan for 1831 Tarob Ct will be provided to CALA by the City for use in park design and coordination.
• CALA subconsultants to include:
a) Environmental documentation prepared by David J. Powers & Associates b) Site demolition at 1700 Sango Ct, and civil, stormwater, and utility design for both parcels by civil
c) Electrical and lighting design by Aurum Consulting Engineers d) Translation services for meeting notification flyers by NOW Interpreters • Typical park design elements are anticipated to include: parking lot, pathways, picnic areas, sports fields or courts, fitness stations, playgrounds, pre-fabricated restroom building (ie. Public Restroom Company), landscaping, irrigation, site furnishings, and utility improvements. These are not anticipated to result in any new or greater impacts than those identified in the Milpitas Transit Area Specific Plan Environmental Impact Report (EIR) and Supplemental Environmental Impact Report (SEIR); therefore our scope assumes the park project would be eligible for an Addendum to these documents.
• Atypical or custom-designed park elements such as a community center or gazebo; and/or electrical design for athletic field and street lighting are not anticipated at this time and could be provided as an additional service. City has confirmed that the existing building and site at 1700 Sango Ct is ‘clean’ and no hazardous materials testing is required.

TASK A: PROJECT ADMINISTRATION & COORDINATION – Planning Phase A.01 Kick-off Meeting: Kick-off the project with City staff to review project requirements and overall project goals. Prepare a written meeting summary documenting decisions made in the meeting.

A.02 Project Schedule: Prepare a Gantt chart project schedule with all key dates noted for tasks, subtasks, design milestones, review meetings and critical path shown. Schedule to be updated and provided with every major milestone submittal.

A.03 Project Administration: CALA will be the primary responsible party for managing the project’s schedule and contract budget. Coordinate with City staff in advance for plan review periods and progress meetings. Manage and coordinate with subconsultants and administer subconsultant contracts.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 6 SCOPE OF SERVICES

FAYETTE PARK, MOUNTAIN VIEW
This creation of a brand-new park requires significant public input. How then, to accomplish this in the middle of a pandemic? This was the challenge facing the San Antonio Mini Park project. CALA employed a variety of techniques, combining virtual meetings with ‘real time’ voting opportunities to create a fun and engaging forum for the public.

A,04 Review Meetings: Attend virtual design progress meetings with the City during the conceptual design and community outreach phases. See tasks C.01, C.03, C.07, C10, D.07, and F.03.

A,05 Public Hearings: Attend Parks, Recreation, and Cultural Resources Commission and City Council meetings. Assist staff in presenting the project slideshow and answering questions. See tasks D.06 and D.08.

TASK B: FIELD AND DOCUMENT INVESTIGATION
B.01 Topographic Survey: No services provided. CALA assumes the topographic survey provided by the City will have sufficient detail to enable final park design, including contours at one-foot intervals, spot elevations, tree locations, property lines, and visible and subsurface utilities for both park parcels.

B.02 Geotechnical Report: No services provided. CALA assumes the geotechnical investigation and report provided by the City will include design recommendations for pavements, stormwater treatment, earthwork and compaction, and park amenity foundations.

B.03 Document Review: Review background documents for the site including, but not limited to, topographic survey, park record drawings, geotechnical report, flood maps for Penitencia Creek, Parks & Recreation Master Plan, site demolition plans for 1831 Tarob Court, project design documents for adjacent developments, City standard details and City ordinances. As-built plans for Augustus Rathbone Park provided by the City will be reviewed during our site investigation to be verified against existing conditions. Prepare brief summary memo of findings and identify need for additional information if applicable.

B.04 Site Reconnaissance: Utilizing the City-provided topographic surveys, visit site to visually review apparent features and utilities; document approximate size and species of existing plants; photograph site and general vicinity for use in reviewing with Client, and to photo document existing conditions.

B.05 Tree Survey: Conduct site reconnaissance to document location, attach individual numbered tags, identify species, and size (DBH), and to visually assess the condition of existing trees, and to review

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 7 SCOPE OF SERVICES
the relationship of trees to the proposed improvements. Prepare a Draft Arborist Report for review to include an inventory of all trees within the project limits, and identify protected trees as defined by City code. The report will also include recommendations for pruning, health care, mitigation requirements, recommended removals and protection measures. Review City and environmental consultant comments, coordinate and prepare a Final Arborist Report to be included with the CEQA documents.

B.06 Development Plan Coordination: Coordinate with City staff and consultants from the adjacent development projects to identify design criteria, limitations, and considerations pertinent to the park design. Task includes 3 teleconference meetings to review and coordinate the project designs.

TASK C: PROGRAMMING/CONCEPTUAL PLAN
C.01 Staff Meeting: Review project goals, City-preferred materials, recreation and community service department programming priorities, and community outreach strategy and plan.

C.02 Community Meeting Materials: Prepare an opportunity and constraints plan to illustrate existing conditions, site context, constraints and potential amenities. Prepare a program images board to illustrate potential park amenities and features. Prepare draft presentation to include project background, process, input opportunities, and next steps.

C.03 Review Meeting: Preview the presentation with staff, solicit input and prepare a final Powerpoint to be presented at Community Meeting #1. Confirm meeting specifics including meeting format (virtual or in-person), materials to be presented, use of polling techniques and responsible parties. Make minor revisions based on City input.

C.04 Community Meeting #1: See task D.03.

C.05 Conceptual Plan Alternatives: Meet with City in a teleconference call to debrief meeting outcome and obtain direction for proceeding with conceptual designs. Based on input from the community and City staff, prepare three concept alternatives. For maximum graphic clarity, these will be large format, hand drawn, color rendered plans prepared at 1” = 20’. The plans will capture the Penitencia Creek Bridge and roadway extensions for context. Images of existing conditions, potential park amenities, materials, and finishes will be provided to supplement the concepts.

C.06 Cost Estimate: Prepare an estimate of probable construction costs for each concept.

C.07 Review Meeting: Present the alternatives and estimates to City staff and identify revisions. Make minor refinements.

C.08 Community Meeting #2: See task D.04.

C.09 Preferred Conceptual Plan: Prepare the preferred plan and supporting images per community and staff input. Update the cost estimate accordingly. Review grading coordination plan for 1831 Tarob Ct and provide input in getting the site prepared and to an appropriate condition and rough grade elevation.

C.10 Teleconference: Engage in teleconference meeting to review meeting outcome and confirm direction for proceeding with a single preferred park plan.

C.11 Community Meeting #3: See task D.05.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 8 SCOPE OF SERVICES
31ST AND ALUM ROCK PARK, SAN JOSE
CALA worked with the City of San Jose to lead the bi-lingual community outreach processe, prepare construction documents and provide bidding and construction support services for development of this two acre public park.

Amenities include inclusive tot and youth play areas, central picnic pavilion, dog park, and community garden unified by a starburst thematic motif that was inspired and selected by the community.

TASK D: COMMUNITY OUTREACH
D.01 Outreach Plan: Prepare an outreach plan summarizing the outreach strategy with the community and stakeholder groups. Outline meetings, meeting format, location, tentative dates, roles and responsibilities, purpose, and desired outcome. Review with staff as part of task C.01. Anticipated strategies and deliverables for getting the word out beyond the typical City website and social media posts include but are not limited to:
• On-site poster: Reformat from the flyer at 24x36 size in weather-resistant material and post at Augustus Rathbone Park and on fence at each parcel
• Door hangers: Reformat from the flyer and distribute to adjacent businesses (a dozen max) • Stakeholder Outreach: E-mail flyer to stakeholders such as Valley Water District and representatives of adjacent development teams, among others
• Flyer: Drop off and/or post at adjacent apartment building offices or clubhouses as allowed by property manager (a dozen max)
D.02 Meeting Notification Flyers: Prepare a meeting notification flyer for Community Meetings #1a and 1b and update twice. Coordinate with translator to develop each flyer in four languages: English, Spanish, Vietnamese, and Chinese. Share flyer to City social media network to maximize exposure of the project to the community. Submit in pdf and jpg format for City to reproduce and mail.

D.03 Community Meetings #1a and 1b: In collaboration with City staff, present the project to the community and stakeholders at an in-person as well as separate virtual meeting. Evaluate opportunities for holding the in-person meeting at the site and incorporating a pre-meeting site walk to encourage community interest in the project and better understand the unique site constraints. Prepare on-line survey via SurveyMonkey. Hosting both an in-person as well as virtual meeting and on-line survey helps maximize outreach to the community at the project outset by accommodating community members with schedule conflicts and limited availability. Share imagery of possible improvements to stimulate discussion and help educate the public about possible uses that fit the scale of the parcels. Utilize Poll Everywhere to engage attendees with live audience interaction. Document public input.

D.04 Community Meeting #2: Present the alternatives to the public in an in-person as well as separate

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 9 SCOPE OF SERVICES
virtual meeting and solicit input on desired refinements to achieve a single preferred alternative. Poll attendees to determine which alternative is most preferred. Document public input. Prepare on-line survey via SurveyMonkey to maximize input.

D.05 Community Meeting #3: Present the preferred alternative to the public in a virtual meeting and solicit input on desired refinements. Hosting this as a virtual meeting maximizes convenience and makes participation easiest for community members. Poll attendees to determine how the plan can be improved. Document public input.

D.06 Parks, Recreation, & Cultural Resources Commission Meeting/Community Meeting #4: Prepare a slideshow presentation highlighting the three alternatives and how they evolved into the preferred plan. Include highlights from the expressed preferences of the community. Furnish the City with electronic file for use in presentation. Assist staff in presenting the project to the Commission.

D.07 Preferred Concept Refinement: Engage staff in a post-Commission meeting debrief and strategize upcoming Council presentation. Revise presentation materials as warranted in response to input provided by the Commission.

D.08 City Council Meetings #1 and #2: Update the slideshow presentation made to PR&CR to capture Commission input and furnish to staff for use in presentation. Assist staff in presenting the project to Council.

TASK E: ENVIRONMENTAL CLEARANCE
E.01 Technical Studies: Prepare technical studies including the following:

A Health Risk Assessment will be prepared to evaluate air quality issues due to the project’s proximity to existing residential uses, consistent with the Milpitas Metro Specific Plan SEIR.

The analysis on biological resources will be based in part on the Biological Resources Report prepared for the S. Milpitas Blvd Bridge project prepared by H.T. Harvey and Associates.

Because the two existing buildings on-site are less than 50 years old, only a literature review and qualitative discussion for cultural resources is required.

The analysis on hazards and hazardous materials will be based on the Risk Management Plan and information provided by the City for the 1831 Tarob Court site and a Phase 1 Environmental Site Assessment to be completed for the parcel at 1700 Sango Court.

A Hydraulic Impact Analysis will be prepared to address the potential for the project to impede or redirect flood flows due to the site being located in special hazard flood zones AO and A.

A noise study utilizing the noise monitoring survey results from the S. Milpitas Blvd Bridge project will be completed to evaluate noise impacts from construction and operation of the park.

Because the proposed park is considered a local-serving use under the City’s Vehicle Miles Travelled policy, a detailed traffic study is not required and transportation impacts will be valuated qualitatively.

E.02 Initial Study Checklist/Addendum: Prepare a draft and final Initial Study/Addendum consistent with the requirements of CEQA and the City. Include a project description, discussion of consistency with applicable plans and policies, the CEQA environmental checklist, and an explanation of project effects and mitigations. Prepare Mitigation Monitoring and Reporting Program and draft Notice of

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 10 SCOPE OF SERVICES
Determination. Attendance by the environmental consultant at up to one public hearings and one project meeting is included in this task.

TASK F DESIGN DEVELOPMENT
F.01 50% Design Development Submittal: Prepare 50% design development plan package. Furnish staff with a full size hard copy of the plan package. Plans will be prepared at 1”=20’ scale on 24x36 inch sheet size, or per the City’s standard title block. The 50% plan package will include:
• Cover sheet (1 sheet)
• Existing Conditions plan (1-2 sheets)
• Demolition plan (1-2 sheets)
• Tree protection, pruning, and removal plan (1-2 sheets) • Grading and drainage plan (2 sheets)
• Site construction plan (2 sheets)
• Irrigation plan (2 sheets)
• Planting plan (2 sheets)
• Stormwater management plan (1-2 sheets)
• Utility plan (1-2 sheet)
• Electrical plan (1-2 sheets)
• Restroom plan and elevations (2 sheets)
• Technical specifications table of contents (in CSI format) • Design development booklet showing proposed finishes, equipment, colors, irrigation equipment, and plant palette
F.02 Cost Estimate: Prepare a cost estimate to a 50% level for the proposed improvements and include it in the 50% design development plan package.

F.03 Review Meeting: Present the plan and estimate to City staff and identify any needed refinements.

Prepare a written meeting summary documenting the decisions made in the meeting.

TASK G: REIMBURSABLE EXPENSES
Reimbursable expenses include printing and reproductions, postage and delivery, mileage, travel expenses, testing and outside services, the communications and insurance surcharge, and other project related expenses noted in the Standard Schedule of Compensation. Printing and reproductions include hard copy plots for in-person meetings as well as documents for in-house reference during design.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 15 SUBCONSULTANT PROPOSALS - DJPA

Metro Tango Subdistrict Park Project
CEQA Scope of Work
March 1, 2024

Primary Contact
The primary David J. Powers & Associates, Inc. (DJP&A) contact information is provided below.

Name: Carolyn Mogollon
Direct: (408) 454-3437
Email: [email protected]

Project Understanding
The approximately 3.5-acre project site includes two noncontiguous parcels (APNs 086-36-030 and 086-36-012) located at 1831 Tarob Ct and 1700 Sango Ct in the City of Milpitas. Each parcel is currently developed with industrial buildings, surface parking, and landscaping.

The City is seeking proposals for design services and construction support for a new park. This scope assumes the future park would include a vehicle parking lot, pedestrian lighting, picnic areas, sports field or courts, fitness stations, playgrounds, restroom, pathways, landscaping and irrigation, site furnishings, and utility improvements. No athletic field lighting is proposed by the project.

Scope of Services
David J. Powers & Associates, Inc. (DJP&A) will prepare an Initial Study/Addendum for the Metro Tango Subdistrict Park project. This scope assumes that the project would not result in any new or greater impacts than those identified in the Milpitas Transit Area Specific Plan Environmental Impact Report (EIR) and Milpitas Metro Specific Plan Supplemental Environmental Impact Report (SEIR) and would be eligible for an Addendum to these documents. If it is determined that the proposed project would result in a new or substantially greater impact, an Initial Study/Mitigated Negative Declaration could be prepared and circulated under a separate scope of work.

Our scope includes preparation of the Initial Study/Addendum, preparation of a draft Notice of Determination, attendance of meetings and hearings, and project management and contract administration. These tasks are described below.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 16 SUBCONSULTANT PROPOSALS - DJPA
Initial Study/Addendum
DJP&A will prepare an Initial Study/Addendum consistent with the requirements of the California Environmental Quality Act (CEQA) and the City of Milpitas. The Initial Study/Addendum will include a project description, discussion of consistency with applicable plans and policies, and a section that includes a description of existing conditions on the site, the CEQA environmental checklist, and an explanation of project effects and mitigations.

Based upon our current understanding of the project, we anticipate the key environmental issues for the project will include the following resources:

• Air Quality. The primary air quality issues associated with the project would be health risk impacts to nearby sensitive receptors associated with project construction. Based on the size of the project, construction-related and operational criteria air pollution emissions would be below the Bay Area Air Quality Management District’s (BAAQMD) screening thresholds (10 acres for construction emissions and 175 acres for operational impacts) and, therefore, are assumed to be less than significant. Consistent with Mitigation Measure AQ-9 in the Milpitas Metro Specific Plan SEIR, a Health Risk Assessment would be prepared by Illingworth & Rodkin, Inc., under contract to DJP&A, due to its proximity to existing residential uses (within 1,000 feet). Measures necessary to reduce construction exhaust emissions or cancer risks will be identified in the Initial Study/Addendum.

• Biological Resources. The project site contains mature trees and is adjacent to Penitencia East Channel. This scope assumes that no construction would occur within or adjacent to the channel and an encroachment permit from Valley Water will not be needed. The Initial Study/Addendum will describe the potential for the project to result in impacts to biological resources, including riparian habitat, trees, nesting birds, and special status species. This analysis will be based in part on the Biological Resources Report prepared for the South Milpitas Boulevard Bridge project by H.T. Harvey and Associates. This scope assumes that a survey of on-site trees including the species present and trunk diameter would be completed under separate contract and provided to DJP&A.

• Cultural Resources. The project would demolish two existing buildings (1831 Tarob Court and 1700 Sango Court), which due to their age (less than 50 years old), do not require historic resource evaluation under CEQA. The Initial Study/Addendum will describe the potential for the project to impact archaeological resources based on a literature review prepared for the South Milpitas Boulevard Bridge project. Mitigation measures will be identified to reduce cultural resources impacts to a less than significant level, as necessary.

Pursuant to Public Resources Code Section 21080.3.1, notification of tribes under AB52 is required for non-exempt projects resulting in a Negative Declaration, Mitigated Negative Declaration, or EIR. As discussed above, this scope assumes the project would qualify for an Addendum to the Specific Plan EIR. For this reason, preparation of a tribal notification letter and tribal consultation meeting attendance would not be required, and this scope does not include such work.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 17 SUBCONSULTANT PROPOSALS - DJPA
• Hazards and Hazardous Materials. The project site is located adjacent to and developed with industrial uses. The Initial Study/Addendum will discuss the potential for the project to result in hazardous material impacts based on information provided by the City for the 1831 Tarob Court site and a Phase I Environmental Site Assessment (ESA) to be completed for the parcel at 1700 Sango Court. A Risk Management Plan was completed and deed restrictions were established for the property at 1831 Tarob Court in 2020 by the Regional Water Quality Control Board (RWQCB) which identify the location of contamination, soil and groundwater management requirements, requirements for future development projects, and restrictions on future land uses. This scope assumes the proposed project would adhere to the Risk Management Plan and deed restrictions and, as a result, no further hazardous material analysis for the property at 1831 Tarob Court is necessary.

Phase I ESA would be prepared by Mc Closkey Consultants, Inc., under contract to DJP&A for the parcel at 1700 Sango Court. The Phase I ESA would include a review of background documentation, interviews, a site reconnaissance, and a review of site records. Mitigation measures will be identified to minimize significant hazardous materials impacts, as appropriate.

• Hydrology. The project site is located in Special Hazard Flood Zones AO and A and is subject to the design requirements of Section XI-15 of the Municipal Code. The Initial Study/Addendum will address the potential for the project to impede or redirect flood flows based on a Hydraulic Impact Analysis prepared by Schaaf & Wheeler, under contract to DJP&A. Mitigation measures will be identified to minimize significant hydrology and water quality impacts, as appropriate.

• Noise. Construction and operation of the proposed park could result in noise impacts.

Therefore, a noise study will be completed for the project by Illingworth & Rodkin under contract to DJP&A. The noise study will utilize the noise monitoring survey results from the South Milpitas Boulevard Bridge project to establish existing ambient noise environment.

Noise generated by project construction and operation will be calculated at nearby land uses. Project-generated noise levels will be compared to the applicable regulatory criteria and to existing ambient levels. Mitigation measures will be identified to minimize significant noise impacts, as appropriate.

• Transportation. According to the City’s Vehicle Miles Traveled (VMT) policy, projects meeting specific trip generation, land use, affordability, or transit proximity criteria are presumed to result in a less than significant VMT impact and do not require a detailed VMT analysis. The proposed park is considered a local-serving use under the City’s VMT policy and does not require preparation of a detailed VMT policy. DJP&A will qualitatively evaluate the project’s transportation impacts and describe the project’s conformance with the City’s VMT policy screening criteria in the Initial Study/Addendum.

Once the project description (e.g., proposed park facilities, hours of operation, etc.) is finalized, DJP&A will prepare the Administrative Draft Initial Study/Addendum and submit an electronic copy of the document to the City for review and comment. DJP&A will then revise the document based on comments received from the City and submit an electronic copy of the document to the City for

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 18 SUBCONSULTANT PROPOSALS - DJPA
final review and comment. This scope of work assumes two rounds of review by the City. DJP&A will provide the City with up to five hard copies of the Initial Study/Addendum and a PDF of the document for posting on the City’s website.

Draft Notice of Determination
DJP&A will prepare a draft Notice of Determination (NOD) in conformance with the CEQA Guidelines and the City of Milpitas requirements. The draft NOD will describe the proposed project, present findings related to the environmental conditions, and include a copy of the Initial Study/Addendum and mitigation measures to support the findings. The scope assumes the City will file the NOD at the State Clearinghouse and County after project approval.

Preparation of Mitigation Monitoring and Reporting Program In accordance with state law and CEQA Guidelines, DJP&A will draft a Mitigation Monitoring and Reporting Program (MMRP) which will include a list of all mitigation measures from the Milpitas Transit Area Specific Plan EIR and the Milpitas Metro Specific Plan SEIR that are applicable to the proposed project. The MMRP will also identify when mitigation measures will be implemented, who will be responsible for implementing them, and who will provide oversight. The draft MMRP will be submitted to the City with the screencheck Initial Study/Addendum.

Meetings and Hearings
This scope of work includes DJP&A attendance at up to one project meeting and one public hearing (e.g., one Planning Commission hearing or one City Council hearing). DJP&A can attend additional public hearings or meetings requested on a time and materials basis.

Project Management and Contract Administration
DJP&A will provide general project management, contract administration, and coordination with the City and project team throughout the Initial Study/Addendum process. The DJP&A Project Manager will coordinate with the City on a regular basis using email and telephone communications.

Estimated Schedule
DJP&A proposes the following optimum schedule for preparation of the Initial Study/Addendum.

DJP&A can commit to maintain the schedule in the areas that are within our control. Completion of the Initial Study/Addendum, as outlined in the schedule below, is based upon receipt of project information listed on the following page in accordance with the schedule. Delays in receiving requested information or responses by others will result in at least day-for-day delays in the overall schedule.

• Hazards and Hazardous Materials. The project site is located adjacent to and developed with industrial uses. The Initial Study/Addendum will discuss the potential for the project to result in hazardous material impacts based on information provided by the City for the 1831 Tarob Court site and a Phase I Environmental Site Assessment (ESA) to be completed for the parcel at 1700 Sango Court. A Risk Management Plan was completed and deed restrictions were established for the property at 1831 Tarob Court in 2020 by the Regional Water Quality Control Board (RWQCB) which identify the location of contamination, soil and groundwater management requirements, requirements for future development projects, and restrictions on future land uses. This scope assumes the proposed project would adhere to the Risk Management Plan and deed restrictions and, as a result, no further hazardous material analysis for the property at 1831 Tarob Court is necessary.

Phase I ESA would be prepared by Mc Closkey Consultants, Inc., under contract to DJP&A for the parcel at 1700 Sango Court. The Phase I ESA would include a review of background documentation, interviews, a site reconnaissance, and a review of site records. Mitigation measures will be identified to minimize significant hazardous materials impacts, as appropriate.

• Hydrology. The project site is located in Special Hazard Flood Zones AO and A and is subject to the design requirements of Section XI-15 of the Municipal Code. The Initial Study/Addendum will address the potential for the project to impede or redirect flood flows based on a Hydraulic Impact Analysis prepared by Schaaf & Wheeler, under contract to DJP&A. Mitigation measures will be identified to minimize significant hydrology and water quality impacts, as appropriate.

• Noise. Construction and operation of the proposed park could result in noise impacts.

Therefore, a noise study will be completed for the project by Illingworth & Rodkin under contract to DJP&A. The noise study will utilize the noise monitoring survey results from the South Milpitas Boulevard Bridge project to establish existing ambient noise environment.

Noise generated by project construction and operation will be calculated at nearby land uses. Project-generated noise levels will be compared to the applicable regulatory criteria and to existing ambient levels. Mitigation measures will be identified to minimize significant noise impacts, as appropriate.

• Transportation. According to the City’s Vehicle Miles Traveled (VMT) policy, projects meeting specific trip generation, land use, affordability, or transit proximity criteria are presumed to result in a less than significant VMT impact and do not require a detailed VMT analysis. The proposed park is considered a local-serving use under the City’s VMT policy and does not require preparation of a detailed VMT policy. DJP&A will qualitatively evaluate the project’s transportation impacts and describe the project’s conformance with the City’s VMT policy screening criteria in the Initial Study/Addendum.

Once the project description (e.g., proposed park facilities, hours of operation, etc.) is finalized, DJP&A will prepare the Administrative Draft Initial Study/Addendum and submit an electronic copy of the document to the City for review and comment. DJP&A will then revise the document based on comments received from the City and submit an electronic copy of the document to the City for

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 19 SUBCONSULTANT PROPOSALS - DJPA

Task Duration of
Task Time Elapsed

1. DJP&A receives authorization to proceed and
requested information --- --

2. DJP&A drafts project description and provides it to City for review 1 week 1 week

3. City reviews project description, provides comments to DJP&A 1 week 2 weeks

4. DJP&A subconsultants complete Air Quality,
Hydrology, and Noise Analyses, and Phase I ESA. 6 weeks 8 weeks

5. DJP&A prepares and submits draft Initial
Study/Addendum to City 3 weeks 11 weeks

6. City completes review of draft Initial Study/Addendum and provides DJP&A with consolidated comments in
tracked changes
4 weeks 15 weeks

7. DJP&A revises draft Initial Study/Addendum based on
City comments and submits Screencheck Initial
Study/Addendum and draft MMRP and NOD for City
review
2 weeks 17 weeks

8. City completes review of Screencheck Initial
Study/Addendum and draft MMRP and NOD and
provides DJP&A with comments in tracked changes
2 weeks 19 weeks

9. DJP&A finalizes Initial Study/Addendum, MMRP, and
NOD and submits to City. 1 week 20 weeks

10. 30-day circulation period for IS 4 weeks 2 4 weeks

11. City provides DJP&A with comments received on Initial Study/Addendum (if any) 0.5 weeks 24.5 weeks

12. DJP&A prepares administrative draft Response to
Comments Memorandum to City for review 2 weeks 26.5 weeks

13. City reviews the Response to Comments Memorandum
and provides DJP&A with consolidated comments in
tracked changes
2 weeks 28.5 weeks

14. DJP&A finalizes Response to Comments Memorandum 1 week 29.5 weeks Total +/- 29.5 weeks

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 20 SUBCONSULTANT PROPOSALS - DJPA
Project Information Required
Our scope (including schedule) are based on the assumption that we will receive the below project information concurrent with the authorization to proceed. This scope also assumes DJP&A will be provided with any and all revisions to the plan set/project description in a timely manner. If DJP&A completes work based upon an obsolete or inaccurate plan set/project description, the environmental review schedule and potentially DJP&A’s budget may increase, due to additional time required to revise the document and the need for possible updates to technical reports.

Project Plan Set (in PDF)
□ Site Plan
□ Landscaping Plan
□ Stormwater Control Plan
□ Utility Plan
□ Grading plan
□ Parking and circulation plan
□ Building elevations/cross-sections (if available)
□ Lighting plan
□ Renderings (if available)

Project Details
□ Construction air quality and noise worksheet (DJP&A to provide) □ Construction duration, including any phasing information □ Maximum depth of excavation (feet),
□ Total amount of cut and fill (cubic feet)
□ List of any noise-generating mechanical equipment
□ Description of any off-site (e.g., utility or right-of-way) improvements □ Green building measures, LEED, or Greenpoint certification details □ List of Best Management Practices to conform to Provisions C.3 of the NPDES permit

Technical Reports
□ Tree Survey

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 23 SUBCONSULTANT PROPOSALS - AURUM

February 29, 2024

Ms. Marie Mai, Principal
Callander Associates
2025 Gateway Place, Suite 285
San Jose, CA 95110

Re: REVISED - City of Milpitas New Community Park – 50% Design Development.

Milpitas, CA
AURUM No. 24-014.00

Dear Marie,

We are pleased to have this opportunity to provide a proposal for the Electrical Design portion of the referenced project. Our scope of work is based on a review of the RFP provided for the proposed new City Park. Please note that Traffic Light Design, Street Lighting, or Sports Court Lighting is not included in our scope. In addition, if any telecom service with wireless access points is required, it will be a separate scope of service. PG&E Design/Scope ahead of the PG&E Service Meter is not included in this scope.

We propose to provide 50% Design Development drawings and specifications. Please note Construction Documents are not included in this scope.

Our Scope of Work will include the following:

a. Coordination with Utility Companies (PG&E).
b. Load Calculations and Single Line Diagram.
c. Electrical Service and Distribution. (including to new Modular Restroom Building). d. Exterior Lighting and Control.
e. Photometrics for Exterior Lighting.
f. Power and Lighting Plans for 50% Design Development. g. Green Building Standards Code Compliance Assistance for required measures. h. Coordination with Water Play Area and Scoreboard Manufacturer. i. Electrical Specifications.
j. Site visit to establish existing conditions to the extent necessary to accomplish the electrical design.
k. Cost Estimate/Opinion of probable cost.
l. (2) Meetings.

Our total fee for 50%/Design Development: $9,200

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 24 SUBCONSULTANT PROPOSALS - AURUM

Not included in our basic scope of work:

a. Final PS&Es.
b. Electrical Utility Design (power, telephone & cable TV) beyond the Project property lines (in public right of way).
c. Street lighting or control.
d. Data Cabling (or active electronics).
e. Telephone Cabling (or telephone switch design).
f. Wireless Access Connectivity Survey/Mapping.
g. Fire Alarm System Design.
h. Paging / Local Sound System Design.
i. Title 24 Calculations.
j. Title 24 Commissioning.
k. Title 24 certification, testing and documentation.
l. Green Building Code (Cal Green) voluntary measures.
m. Mechanical controls.
n. Emergency Generator Design.
o. Fire Pump Design.
p. Photovoltaic System Design/Battery Energy Storage System Design. q. Security System Design.
r. CCTV System Design.
s. Power Coordination Study etc.
t. Preparation or review of energy rebate applications. u. LEED Certification.
v. Value Engineering Reviews.
w. Design using Revit or other BIM software.
x. Structural Calculations.

2024 Hourly Rate Schedule

Engineering Director $ 230.00/hr.

Senior Project Manager $ 206.00/hr.

Project Manager $ 199.00/hr.

Electrical Designer $ 189.00/hr.

CADD Manager/ Drafter $ 147.00/hr.

Drafter $ 126.00/hr.

All drawings, details, specifications, reports, calculations and etc. are the property of Aurum Consulting Engineers Monterey Bay, Inc. Aurum Consulting Engineers Monterey Bay, Inc. grants a one-time non- exclusive license for one time use on this specific project for the engineering work covered by this agreement and may not be used by the Client for any other endeavor without written consent.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 25 SUBCONSULTANT PROPOSALS - AURUM

The above proposed fee does not include fees assessed by agencies as a result of obtaining information, plans, existing conditions, etc. in order to accomplish our Scope of Work. These will be considered out- sourced expenses should they occur.

Additional compensation will be requested when:

• Revisions are requested after the substantial completion of the documents. • It is necessary to review change orders not initiated by or as a result of our design. • When additional work not in the scope of work listed above (included services) is requested.

Agreement Terms

An invoice for Aurum Consulting Engineers services will be submitted monthly. Invoices are payable within 30 days after the invoice date.

Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney’s fees.

If the client objects to any portion of the invoice, the Client shall notify Aurum Consulting Engineers in writing within ten calendar days of receipt of invoice. The Client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute.

Any claims or disputes arising between Aurum Consulting Engineers Monterey Bay Inc. and the Client shall be submitted to non-binding mediation. The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Aurum Consulting Engineers Monterey Bay Inc., Aurum Consulting Engineers Monterey Bay Inc.’s officers, directors, employees, agents and sub consultants from and against all damage, liability and costs, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities, or costs attributed to the sole negligence or willful misconduct of Aurum Consulting Engineers Monterey Bay Inc.

In recognition of the relative risks, rewards and benefits of the project to both Aurum Consulting Engineers Monterey Bay Inc. and the Client, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Aurum Consulting Engineers Monterey Bay Inc.’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed Aurum Consulting Engineers Monterey Bay Inc. Insurance coverage in effect on the contract date. Such causes include, but are not limited to, Aurum Consulting Engineers Monterey Bay Inc. negligence, errors, omissions, strict liability, breach of contract or breach of warranty.

This agreement may be terminated upon giving written notice by the Client or Aurum Consulting Engineers Monterey Bay Inc. should the other fail to perform its obligation hereunder. In the event of termination, the Client shall pay Aurum Consulting Engineers Monterey Bay Inc. for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Any litigation between the parties shall be adjudicated in the County of Monterey, California.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 26 SUBCONSULTANT PROPOSALS - AURUM

Payment of invoices is in no case subject to unilateral discounting or set-offs by the Client and payment is due regardless of suspension or termination of the Agreement by either party.

We trust that the above is in agreement with your understanding of our participation in this project and meets with your approval. We are most interested in your input and if there is something about our proposal which needs further explanation or if you would like to make adjustments in the scope-of-work please contact us.

Please acknowledge your acceptance of this proposal by signing this letter below and returning a copy to us. This Proposal and pricing will expire in 90 days if written agreement is not received.

Sincerely,

Najib Anwary, P.E., LEED AP (BD+C)
Sr. Project Manager
Aurum Consulting Engineers

Accepted:

________________________________ ________________________________ Signature Printed Name

________________________________ ________________________________ Title Date

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 27 SUBCONSULTANT PROPOSALS - CBG
2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com

CIVIL ENGINEERS I SURVEYORS I PLANNERS
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Job No.: 3648-020
Revised: February 29, 2024
Proposal to Provide
Civil Engineering Services
Metro Tango Subdistrict Parks Project
(CIP 2023)
Milpitas, California
Description of Work
I. Planning Phase
A. Project Administration and Coordination

1. Coordinate with project team on th e feasibility study and conceptual design/design development.

2. Attend design progress meetings with project team and City as requested.

B. Field and Document Investigation

1. Research and review existing City mate rial and as-builts provided for the existing street, utility, and adjacent park improvements. Coordinate with City regarding proposed GeoMax 2 street improvements.

2. Conduct supplemental topographic surv ey of existing improvements and utilities to identify additional constrai nts and facilitate engineering design, including contours at one-foot interval s, spot elevations, tree locations, property lines, and visible and subsurface utilities for both park parcels.

C. Programming / Conceptual Plan

1. Coordinate with project team on the development of project concept plans.

Evaluate and analyze existing s ite constraints and development opportunities.

2. Review concept plan alternatives and prepare preliminary grading and drainage studies. Identify elevations and relationships required for drainage and along property edge conditions.

3. Review existing drainage conditions and prepare preliminary calculations to identify stormwater control requirements and proposed stormwater quality treatment measures.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 28 SUBCONSULTANT PROPOSALS - CBG

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Revised: February 29, 2024

Description of Work

4. Review existing utility c onditions and prepare preliminary utility layouts for sanitary sewer, water and storm drain systems facilities.

5. Assist with preparation of quantity/cost estimates for concept plans.

D. Community Outreach (N.I.C.)

E. Environmental Clearance (N.I.C.)

F. Design Development (50% Design)

1. Prepare a set of site Improvement Plans in accordance with City of Milpitas requirements based on the preferred park plan.

Design Development Improvement Plans to include (but not limited to) the following sheets:

 Title, General Notes, and Index
 City Notes
 City Details
 Project Details and Specifications
 Existing Site Conditions
 Demolition Plan
 Overall Utility Plan
 Fine Grading and Drainage Plan
 Utility Profiles / Crossing Details
 Stormwater Treatment Plan
 Erosion Control Plan and Details
 Blueprint for a Clean Bay

2. Prepare a Preliminary Stormwater Quality Control Report in accordance with the City of Milpitas C.3 guidelines.

3. Assist with preparation of updated quantity/cost estimates.

4. Attend and participate in schedul ed coordination meetings and teleconferences with project team and City as requested.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 29 SUBCONSULTANT PROPOSALS - CBG

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Revised: February 29, 2024

Description of Work
G. Reimbursable Expenses (Budget)

1. Printing and Computer Plots.

2. Delivery Services and UPS.

3. Acquisition of Record Materials.

4. Mileage, Tolls, and Parking.

H. Additional Services as Needed (15% Budget) (N.I.C.)

IV. Assumptions

A. Fees will be charged per the attached Standard Hourly Charge Rate Schedule, which is in effect through June 30, 2024. The estimated fee amounts are for budget purposes only. Certain line items may be exceeded; the total estimated fee will not be exceeded without authorization.

B. The project will be constructed in one phase of improvement construction. Engineer will prepare one set of Improvement Plans.

C. Other Consultants will provide electronic files in AutoCAD format.

D. Client acknowledges that Consultant is not responsible or liable for the performance or defective work of third parties, the construction c ontractor, and its subcontractors, nor may Consultant offer “field advice” to subcontractors, without Client’s prior consent.

E. Client agrees that in accordance with generally accepted c onstruction practices, construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 30 SUBCONSULTANT PROPOSALS - CBG

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Revised: February 29, 2024

Description of Work
F. In the event Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, adjustments, modification, or other changes during the construction phase of the project, Client agrees to notify Consultant’s Project Engineer and engage Consultant to prepare the necessary clarifications, adjustments, modifications, or other changes to C onsultant’s work before construction activities commence or further activity proceeds. Further, client agrees to have a provision in its contract with contractor to prov ide for construction contracts for the project which require the contractor to notify Client of any changed field or other conditions so that Client may in turn notify Consultant’s Project Engineer pursuant to the provisions of this paragraph.

G. Carlson, Barbee & Gibson, Inc. is not responsible or liab le for corrective actions that may be required as a result of Client proceeding with construction of improvements based on plans that have not been approved by the City of Milpitas.

H. Plan revisions, modifications or changes resulting from normal Plan Check comments are included in the fees. Major or substantial plan changes required by the owner or local agencies will be considered extra work.

I. Client acknowledges that th e requirements of the Americans with Disability Act (“ADA”) and other federal, state, and local accessibility laws are subject to various and possibly contradictory requirements. Consultant will use reasonable professional judgment to interpret applicable ADA requirements within consultant’s scope of services as they apply to the project and will inform Client and City of the existence of any contradicting requirements. Carlson, Barbee & Gibson, Inc. will provide Client and City with their interpretation of such contradictory requirements and request Client / City's direction for how to proceed.

Consultant cannot and does not warrant or guarantee that the project will fully comply with future and/or varying interpretations of accessibility laws by regulatory bodies or the courts.

J. Qualified SWPPP Developer (QSD) services are limited to this scope. Client will obtain a separate QSD to provide construction related services.

K. Dry Utility Consultant will design and coordinate all new and existing gas, electric, CATV, telephone, etc.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 31 SUBCONSULTANT PROPOSALS - CBG

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Revised: February 29, 2024

Description of Work
V. Exclusions

The following items have not been included:

A. Design or survey of improvements not specifically included.

B. Construction staking, supervision, monitoring, or inspection.

C. ALTA Survey or Record of Survey.

D. Review of Contractor construction material submittals or specifications.

E. Potholing of existing underground facilities.

F. Any structural design including but not limited to bridges, masonry walls, retaining walls, fences, storm drain structures, storm drain outfall structures, thrust blocks, etc.

G. Landscape or Irrigation design / Fencing Plans.

H. Fish & Game, Fish & Wildlife, Army Corps or Regional Water Board processing.

I. Biological / wetland delineations or surveys.

J. Traffic Study / Traffic Control Plans / Traffic signal design.

K. Agency Fee Estimates.

J. Qualified SWPPP Developer (QSD) on-site visual inspections associated with construction activities.

K. SWPPP updates or annual updates for SW PPP compliance, Preparation or Processing of a Change of Information (C OI), Preparation or Processing of an Annual Report (AR), Preparation or Processing of a Notice of Termination (NOT), Qualified SWPPP Practitioner (QSP) Services.

38077.00180\29175422.11 C2
1 EXHIBIT “B”

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City.

Phase I (Planning Phase – Basic Services)
Task
Description
Cost
A
Project Administration & Coordination – Planning Phase
$32,026
B
Field and Document Investigation
$
32,326
C
Programming / Conceptual Plan
$
64,248
D
Community Outreach
$
49,795
E
Environmental Clearance
$
95,860
F
Design Development
$
77,984
G
Reimbursable Expenses
$
13,184
H
15% Contingency
$54,814
Subtotal Phase I
$420,237

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 12 STANDARD SCHEDULE OF COMPENSATION - CALA
www.callanderassociates.com

GOLD RIVER
12150 Tributary Point Drive, Suite 140
Gold River, CA 95670

BURLINGAME
1633 Bayshore Highway, Suite 133
Burlingame, CA 94010
T 650.375.1313 T 916.985.4366

SAN JOSE
2025 Gateway Place, Suite 285
San Jose, CA 95110
T 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2024 San Jose & Burlingame

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:

Hourly Rates
Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

Principal $250/hour
Senior Associate $227/hour
Associate $216/hour
Arborist/Construction Manager $190/hour
Senior Project Manager $196/hour
Project Manager 1 $187/hour
Project Manager 2 $178/hour
Job Captain $164/hour
Designer 1 $154/hour
Designer 2 $140/hour
Assistant Designer $125/hour
Accounting $189/hour
Senior Project Administrator $144/hour
Project Administrator $128/hour

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023
13 TASK MATRIX - PHASE 1 (PLANNING PHASE - BASIC SERVICES) Task Matrix
Metro Tango Parks - Phase 1 (Planning Phase - Basic Services) 03/01/2024
DJPA Aurum NOW Interpreter CBG
@ $250 @ $178 @ $164 @ $154 @ $128 @ $190 environmental electrical interpreter civil Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s $'s A Project Administration & Coordination - Planning Phase (lump sum) A.01 Kick-off Meeting 3.0 750.00$ 3.0 534.00$ 4.0 656.00$ - - $ - - $ - - $ 10.0 1,940.00$ - $ - $ - $ - $ A.02 Project Schedule 2.0 500.00$ 6.0 1,068.00$ - - $ - - $ - - $ - - $ 8.0 1,568.00$ - $ - $ - $ - $ A.03 Project Administration 12.0 3,000.00$ 26.0 4,628.00$ - - $ - - $ - - $ - - $ 38.0 7,628.00$ - $ - $ - $ - $ A.04 Review Meetings 10.0 2,500.00$ 15.0 2,670.00$ 12.0 1,968.00$ - - $ - - $ - - $ 37.0 7,138.00$ - $ - $ - $ - $ A.05 Public Hearings 16.0 4,000.00$ 36.0 6,408.00$ - - $ - - $ - - $ - - $ 52.0 10,408.00$ - $ - $ - $ - $ SUBTOTAL A 43.0 10,750.00$ 86.0 15,308.00$ 16.0 2,624.00$ - - $ - - $ - - $ 145.0 28,682.00$ - $ - $ - $ 3,040.00$ Subconsultant Administration 10% -$ - $ - $ 304.00$ B Field and Document Investigation (lump sum)
B.01 Topographic Survey 2.0 500.00$ 4.0 712.00$ - - $ 2.0 308.00$ - - $ - - $ 8.0 1,520.00$ - $ - $ - $ - $ B.02 Geotechnical Report 2.0 500.00$ 4.0 712.00$ - - $ - - $ - - $ - - $ 6.0 1,212.00$ - $ - $ - $ - $ B.03 Document Review 4.0 1,000.00$ 8.0 1,424.00$ 8.0 1,312.00$ - - $ - - $ - - $ 20.0 3,736.00$ - $ - $ - $ - $ B.04 Site Reconnaissance 2.0 500.00$ 6.0 1,068.00$ 6.0 984.00$ - - $ - - $ - - $ 14.0 2,552.00$ - $ - $ - $ - $ B.05 Tree Survey - - $ 2.0 356.00$ - - $ 2.0 308.00$ - - $ 38.0 7,220.00$ 42.0 7,884.00$ - $ - $ - $ - $ B.06 Development Plan Coordination 8.0 2,000.00$ 16.0 2,848.00$ 8.0 1,312.00$ - - $ - - $ - - $ 32.0 6,160.00$ - $ - $ - $ - $ SUBTOTAL B 18.0 4,500.00$ 40.0 7,120.00$ 22.0 3,608.00$ 4.0 616.00$ - - $ 38.0 7,220.00$ 122.0 23,064.00$ - $ - $ - $ 8,420.00$ Subconsultant Administration 10% -$ - $ - $ 842.00$ C Programming / Conceptual Plan (lump sum)
C.01 Review Meeting (see task A) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ C.02 Community Meeting Materials 12.0 3,000.00$ 16.0 2,848.00$ 8.0 1,312.00$ 18.0 2,772.00$ 2.0 256.00$ - - $ 56.0 10,188.00$ - $ - $ - $ - $ C.03 Review Meeting (see task A) - - $ - - $ - - $ - $ - $ - - $ - - $ - $ - $ - $ - $ C.04 Community Meeting #1 (see task D) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ C.05 Conceptual Plan Alternatives 24.0 6,000.00$ 36.0 6,408.00$ 30.0 4,920.00$ 48.0 7,392.00$ 2.0 256.00$ - - $ 140.0 24,976.00$ - $ - $ - $ - $ C.06 Cost Estimate 3.0 750.00$ 6.0 1,068.00$ 20.0 3,280.00$ - - $ 2.0 256.00$ - - $ 31.0 5,354.00$ - $ - $ - $ - $ C.07 Review Meeting (see task A) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ C.08 Community Meeting #2 (see task D) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ C.09 Preferred Conceptual Plan 8.0 2,000.00$ 12.0 2,136.00$ 4.0 656.00$ 16.0 2,464.00$ 1.0 128.00$ - - $ 41.0 7,384.00$ - $ - $ - $ - $ C.10 Teleconference (see task A) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ C.11 Community Meeting #3 (see task D) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ SUBTOTAL 3.0 47.0 11,750.00$ 70.0 12,460.00$ 62.0 10,168.00$ 82.0 12,628.00$ 7.0 896.00$ - - $ 268.0 47,902.00$ - $ - $ - $ 14,860.00$ Subconsultant Administration 10% -$ - $ - $ 1,486.00$ Callander Associates' Personnel and Rates
Con. Mgr / Arborist Designer 1
CA Fees
Principal Proj Manager 2 Administrator Job Captain
PJ552_FEE _V2.xlsx
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023
14 Task Matrix
Metro Tango Parks - Phase 1 (Planning Phase - Basic Services) 03/01/2024
DJPA Aurum NOW Interpreter CBG
@ $250 @ $178 @ $164 @ $154 @ $128 @ $190 environmental electrical interpreter civil Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s $'s $'s $'s Callander Associates' Personnel and Rates
Con. Mgr / Arborist Designer 1
CA Fees
Principal Proj Manager 2 Administrator Job Captain
D Community Outreach (lump sum)
D.01 Outreach Plan 4.0 1,000.00$ 12.0 2,136.00$ - - $ 12.0 1,848.00$ - - $ - - $ 28.0 4,984.00$ - $ - $ - $ - $ D.02 Meeting Notification Flyers 2.0 500.00$ 12.0 2,136.00$ - - $ 22.0 3,388.00$ - - $ - - $ 36.0 6,024.00$ - $ - $ 1,050.00$ - $ D.03 Community Meetings #1a and #1b 16.0 4,000.00$ 24.0 4,272.00$ 20.0 3,280.00$ - - $ 4.0 512.00$ - - $ 64.0 12,064.00$ - $ - $ - $ - $ D.04 Community Meeting #2a and #2b 16.0 4,000.00$ 24.0 4,272.00$ 20.0 3,280.00$ - - $ 4.0 512.00$ - - $ 64.0 12,064.00$ - $ - $ - $ - $ D.05 Community Meeting #3 8.0 2,000.00$ 12.0 2,136.00$ 10.0 1,640.00$ - - $ 2.0 256.00$ - - $ 32.0 6,032.00$ - $ - $ - $ - $ D.06 PRCR Commission Meeting/ Community
Meeting #4 (see task A)
- - $ - - $ 6.0 984.00$ 20.0 3,080.00$ - - $ - - $ 26.0 4,064.00$ - $ - $ - $ - $ D.07 Preferred Concept Refinement (see task A) - - $ - - $ 2.0 328.00$ 20.0 3,080.00$ - - $ - - $ 22.0 3,408.00$ - $ - $ - $ - $ D.08 City Council Meetings #1 and #2 (see task A) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ SUBTOTAL D 46.0 11,500.00$ 84.0 14,952.00$ 58.0 9,512.00$ 74.0 11,396.00$ 10.0 1,280.00$ - - $ 272.0 48,640.00$ - $ - $ 1,050.00$ - $ Subconsultant Administration 10% -$ - $ 105.00$ - $ E Environmental Clearance (lump sum)
E.01 Technical Studies 4.0 1,000.00$ 8.0 1,424.00$ 4.0 656.00$ - - $ - - $ - - $ 16.0 3,080.00$ 32,200.00$ - $ - $ - $ E.02 Initial Study Checklist/Addendum 6.0 1,500.00$ 16.0 2,848.00$ 8.0 1,312.00$ - - $ - - $ - - $ 30.0 5,660.00$ 47,000.00$ - $ - $ - $ SUBTOTAL E 10.0 2,500.00$ 24.0 4,272.00$ 12.0 1,968.00$ - - $ - - $ - - $ 46.0 8,740.00$ 79,200.00$ - $ - $ - $ Subconsultant Administration 10% 7,920.00$ - $ - $ - $ -
F Design Development (lump sum)
F.01 50% Design Development Submittal 30.0 7,500.00$ 48.0 8,544.00$ 26.0 4,264.00$ 70.0 10,780.00$ - - $ 4.0 760.00$ 178.0 31,848.00$ - $ - $ - $ - $ F.02 Cost Estimate 4.0 1,000.00$ 4.0 712.00$ 8.0 1,312.00$ - - $ 2.0 256.00$ - - $ 18.0 3,280.00$ - $ - $ - $ - $ F.03 Review Meeting (see task A) - - $ - - $ - - $ - - $ - - $ - - $ - - $ - $ - $ - $ - $ SUBTOTAL F 34.0 8,500.00$ 52.0 9,256.00$ 34.0 5,576.00$ 70.0 10,780.00$ 2.0 256.00$ 4.0 760.00$ 196.0 35,128.00$ - $ 9,200.00$ - $ 29,760.00$ Subconsultant Administration 10% -$ 920.00$ - $ 2,976.00$ hrs CALA DJPA Aurum NOW Interpreter CBG
A 145.0 28,682.00$ - $ - $ - $ 3,344.00$ B 122.0 23,064.00$ - $ - $ - $ 9,262.00$ C 268.0 47,902.00$ - $ - $ - $ 16,346.00$ D 272.0 48,640.00$ - $ - $ 1,155.00$ - $ E 46.0 8,740.00$ 87,120.00$ - $ - $ - $ F 196.0 35,128.00$ - $ 10,120.00$ - $ 32,736.00$ G 11,689.08$ 495.00$ -$ -$ 1,000.00$ H -$ - $ - $ - $ - $ 1,049.0 203,845.08$ 87,615.00$ 10,120.00$ 1,155.00$ 62,688.00$ Environmental Clearance (lump sum)

TOTAL COMPENSATION
Project Administration & Coordination - Planning Phase (lump sum) Field and Document Investigation (lump sum)
Programming / Conceptual Plan (lump sum)
Community Outreach (lump sum)
Reimbursables (allowance)
Additional Services
Design Development (lump sum)
PJ552_FEE _V2.xlsx
© copyrighted 2023 Callander Associates
Landscape Architecture, Inc.

TASK MATRIX - PHASE 1 (PLANNING PHASE - BASIC SERVICES)

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 21 SUBCONSULTANT PROPOSALS - DJPA
Cost Estimate
Based on our understanding of the project and technical reports required, the cost for preparation of the Initial Study/Addendum is estimated not to exceed $79,200. A breakdown of the cost estimate is provided below. Costs will be charged on a time and materials basis, commensurate with work completed, in accordance with the attached charge rate schedule.

This scope and budget assumes the project will proceed in accordance with the schedule on the previous page. The budget is based on the anticipated amount of work that would occur during the estimated duration of the project. If the schedule extends beyond the anticipated timeframe due to factors outside of DJP&A’s control, and/or if the project includes multiple stops and starts, the proposed budget would need to be increased to account for the additional time spent.

A. David J. Powers & Associates, Inc.
• Preparation of Initial Study/Addendum, Preparation of NOD, Meetings and Hearings, Project Management
$46,505
• Reimbursables (travel, printing, etc.)* $495
B. Subconsultants* $0
• Illingworth & Rodkin, Inc. (Construction Air Quality and Health Risk Assessment)
$7,475
• Illingworth & Rodkin, Inc. (Noise and Vibration Assessment) $9,890 • Schaaf & Wheeler (Hydraulics Impact Analysis) $11,500 • McCloskey Consultants, Inc. (Phase I ESA) $3,335
Subtotal (A+B) $ 79,200
* Subconsultant and reimbursable expenses include our standard 15 percent administrative fee.

Please note that the cost estimate shown is a not-to-exceed total amount for all tasks combined. DJP&A will complete the Initial Study/Addendum for the not-to-exceed total. Within this not-to-exceed total, actual amounts spent on individual tasks/items may be more or less than the estimates. If DJP&A does not need all the time that has been budgeted, we will only bill for the time actually spent completing the work. Our invoices will be submitted on a monthly basis and are payable upon receipt.

DJP&A provides regular, clear and accurate invoices as the work on this project proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time and materials basis. Any fees charged to DJP&A

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 22 SUBCONSULTANT PROPOSALS - DJPA
for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense.

This scope is valid for 90 days and assumes that no issues arise that would require any additional technical analysis or documentation. In the event additional technical analysis is required, we can complete that work on a time and materials basis, upon your authorization. Project description changes after our notice to proceed is received may have schedule and budget implications.

Charge Rate Schedule1
Title Hourly Rate
Senior Principal $ 340
Principal Project Manager $ 313
Senior Environmental Specialist $ 266
Senior Project Manager $ 244
Environmental Specialist $ 228
Project Manager $ 217
Associate Project Manager $ 191
Assistant Project Manager $ 160
Researcher $ 138
Graphic Artist $ 128
Notes: Materials, outside services and subconsultants include a 15% administration fee. Mileage will be charged per the current IRS standard mileage rate at the time costs occur. Subject to revision January 1, 2025.

1 David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project proceeds, in accordance with normal company billing procedures . The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time and materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense. for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense.

This scope is valid for 90 days and assumes that no issues arise that would require any additional technical analysis or documentation. In the event additional technical analysis is required, we can complete that work on a time and materials basis, upon your authorization. Project description changes after our notice to proceed is received may have schedule and budget implications.

Charge Rate Schedule1
Title Hourly Rate
Senior Principal $ 340
Principal Project Manager $ 313
Senior Environmental Specialist $ 266
Senior Project Manager $ 244
Environmental Specialist $ 228
Project Manager $ 217
Associate Project Manager $ 191
Assistant Project Manager $ 160
Researcher $ 138
Graphic Artist $ 128
Notes: Materials, outside services and subconsultants include a 15% administration fee. Mileage will be charged per the current IRS standard mileage rate at the time costs occur. Subject to revision January 1, 2025.

1 David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project proceeds, in accordance with normal company billing procedures . The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time and materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense.

CIVIL ENGINEERS I SURVEYORS I PLANNERS
2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com
January 26, 2024
Job No.: 3648‐020
Revised: February 29, 2024
Principal
Project
Manager
Senior
Surveyor
Senior
Engineer
Project
Engineer
Survey
Crew
Direct Labor Rate270.00 $             245.00 $             235.00 $             235.00 $             205.00 $             320.00 $             Hours Labor I.

A.Project Administration and Coordination (Planning Phase)48123,040 $ B.Field and Document Investigation48488328,420 $
C.Programming  / Conceptual Plan1620246014,860 $
D.Community Outreach0(N.I.C.)
E.Environmental Clearance0(N.I.C.)
F.Design Development (50% Design)1632404012829,760 $
Subtotal Hours4068472408 23256,080 $
G.Reimbursable Expenses (Budget)01,000 $
H.Additional Services As Needed (15% Budget)(N.I.C.)
TOTAL ESTIMATED FEE406847240857,080 $
PLANNING PHASE
Fees will be charged per the attached Standard Hourly Charge Rate Schedule, which is in effect through June 30, 2024. The estimated fee amounts are for budget purposes only. Certain line items may be exceeded; the total estimated fee will not be exceeded without authorization.

METRO TANGO SUBDISTRICT PARKS PROJECT

MILPITAS, CALIFORNIA
Metro Tango Subdistrict Parks Project
ESTIMATED FEE

TASKDESCRIPTION
CBG Personnel / Estimated Hours
(CIP 2023)
\\dl2023a\P‐Drive\3600 ‐ 3699\3648‐020\Proposals\Summ Park Design_CALA rev 03.xlsxPage 1 of 1 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023
CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023
32 SUBCONSULTANT PROPOSALS - CBG

CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 CITY OF MILPITAS - METRO TANGO PROJECT, CIP 2023 33 2633 CAMINO RAMON, SUITE 350 I SAN RAMON, CALIFORNIA 94583 I (925) 866-0322 1430 BLUE OAKS BOULEVARD, SUITE 110 I ROSEVILLE, CALIFORNIA 95747 I (916) 788-4456 www.cbandg.com

CIVIL ENGINEERS I SURVEYORS I PLANNERS

STANDARD HOURLY CHARGE RATE SCHEDULE

Effective through June 30, 2024

Engineering
Project Manager ........................................................................ $245 Senior Engineer................................................................... $220 - $235 Project Engineer .................................................................. $195 - $210 Staff Engineer...................................................................... $170 - $185 Assistant Engineer .............................................................. $145 - $165

Planning
Senior Planner ..................................................................... $215 - $235

Surveying
Survey Manager ............................................................................. $245 Senior Surveyor .................................................................. $220 - $235 Project Surveyor.................................................................. $195 - $210 Staff Surveyor ..................................................................... $170 - $185 Assistant Surveyor .............................................................. $145 - $165

Party Chief .................................................................................. $205 Chainman ................................................................................... $115

Drafting
CAD Technician ......................................................................... $145

Administration
Clerical ......................................................................................... $88 Reimbursables ................................................................. Cost + 10%

Management
Principal ..................................................................................... $270 Associate .................................................................................... $255

P:\0000\Engineering\Rate Schedule\Rate Schd_June 2024.docx

SUBCONSULTANT PROPOSALS - CBG

P.O. Box32174SanJose, CA 95152408-708-7061- [email protected] TranslationFeeSchedule2024
SAMPLELANGUAGES:Vietnamese:$0.29perwordwitha300-wordminimum$87.00Chinese:$0.35perwordwitha300-wordminimum$96.00Korean:$0.35perwordwitha300-wordminimum$96.00Spanish:$0.20perwordwitha300-wordminimum$72.00(KeepinmindthatSpanishhasatendencytohavea20%ratiogrowth,300wordscaneasilybecome365targetSpanishwords).

RushTranslations:completionneededwithin24Businesshours:Vietnamese:$0.34perwordwitha300-wordminimumChinese:$0.37perwordwitha300-wordminimumKorean:$0.37perwordwitha300-wordminimumSpanish:$0.27perwordwitha300-wordminimum CopyChanges/Editing:3copychangesperproject.Anychangesoverthatbilledat300-wordminimuminadditiontooriginalfee.

DesktopPublishing:$95.00/perhour.
*Feesaresubjecttochangewithoutnotice*Quotesaregoodforupto30daysfromtimeofrequest.

TRANSLATIONPROTOCOL
Everyoutgoingtranslationwedelivertoourclientmustpassthroughaproofreadingandeditprocesswithaseparate,accreditedtranslator. Anyeditsorcorrectionsarecompletedbytheoriginaltranslatorandthefinalrevisionissenttotheclientfortheirreview.

Iftheclientfeelsthatthetranslationdoesnotflowverywellandtherearesomebetterchoicesofwordsandphrases,theclientshouldforwardusthesuggestion(s).

Pleasekeepinmindthatmanytimessimplyaddingorremovingawordusuallydoesnotimprovethetranslationstylistically. Itistheclient'sresponsibilitytoadviseusiftheterminologyislegal,technical,orconversational.

PleaseemailyourrequesttoourTranslationDesk:[email protected]

38077.00180\29175422.11
1 (BB&K: January 2015)
EXHIBIT “C”

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

CALA
Principal
$250/hour
Senior A
ssociate
$227/hour
A
ssociate
$216/hour
Arborist/Construction Manager
$190/hour
Senior Project Manager
$196/hour
Project Manger 1
$187/hour
Project Manger 2
$178/hour
Job Captain
$164/hour
Designer 1
$154/hour
Designer 2
$140/hour
Assistant Designer
$125/hour
Accounting
$189/hour
Senior Project Administrator
$144/hour
Project Administrator
$128/hour
David J Powers
Senior
Principal
$340/hour
Principal Project Manager
$313/hour
Senior Environmental Specialist
$266/hour
Senior Project
Manager
$244/hour
Environmental Specialist
$228/hour
Projec
t Manager
$217/hour
Associate project Manager
$191/hour
Assistant project Manager
$160/hour
Researcher
$138/hour
Graphic Artist
$128/hour
Aurum
Engineering Director
$230/hour
Senior
Project Manager
$206/hour
Project Manager
$199/hour
Electrical Designer
$189/hour
CADD Manager/Drafter
$147/hour
Drafter
$126/hour
CBG
Project Manager
$2
45 /hour
Senior Engineer
$
220
-
235
/hour
Project Engineer
$
195
-
210
/hour
Staff Engineer
$
170
-
185
/hour
Assistant Engineer
$
145
-
165
/hour
Senior Planner
$
215
-
235
/hour
Survey Manager
$
245
/hour
Senior Surveyor
$
220
-
235
/hour

38077.00180\29175422.11 C2
2 Project Surveyor
$
195
-
210
/hour
Staff Surveyor
$
170
-
185
/hour
Assistant Surveyor
$
145
-
165
/hour
Party Chief
$
205
/hour
Chainman
$
115
/hour
CAD Technician
$
145
/hour
Clerical
$88/hour
Reimbursables
Cost+10%
Principal
$270/hour
Associate
$255/hour

2. REIMBURSABLE EXPENSES.

Reimbursable expenses include printing and reproductions, postage and delivery, mileage, travel expenses, testing and outside services, the communications and insurance surcharge, and other project related expenses noted in the Standard Schedule of Compensation. Printing and reproductions include hard copy plots for in-person meetings and hard copy plots of PS&Es as well as documents for in-house reference during design.

3. ADDITIONAL SERVICES.

Additional Services shall include any service not specifically listed above and agreed by the City and Gates and Associates. Compensation for additional services shall be by a mutually accepted fixed fee, or on an hourly basis, computed at the actual hourly rates listed above. The consultant shall obtain City written approval prior to performing any work.

38077.00180\29175422.11
1 (BB&K: January 2015)
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 Design Services Agreement.

Designer 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 Designer, its agents, representatives, employees or subcontractors.

Designer 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.

Designer 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 Designer’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 Designer 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.

38077.00180\29175422.11 C2
2 ___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Designer, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):
_
X
_ Insurance appropriates to the Designer’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 Designer’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 Designer 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.

Pollution Legal Liability:
___ Designer’s 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 Designer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Designer. 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 Designer 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

38077.00180\29175422.11 C2
3 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:

Designer 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)
Designer 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:

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

38077.00180\29175422.11 C2
4 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 Designer, its employees, agents and subcontractors. ___ Completed Operations
For Construction Agreements, Designer 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 Designer 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 Designer.

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 Designer 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 Designer 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 replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Designer must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

38077.00180\29175422.11 C2
5 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 Designer’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Designer’s Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

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

Subcontractor agrees to be bound to Designer and City in the same manner and to the same extent as Designer 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:

Designer 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 Designer’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 Designer’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.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P., for the Affordable Housing Project at 308 Sango Ct. (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Arthur Valderrama, Principal Civil Engineer, 408-586-3355) Category: Consent Calendar-Community Development
Meeting Date: 3/19/2024
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P., for the affordable housing project at 308 Sango Ct.

BACKGROUND:

On August 5, 2021, the Milpitas City Council approved Developer’s application for a Site Development Permit (SD19-0014), Density Bonus (DB19-0001), a Tree Removal Permit (TR19-0029) and Environmental Assessment (EA18-0007) to allow demolition of an existing industrial building, removal of three protected trees, and the development of 85-unit dwelling units (100% affordable), a ground floor parking garage with up to 48 vehicles spaces, and 20,788 square feet of public and private open space on a 1.11 acre parcel located at 308 Sango Court (APN 086-36-036) within the Transit Area Specific Plan (TASP), and making findings of CEQA Exemption.

The development uses Best Management Practices (BMP), Low Impact Development (LID) and Integrated Management Practices (IMP). As part of this agreement the Developer shall be responsible for maintenance and operation of all the developments bio-treatment areas.

ANALYSIS:

In accordance with State Law and the City’s Municipal Regional Stormwater NPDES Permit (“MRP”) issued by the Regional Water Quality Control Board (“RWQCB”), new development and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface are required to incorporate Low Impact Development (“LID”) post construction stormwater control measures into the project. LID control measures include, for example, bioretention areas, permeable pavement and mechanical filter treatment.

MRP section C.3.h.ii.(1)(a) and Milpitas Municipal Code Title XI Chapter 16 require development project property owners meeting the 10,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement (“Agreement”) with the City for the perpetual operation, maintenance and annual inspection of LID stormwater treatment facilities.

The Milpitas Pacific Associates, L.P. (Developer) constructed storm water bio-retention treatment areas to meet the low impact development and post construction treatment requirements for stormwater. The Developer, Milpitas Pacific Associates, L.P. and property owner will be responsible for the perpetual maintenance and operation of the privately owned stormwater treatment facilities within their private property and not maintained by the City. The stormwater treatment built on public right of way for the treatment of public stormwater will be owned and maintained by the City once the public improvements have been accepted by the City.

Milpitas Pacific Associates, L.P. has executed the required Stormwater Management Operations and Maintenance Agreement for this Project. The Agreement requires the developer to operate and maintain the installed stormwater treatment facilities in accordance with the Municipal Regional Stormwater NPDES Permit and the developer will compensate the City to complete the required annual system inspections.

Staff recommends the City Council approve the attached Stormwater Management Agreement (Attached) which has been reviewed by the City Attorney and approved as to form and by the Acting City Engineer as to content.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve the Agreement with the City for operation, maintenance and annual inspection of stormwater treatment facilities.

Pros: None
Cons: Not approving the Agreement would cause the project to be not in compliance with the conditions of development and the City’s Municipal Code and would be prohibitive by federal and state law.

Reason not recommended: To be in compliance with federal and state law, including the MRP, and to allow for the on-going maintenance and annual City Inspection of the installed stormwater treatment devices and areas, staff recommends approval of the Agreement.

FISCAL IMPACT:

As required by the Stormwater Management Facilities Operation and Maintenance Agreement, the project developer/property owner will pay the City for the required annual maintenance and inspection of the installed stormwater Bio-treatment facilities.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

On August 5, 2021, the City Council approved this project and its California Environmental Quality Act (CEQA) review by adopting Resolution No. 9096. Further, pursuant to CEQA Guideline 15162, there are no substantial changes proposed in the project, no substantial changes have occurred with respect to the circumstances under which the project will be undertaken, and there is no new information of substantial importance, that would trigger the need for a subsequent mitigated negative declaration or addendum to the negative declaration. On this basis, the City Council relies on the previous CEQA review conducted in approving this agreement.

RECOMMENDATION:

Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Milpitas Pacific Associates, L.P. for the affordable housing project at 308 Sango Court.

ATTACHMENT(S):

Stormwater Management Facilities Operation and Maintenance Agreement

EXHIBIT B

308 SANGO COURT - BMP Operation and Maintenance Plan

Implementation of a long term Operation and Maintenance Plan (O& M) is necessary for the proper operation and maintenance of the stormwater control measures for the project. This O&M is intended to be a guide for the main items involved in BMP maintenance. Inspections, maintenance, and documentation will be the responsibility of the Property Management Company.

This project i s located in the southwestern part of the City of Milpitas , at 308 Sango Court, off Montague Expressway between McCandless Drive and E. Capitol Avenue (see Appendix A, Figure 1:

Location Map). The project is located within the Milpitas Transit Area Specific Plan area. The project consists of multi-story mixed use building and parking structure. The new 6 story building with parking structure includes 85 affordable residential apartment units . The site improvements also include improvement to S ango Court including construction of a new 5’ monolithic sidewalk, and a grid and overlay operation. The total project area consists of 1.1 acres, plus the City owned frontage improvement along Sango Court.

Stormwater will be treated wi th the use of biotreatment areas and mechanical methods . Since the site is generally raised due to base flood elevation requirements the conveyance of stormwater runoff to biotreatment areas was possible through the use of roof drains and bubblers. The site generally drains outwards to all four sides of the building. One biotreatment area, one mechanical system and one pervious pavement area is proposed. Tributary areas, treatment areas, and treatment details are shown in attachment B of this O&M Plan.

A. Responsibility for Maintenance

The 308 Sango Court Property Management Company will be is responsible for maintaining the storm water treatment measures. A Stormwater Management facilities Operation and Maintenance Agreement between the Owner and the City of Milpitas will be entered into prior to the building occupancy. The executed and recorded agreement is included as Attachment A to this O&M plan.

APPENDIX F – O&M PLAN

Individuals Responsible for Stormwater Treatment
BMP Operations and Maintenance
Date accepted: TBD (to be recorded prior to final occupancy) Facility Name: 308 Sango Court Apartments
Facility Address: 308 Sango Court
Designated Contact for Operation and Maintenance
Name: TBD
Title: TBD
Phone: TBD
Email: TBD

Off-hours or Emergency Contact
Phone: TBD

B. Organization Chart

Owner: Pacific West Communities, Inc.

Property Manager: TBD

C. O&M Agreement

An Operation and Maintenance agreement between the City of Milpitas and Owner will be recorded with the County of Santa Clara prior to the final occupancy phase. The recorded document is included as attachment A to this O&M plan.

D. Means to Finance and Implement BMP Maintenance
Proper maintenance and operation of the stormwater management facilities identified in this SWCP will be the responsibility of the Owner and Property Manager to be established under this Project. The applicant will prepare and submit, for the City’s revie w, an acceptable Stormwater Control Operation and Maintenance Plan prior to completion of construction, and will execute a Stormwater Management Facilities Operation and Maintenance Agreement before transfer or final occupancy at the site. Financing for lo ng term BMP Operation and Maintenance will be assessed as part of the monthly rental fee for apartment and retail tenants and accounted in the properties annual budget.

E. Records

The 308 Sango Court Apartments Property Manager will maintain annual records of the operation and maintenance of BMP’s identified in this O&M. The records will consist of inspections per the BMP Maintenance Schedule in this O&M. The reports will be available to the

APPENDIX F – O&M PLAN

City upon request.

F. Summary of Drainage Areas and BMP’s
A. Drainage Areas - A drawing showing the location and type of all treatment area is included on Attachment B.

B. Details of Treatment BMPs - Details of individual treatment BMP’s are shown on Attachment B.

G. BMP Maintenance Schedules
A. Summary of Inspection and Maintenance for all BMPs
A summary of inspection schedules are shown on Attachment C. Annual inspections shall be conducted during the months of September or October, prior to October 15 (prior to the rainy season ). Bi-annual inspections shall be conducted during the months of September or October, and again during April (before April 15, end of the rainy season). Inspections shall be completed using the Inspection Maintenance Forms (Attachment D). Additional inspections may be required throughout the rainy season if excessive debris is found within the swales, or the swales do not drain completely in 48-hours after a rain event.

B. Service Agreement Information
Maintenance of the biotreatment facilities will be cont racted for with a qualified landscape maintenance company.

APPENDIX F – O&M PLAN

ATTACHMENT A

RECORDED MAINTENANCE AGREEMENT BETWEEN CITY AND OWNER

APPENDIX F – O&M PLAN

ATTACHMENT B

MAP AND SUMMARY OF DRAINAGE AREAS, BMP’S, AND BMP DETAILS

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APPENDIX F – O&M PLAN

ATTACHMENT C

SUMMARY OF INSPECTION AND MAINTENANCE OF ALL BMP’S

308 Sango Court
Stormwater Control Measure Routine Maintenance Plan

This maintenance plan identifies the Stormwater Control Measures (SCM) located at the site and describes the minimum level of maintenance activities that should be performed to keep the facilities neat, clean, and functional.

This plan should be used by the company or individual responsible for site landscape maintenance and incorporated into the greater site maintenance schedule.

I. Property Information
Property Address or Cross Street: 308 Sango Court, Milpitas, CA Property Owner: Pacific West Communities, Inc.

Designated Contact: Niki Slattery Phone No.: (208) 891-4955 Mailing Address: 430 E. State Street, Suite 100, Eagle, ID 83616 II. Stormwater Control Measure Information
The following stormwater control measures (SCM) are located on the property identified above and are subject to routine maintenance; refer to Exhibit B:

Identifying
Number of
SCM
Type of SCM Location of SCM on Property
Basin TA-1 Bioretention Basin West side of building.

Basin TA-2 BaySaver (Mechanical) At project driveway, approximately 15’ behind sidewalk.

Basin TA-3 Pervious Pavement Walkway into project along Sango Court frontage.

III. Maintenance Schedule
Stormwater control measures should undergo routine maintenance in conjunction with the greater site landscape maintenance. In general, engaging in routine monthly maintenance will result in reduced long-term maintenance costs. It is re commended to inspect the facilities once a month and conduct any applicable maintenance activities in order to keep the facilities neat, clean and functional. T he attached Stormwater Control Measure Routine Maintenance Checklist identifies the minimum leve l of maintenance activities that should be performed on a routine basis. The checklist should be completed at the time of maintenance by the company or individual responsible for the maintenance, and the completed forms provided to the HOA within 30 days of the maintenance activities for their records.

308 Sango Court
Stormwater Control Measure Routine Maintenance Plan

IV. Use of Pesticides
The use of pesticides and quick release fertilizers shall be minimized, and the principles of integrated pest management (IPM) followed:

1. Employ non -chemical controls (biological, physical and cultural controls) before using chemicals to treat a pest problem.

2. Prune plants properly and at the appropriate time of year.

3. Provide adequate irrigation for landscape plants. Do not over water.

4. Limit fertilizer use unless soil testing indicates a deficiency. Slow -release or organic fertilizer is preferable. Check with municipality for specific requirements.

5. Pest control should avoid harming non-target organisms, or negatively affecting air and water quality and public health. Apply chemical controls only when monitoring indicates that preventative and non- chemical methods are not keeping pest below acceptable levels. When pesticides are required, apply the least toxic and the least persistent pesticide that will provide the adequate pest control. Do not apply pesticides on a prescheduled basis.

6. Sweep up spilled fertilizer and pesticides. Do not wash away or bury such spills.

7. Do not over apply pesticide. Spray only where the infestation exists. Follow the manufacturer’s instructions for mixing and applying pesticides.

8. Only licensed, trained pesticide applicators shall apply pesticides.

9. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging pesticides into runoff. With the exception of pre-emergent pesticides, avoid application if rain is expected.

10. Unwanted/unused pesticides shall be disposed as hazardous waste.

V. Vector Control
Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector Control District (District).

Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is:

Santa Clara Valley Vector Control District
1580 Berger Drive
San Jose, California 95112
P: (408) 918-4770 or (800) 675-1155, F: (408) 298-6356
www.sccgov.org/portal/site/vector

APPENDIX F – O&M PLAN

ATTACHMENT D

STORMWATER BMP INSPECTION AND MAINTENANCE LOG

AND CHECKLISTS

ATTACHMENT D – Stormwater BMP Inspection and Maintenance Log Submit the Operations and Maintenance Inspection reports, Maintenance Plan, and Inspection and Maintenance Checklist for each BMP to: City of Milpitas, 455 E. Calaveras Blv, Milpitas, CA 95035, ATTN: Utility Engineer Facility Name
Address
B e g i n D a t e En d D a t e
Date BMP ID# BMP
Description ID
Inspected
by:

Cause for
Inspection
Exceptions Noted
(Write ID code-see potential
inspection results)
Comments and
Actions Taken
Instructions: Record all inspections and maintenance for all treatment BMPs on this form. Use additional log sheets and/or attach extended comments or documentation as necessary. Submit a copy of the completed log with the annual independent inspectors’ report to the municipality, and start a new log at that time.  BMP ID# — Always use ID# from the Operation and Maintenance Manual.  Inspected by — Note all inspections and maintenance on this form, including the required independent annual inspection.  Ca
use for inspection — Note if the inspection is routine, pre-rainy-season, post-storm, annual, or in response to a noted problem or complaint.  Exception
s noted — Note any condition that re quires correction or indicates a need for maintenance. Write ID code per potential inspection re
sults
 Comm
ents and actions taken — Describe any maintenance done and need for follow-up.

ATTACHMENT D ‐ Stormwater BMP Inspection and Maintenance Log Potential Inspection Results with Definitions
ID Inspection  Results Definitions
I. All BMP Types
1 No Visible/Apparent Problems No visible or apparent problems with BMP function. BMP appears to be well‐maintained. 2 Significant Engineering/Design Flaws
BMP observed to have significant engineering/design flaws which lessen its effectiveness as a stormwater treatment measure.
3 Unauthorized Modifications
Any modification that lessens the effectiveness of the BMP; any modification not authorized by the City, designated agency or other regulatory agency. 4 BMP Destroyed or Eliminated BMP destroyed, removed or eliminated from property. 5 Trash/Debris Accumulation or Dumping
Trash & debris accumulates within and/or on BMP; trash & debris interferes with proper BMP function; visual evidence of trash/debris dumping.
6 Evidence of Contamination & Pollution Evidence or presence of oil, gasoline, contaminants or other pollutants. 7 BMP Access Obstructed  Access to BMP obstructed or limited 8 Obnoxious Odors Unpleasant odors within/from BMP
9 Fencing‐ Missing or Broken Bars Any defect in or damage to the fence or gate that permits easy entry to a facility. 10 BMP Cannot Be Located BMP cannot be located for the inspection II. Biofiltration
A. General
11 Uneven or Clogged Flow Spreader Flow spreader uneven or clogged so that flows are not uniformly distributed across the BMP. 12 Leaking or Malfunctioning Irrigation System Irrigation system  leaking or malfunctioning B. Sediment and Erosion Problems
13 Sediment Accumulation
Sediment depth exceeds 2 inches on more that 10% of the vegetated treatment area; or sediment interferes with BMP performance.
14 Erosion/Scouring Eroded or scoured areas due to flow channelization, higher flows, wind or water.

C. Vegetation Maintenance Issues
15 Poor Vegetation Coverage
Planted vegetation is sparse or bare or eroded patches occur in more than 10% of the BMP.

Growth of planted vegetation is poor because sunlight does not reach swale. 16 Invasive/Nuisance Vegetation or Weeds
Planted vegetation is excessively tall; nuisance weeds, invasive or noxious vegetation are overgrown; vegetation reduces free movement of water through BMP. 17 Tree/Brush Growth Growth does not allow maintenance access or interferes with maintenance activity D. Drainage Problems
18 Standing Water/Excessive Ponding/Soggy Soil
Water is observed within the BMP (between storms) and appears not to drain freely or soil is excessively soggy. Excessive ponding of water within vegetated swale or other BMP. 19 Mosquito Habitat
Suitable habitat exists for mosquito production (e.g., standing water for more than 72 hours in areas accessible to mosquitos).
20 Clogged or Obstructed Inlets/Outlets Inlet/outlet clogged or obstructed with sediment and/or debris. 21 Constant Baseflow/Damage Small quantities of water flow through the vegetated swale, even when it has been dry for weeks, and an eroded, muddy channel has formed in the swale bottom, constant baseflow from irrigation runoff.

Stormwater Control Measure Routine Maintenance Checklist

Property Address/Cross Streets: 308 Sango Court, Milpitas, CA Property Owner: Pacific West Communities, Inc.

Date of Maintenance: Responsible Party:

Phone No.: Email:
*Mark “n/a” or leave blank if not applicable.

General Site Housekeeping Checklist
Task
# Maintenance Task Description Recommended
Frequency
Action
Required
(Y/N)*
Comments
1 Remove all trash and debris from common
areas. Weekly
2 Empty trash and recycling receptacles located
in common areas. Weekly
3 Maintain all common landscaping in
accordance with an established landscape
maintenance plan.

Weekly
4 Prevent landscape maintenance debris from
entering the storm drain system. Remove all
debris from the site and dispose of properly.

Weekly
5 Vacuum sweep all HOA maintained streets
and parking areas. Weekly
6 Evaluate the irrigation system and repair any
observed damage or leaks. Monthly
7 Re-vegetate bare areas or cover with mulch
or other equivalent ground cover. Monthly
8 Evaluate common areas for evidence of illicit
dumping or any spilled hazardous materials.

Implement a clean-up and prevention plan.

Monthly
9 Evaluate storm drain system. Remove debris
and sediment from drain inlets. Confirm “No
Dumping” stenciling is still visible; repaint as
needed.

Monthly
Additional Comments:

Stormwater Control Measure Routine Maintenance Checklist

Property Address/Cross Streets: 308 Sango Court, Milpitas, CA Property Owner: Pacific West Communities, Inc.

Date of Maintenance: Responsible Party:

Phone No.: Email:
*Mark “n/a” or leave blank if not applicable.

Bioretention Basin/Bioswale Checklist SCM ID:

Task
# Maintenance Task Description Recommended
Frequency
Action
Required
(Y/N)*
Comments
1 Maintain all landscaping in and around the
basin. Prune and weed to keep basin neat and
orderly in appearance. Replace any dead or
dying plants.

Monthly
2 Remove accumulated trash and debris from
the basin and dispose of properly. Monthly
3 Evaluate the irrigation system and repair any
observed damage or leaks. Monthly
4 Check mulch coverage. Replenish as needed
to cover bare spots and maintain a 2 inch
depth.

Monthly
5 Evaluate basins for evidence of illicit dumping
or any spilled hazardous materials. Implement
a clean-up and prevention plan.

Monthly
6 Inspect for standing water. If water remains
for longer than 5 days, inspect further to
determine the cause (e.g. clogged underdrain,
blockage at outlet structure, biotreatment soil
is clogged or overly compacted, etc.) and
correct any problems.

Monthly, or as
needed after
storm events

7 Inspect inlets, outlets, and overflow
structures for damage and signs of blockage.

Remove any accumulated sediment or debris.

Ensure energy dissipation (e.g. splash pad,
cobbles, etc.) is functioning adequately.

Twice a year
by May 1 and
September 15

8 Examine side slopes for signs of erosion or
rodent burrows. Repair slopes as needed and
cover with mulch or other ground cover.

Twice a year
by May 1 and
September 15

9 Remove accumulated sediment from the
basin and regrade as needed. Minimize
compaction of biotreatment soil.

Annually, or as
needed
Additional Comments:

Stormwater Control Measure Routine Maintenance Checklist

Property Address/Cross Streets: 308 Sango Court, Milpitas, CA Property Owner: Pacific West Communities, Inc.

Date of Maintenance: Responsible Party:

Phone No.: Email:
*Mark “n/a” or leave blank if not applicable.

Pervious Pavement Checklist SCM ID:

Task
# Maintenance Task Description Recommended
Frequency
Action
Required
(Y/N)*
Comments
1 Check for sediment and debris
accumulation. Prevent soil from washing
or blowing onto the pavement. Do not
store sand, soil, mulch, or other
landscaping materials on pervious
pavement surfaces.

Twice a year
by May 1 and
September 15

2 Conduct preventative surface cleaning,
using commercially available
regenerative air or vacuum sweepers, to
remove sediment and debris.

Twice a year
by May 1 and
September 15

3 Inspect for any signs of pavement failure.

Repair any surface deformations or
broken pavers.

Twice a year
by May 1 and
September 15

4 Check for standing water on the
pavement surface within 30 minutes
after a storm event.

Twice a year
by May 1 and
September 15

5 Inspect underdrain outlets, preferably
before the wet season. Remove
trash/debris.

Twice a year
by May 1 and
September 15

6 Remove weeds. Mow vegetation in grid
pavements (such as turf block) as
needed.

Annually, or as
needed
7 Perform vacuum sweeping and or
reconstruction to restore surface
permeability as needed. Replenish
aggregate in paver joints or grids as
needed after restorative sweeping.

Annually, or as
needed
Additional Comments:

Media Filter
Inspection and Maintenance Checklist
Property Address/Cross Streets: 308 Sango Court, CA Property Owner: Pacific West Communities, Inc.

SCM No.: Date of Inspection: Inspection Type: Monthly Post-Wet Season (May 1) Pre-Wet Season (Sept 15)
Inspector(s): Phone No.: Other:

Defect Conditions When Maintenance is
Needed
Maintenance
Needed?
(Y/N)
Comments (Describe maintenance completed and
if needed maintenance was not conducted, note when
it will be done.)
Results Expected When Maintenance is
Performed
Sediment, trash and
debris accumulation
on filter
Sediment, trash and debris
accumulated in the media filter unit,
vault, or piping.

Sediment, trash and debris removed and
disposed of properly
Standing Water Treatment unit or vault does not drain
within five days after rainfall
Source of clogging removed. Filter drains per
design specifications
Mosquitoes Evidence of mosquito larvae in
treatment unit
No evidence of mosquito larvae
Miscellaneous Any condition not covered above that
needs attention in order for the Media
Filter to function as designed.

Meets the design specifications

17 Pre-Assembled manifold
In some areas the vaults can be provided with pre-in-
stalled manifold systems. Please contact your local ADS or BaySaver representatives for additional details.

Inspection and maintenance
The BayFilter system requires periodic maintenance
to continue operating at the design efficiency. The
maintenance process is comprised of the removal
and replacement of each BayFilter cartridge,
vertical drain down module; and the cleaning of
the vault or manhole with a vacuum truck.

The maintenance cycle of the BayFilter system will be
driven mostly by the actual solids load on the filter. The system should be periodically monitored to be certain
it is operating correctly. Since stormwater solids loads can be variable, it is possible that the maintenance cycle could be more or less than the projected duration.

BayFilter systems in volume-based applications
are designed to treat the WQv in 24 to 48 hours
initially. Late in the operational cycle of the BayFilter, the flow rate will diminish as a result of occlusion.

When the drain down exceeds the regulated
standard, maintenance should be performed.

When a BayFilter system is first installed, it is recommended that it be inspected every six (6) months. When the filter system exhibits flows below design levels the system should be maintained. Filter cartridge replacement should also be considered when sediment levels are at or above the
level of the manifold system. Please contact the BaySaver Technologies Engineering Department for maintenance
cycle estimations or assistance at 1.800.229.7283.
maintenance Procedures

1. Contact BaySaver Technologies for replacement filter cartridge pricing and availability at 1-800-229-7283.

2. Remove the manhole covers and open all
access hatches.

3. Before entering the system make sure the air
is safe per OSHA Standards or use a breathing
apparatus. Use low O
2, high CO, or other applicable
warning devices per regulatory requirements.

4. Using a vacuum truck remove any liquid and
sediments that can be removed prior to entry.

5. Using a small lift or the boom of the vacuum truck,
remove the used cartridges by lifting them out.

6. Any cartridges that cannot be readily lifted
can be easily slid along the floor to a location
BayFilter system Cleanout
Vactor Truck maintenance
Jet Vactoring Through Access Hatch

The MosT ADvAnceD NaMe iN WaTer MaNageMeNT soluTioNs
TM
18 they can be lifted via a boom lift.

7. When all the cartridges have been removed, it is
not practical to remove the balance of the solids
and water. Loosen the stainless clamps on the
Fernco couplings for the manifold and remove
the drain pipes as well. Carefully cap the manifold
and the Ferncos and rinse the floor, washing away
the balance of any remaining collected solids.

8. Clean the manifold pipes, inspect, and reinstall.

9. Install the exchange cartridgess and close all covers.

10. The used cartridges may be sent back to
BaySaver Technologies for recycling.

BayFilter Availability and Cost
BayFilter systems are available throughout the
United States from BaySaver Technologies. Material,
installation, and maintenance costs vary with location.

For BayFilter pricing in your area, please contact
BaySaver Technologies at 1-800-229-7283.

BayFilter cartridges and outlet components can be
shipped anywhere in the world. Manholes and precast
vaults are also supplied by BaySaver Technologies as
part of a complete stormwater filtration system.

BayFilter specifications
Products
A. Internal components: all components including
concrete structure(s), PVC manifold piping
and filter cartridges, shall be provided by
BaySaver Technologies 1-800-229-7283).

B. PVC manifold piping: all internal PVC pipe and
fittings shall meet ASTM D1785. Manifold piping
shall be provided to the contractor pre-cut and/or pre- assembled. Minor field modifications may be necessary.

C. Filter cartridges: external shell of the filter cartridges shall be substantially constructed of polyethylene
or equivalent material acceptable to the manufacturer.

Filtration media shall be arranged in a spiral layered
fashion to maximize available filtration area. An orifice flow control (i.e. flow disk) shall be supplied with each cartridge to restrict the flow rate to a maximum of
45 gpm (170 l/min).

D. Filter media: filter media shall be a proprietary mix produced by BaySaver Technologies and may consist
of the following materials: zeolite, perlite, and activated alumina and/or other materials required to meet the
project pollutant removal requirements.
manifold Tee View of a Cleaned system
Cartridge Hoist Point

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Supersede Resolution 9145 to Update City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/19/2024
Recommendation: Adopt a resolution to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.

BACKGROUND:

Pursuant to Milpitas Municipal Code Section I-600-2.30(3), the City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments by any of the following means: (i) display in lieu of the MIA/POW flag on one of the four City Hall Display Flag Poles located at the rear of City Hall adjacent to the pond, (ii) display in lieu of the flag of the State of California on one of the three flag poles located at Cesar Chavez Plaza, or (iii) display through ground level ceremonies at any of the following locations at the Civic Center complex or the City of Milpitas Community Center:
(1) City Hall Rotunda
(2) Area adjacent to pond at City Hall
(3) Cesar Chavez Plaza
(4) City Council Chambers
On September 7, 2021, May 3, 2022, June 21, 2022, May 16, 2023, the City Council adopted Resolutions directing staff to annually fly the City Event Celebration Flags and/or other Commemorative Flags for various upcoming Recreation and Community Services events in connection with and during periods (up to 30 days) of recognition for the following commemorative events:

Flag Raising Dates flag flown Council Approval Date
Black History Month February 1 to 28 September 7, 2021
Cesar Chavez Birthday March 31 September 7, 2021
Vietnamese Heritage Day April 30 September 7, 2021
Asian American and Pacific
Islander Heritage Month
May 1 to May 31 May 16, 2023
Public Safety Appreciation Day May 15 September 7, 2021 Eritrea Independence Day May 24 September 7, 2021
LGBTQ Pride Celebration June 1 – June 30 September 7, 2021 Philippine Independence Day June 12 September 7, 2021
Juneteenth June 19 September 7, 2021
India Independence Day August 15 June 21, 2022
Hispanic Heritage September 15- October 15 September 7, 2021 Mexican Independence Day September 16 May 3, 2022
Filipino American History Month October 1- October 31 September 7, 2021 Native American Heritage and
Culture Month
November 1- November 30 September 7, 2021

ANALYSIS:

The City of Milpitas flies City Event Celebration Flags and/or other Commemorative Flags for various upcoming Recreation and Community Services events in connection with and during periods (up to 30 days) in the Cesar Chavez Plaza. In the Adopted Fiscal Year 2023-2024 Budget and Financial Plan, the Mayor and City Council funded a new city-sponsored event for Black April, which is a day to reflect upon the fall of Saigon and of South Vietnam, which took place April 30, 1975. In alignment with the newly funded City event and after receiving community feedback on the schedule of flags, staff is bringing forward for Council consideration an amendment to the resolution to reflect the change of Flag Raising “Vietnamese Heritage Day” to “Black April,” and direct staff to fly the Commemorative Flag of Black April on April 1 – April 30, establishing flag dates, with the flag at half-staff on April 30.

Staff is recommending updating the flag schedule as follows:

Flag Raising Dates flag flown Council Approval Date
Black History Month February 1 to 28 September 7, 2021
Cesar Chavez Birthday March 31 September 7, 2021
Black April April 1- April 30 Pending Approval
Asian American and Pacific
Islander Heritage Month
May 1 to May 31 May 16, 2023
Public Safety Appreciation Day May 15 September 7, 2021 Eritrea Independence Day May 24 September 7, 2021
LGBTQ Pride Celebration June 1 – June 30 September 7, 2021 Philippine Independence Day June 12 September 7, 2021
Juneteenth June 19 September 7, 2021
India Independence Day August 15 June 21, 2022
Hispanic Heritage September 15- October 15 September 7, 2021 Mexican Independence Day September 16 May 3, 2022
Filipino American History Month October 1- October 31 September 7, 2021 Native American Heritage and
Culture Month
November 1- November 30 September 7, 2021
FISCAL IMPACT:

None.

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:

Adopt a resolution to supersede Resolution 9145 to update the City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.

Attachment(s):

Draft Resolution

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS DIRECTING

STAFF TO FLY COMMEMORATIVE FLAGS AT CESAR CHAVEZ PLAZA FOR CITY-

SPONSORED EVENTS
WHEREAS, on December 18, 2018, the City Council (the "City Council") of the City of Milpitas Adopted Ordinance No. 260.2 relating to the display of flags on City-owned property; and WHEREAS, on May 16, 2023, the City Council (the "City Council") of the City of Milpitas Adopted Resolution No. 9145 relating to the display of flags on City-owned property; and WHEREAS, the City Council (the "City Council") of the City of Milpitas intends this resolution to supersede Resolution No. 9145 relating to the display of flags on City-owned property; and WHEREAS, pursuant to Milpitas Municipal Code Section I-600-2.30(3), the City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City's official sentiments by any of the following means: (i) display in lieu of the MIA/POW flag on one of the four City Hall Display Flag Poles located at the rear of City Hall adjacent to the pond, (ii) display in lieu of the flag of the State of California on one of the three flag poles located at Cesar Chavez Plaza, or (iii) display through ground level ceremonies at any of the following locations at the Civic Center complex or the City of Milpitas Community Center:
(1) City Hall Rotunda
(2) Area adjacent to pond at City Hall
(3) Cesar Chavez Plaza
(4) City Council Chambers; and
WHEREAS, the City of Milpitas sponsors commemorative events, ceremonies and holidays annually in Cesar Chavez Plaza; and
WHEREAS, the City intends to fly certain Commemorative Flags in Cesar Chavez Plaza as part of the sponsored events, ceremonies and holidays, for certain periods; and WHEREAS, in accordance with the Milpitas Municipal Code, the Commemorative Flags shall be displayed for a period that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 days; and
WHEREAS, the periods of Commemorative Flags as approved by this Resolution may occur concurrently; and
WHEREAS, during such instance, multiple Commemorative Flags, but no more than three flags, may be raised on a flagpole from the top to the bottom in chronological descending order for the period approved in this Resolution.

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

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

2. Pursuant to Milpitas Municipal Code Section I-600-2.30(3), the City Council hereby directs staff to fly the following Commemorative Flags in lieu of the flag of the State of California at Cesar

2 Resolution No.

Chavez Plaza on the following dates and date ranges, after which staff shall resume flying the flag of the State of California unless the City Council directs otherwise by further resolution:
•Black History Month - February 1 - 28,
•Cesar Chavez Birthday - March 31,
•Black April - April 1 – 30 (half-staff),
•Asian and Pacific Islander Heritage Month - May 1 - 31, •Public Safety Appreciation Day - May 15,
•Eritrea Independence Day - May 24,
•LGBTQ Pride Celebration - June 1 - 30,
•Philippine Independence Day - June 12,
•Juneteenth - June 19,
•Hispanic Heritage - September 15 - October 15,
•Mexican Independence Day - September 16,
•Filipino American History Month - October l - October 31, •Native American Heritage and Culture Month- November 1 - 30.

3. During any instance where multiple Commemorative Flags are directed to be flown during the same time period, no more than three flags may be raised on a flagpole from the top to the bottom in chronological descending order for the period approved in this Resolution.

4. The City Manager or their designee, may approve an additional or alternate date to fly an approved flag, if that date is requested by organizers of events for a previously City Council approved flag raising and does not conflict with another Council approved flag raising. In accordance with the Municipal Code, a Commemorative Flag will be displayed for a period that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

PASSED AND ADOPTED this ____ day of April, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________________ ______________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_________________________________
Michael Mutalipassi, City Attorney

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing on the Request for a Bingo License for St. John the Baptist Catholic Church to Hold a Regular Bingo Game on Church Grounds (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Category: Public Hearings-Leadership and Support Services Meeting Date: 3/19/2024
Recommendation: Conduct a public hearing and consider approval of a Bingo License for St. John the Baptist Catholic Church to hold a regular bingo game on church grounds.

BACKGROUND:

On January 26, 2024, the City Clerk's Office received an application from St. John the Baptist Catholic Church, seeking a bingo license to conduct regular bingo games on the premises of the church.

St. John the Baptist Catholic Church was previously granted approval for a bingo license by the City Council on April 21, 2009. This license was renewed annually in accordance with the provisions outlined in the Milpitas Municipal Code until the year 2020. However, operations of the bingo game were halted by the Church due to the COVID-19 pandemic, resulting in the non-renewal of the license.

To resume bingo games, St. John the Baptist Catholic Church was required to submit a new application to the City Clerk's Office. Additionally, the Church must undergo a public hearing before the City Council as per regulatory requirements.

ANALYSIS:

The regulation of bingo games within the City of Milpitas is governed by Title III Chapter 7 of the Milpitas Municipal Code. This chapter delineates the local requirements pertaining to the conduct of bingo games, including the application process and the mandate for public hearings for bingo license applicants. Milpitas Municipal Code Section III-7-13.00 stipulates that the aggregate value of prizes dispensed during any bingo game conducted by licensees must not surpass $500 for each individual game. Such prizes may be awarded in various forms, including checks, cash, electronic deposits, or in-kind offerings. Notably, within Milpitas, only one bingo license has been currently issued, allocated to Milpitas Charity Bingo.

The application submitted by St. John the Baptist Catholic Church outlines their proposal to organize a weekly bingo game to be held on Mondays from 6:00 PM to 10:00 PM, commencing in April. The intended venue for these games is the church grounds, situated at 279 S. Main Street.

After receipt of the application, it underwent review by pertinent City department staff. Approval from requisite City department heads was obtained, culminating in their recommendation for the approval of the bingo license by the City Council. These endorsements have been duly documented and are included with the agenda packet materials.

In adherence to regulatory protocols, the public hearing pertinent to this application was duly advertised in the local newspaper on March 8, 2024.

POLICY ALTERNATIVE(S):

Alternative 1: Reject and deny the bingo license for St. John the Baptist Catholic Church.

Pros: None.

Cons: Denial of the license would deny community members the opportunity to play bingo at their chosen venue.

Reason for Not Recommending: The applicant fulfills all requirements, showcases community support, and therefore, should be granted permission.

FISCAL IMPACT:

Approval of the bingo license by the City of Milpitas is expected to generate $50 annually for the General Fund.

If the security procedures and plan as approved by the Milpitas Police Department are strictly adhered to, there is no anticipated impact on the Milpitas Police or other city departments.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This application is exempt per CEQA Sections 15301 and 15183 RECOMMENDATION:

Conduct a public hearing and consider approval of a Bingo License for St. John the Baptist Catholic Church to hold a regular bingo game on church grounds.

ATTACHMENT(S):

Bingo License Application














 










  


















 










  


















 










  


















 






 




 










  








 



















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  


















 










  





Certificate Of Completion
Envelope Id: 6B5C9104DE984F1880029D77FF5C29F5
Status: Declined
Subject: Complete with DocuSign: St John Bingo Application.pdf Source Envelope:

Document Pages: 26
Signatures: 2
Envelope Originator:

Certificate Pages: 5
Initials: 2
Suzanne Guzzetta
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
2/7/2024 3:28:19 PM
Holder: Suzanne Guzzetta
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Bill Tott
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
Signed using mobile
Sent: 2/7/2024 3:42:30 PM
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Signed: 2/8/2024 7:41:09 AM
Electronic Record and Signature Disclosure:

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Arthur Belton
[email protected]
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Using IP Address: 50.59.22.2
Sent: 2/8/2024 7:41:10 AM
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Electronic Record and Signature Disclosure:

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ID: b64ca545-a924-4d05-abcf-53c92558c297
Lauren Lai
[email protected]
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(None)
Declined
Decline Reason: my authority is not required for this
application. thank you
Sent: 2/8/2024 9:02:58 AM
Viewed: 2/8/2024 10:46:17 AM
Declined: 2/9/2024 5:04:56 PM
Electronic Record and Signature Disclosure:

Accepted: 2/8/2024 10:46:17 AM
ID: 07dc4a79-b056-436e-9ffe-fa9b5ebea140
Jared Hernandez
[email protected]
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Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michael Fossati
[email protected]
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Matt Cano
[email protected]
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Ned Thomas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 10/12/2023 9:38:02 PM
ID: d23a477d-4dec-4f7b-9b90-ecc08050aabf
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/28/2022 6:22:00 PM Parties agreed to: Bill Tott, Arthur Belton, Lauren Lai, Ned Thomas