2) Identifying eligible customers with the need for parking lot and exterior lighting upgrades
3) Effectively presenting the program and securing customer participation 4) Follow-up visits to all participating customers to verify measures were installed and are operating properly, and addressing any customer questions or concerns before considering a project complete
5) Complete and accurate invoicing and reporting of all program activity to SVP The Program is designed to perform well in all phases of the program.
Mix of Measures
The Program measures are focused on LED parking lot fixtures and LED upgrades to existing fixtures. The program will include the following measures:
• LED Screw-In Based "Corncob" Retrofit
• LED Parking Garage Fixtures
• LED Canopy Fixtures
• LED Shoebox Area Lighting
• LED Cobra Head Area Lighting
• LED Wall Pack
Measure Descriptions
LED Screw-In Based "Corncob" Retrofits: Screw directly into existing screw-in based HID fixtures.
Requires rewiring the fixture to bypass the existing ballast.
LED Parking Garage Lighting: Replaces existing HID fixtures most commonly found throughout parking garages.
LED Canopy Lighting: Replaces existing HID fixtures most commonly found in gas station island canopies.
LED Pole/Wall Lighting: LED Shoebox and Cobra head fixtures replace existing HID fixtures most commonly found throughout commercial parking lots, roadways, auto-dealerships, and building perimeters.
LED Wall packs: LED wall pack fixtures replace pre-existing HID wall packs.
Subscribing the Program
In FY15 and FY16, ESG performed snapshot audits on over 2,500 of SVP's commercial customers. During these visits, ESG identified approximately 438 small to mid-sized commercial customers with parking lot lighting. In additional to these sites, SVPs mid-size commercial customers are also eligible for the program. Energy Efficiency Advisors (EEAs) will visit customer sites, explain the program and encourage them to participate. For the customers ESG has served in the previous phases of the program, we expect that a large majority of these customers will allow the EEA in and listen to the program presentation because these doors are now "warm" and the customers are familiar with ESG. During customer site visits, the EEA will:
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
Page2
• Ask to talk with the decision maker
• Explain the Program offer to the customer
• Persuade the customer to agree to install/upgrade their exterior lighting with LEDs • If customer agrees, verify the quantity and type of fixtures or upgrade kits needed for the exterior lights
• Schedule a follow up visit with the customer to deliver the LED lighting equipment When the EEA delivers the LED lighting equipment to the customer, the EEA will schedule another appointment with the customer to return and verify the installation of the fixtures. This will provide the customer with an installation deadline.
ESG has learned through experience that it can take several contacts with a customer and can be a time intensive task to get them ready to take delivery of LED lighting equipment for installation. EEAs have demonstrated the persistence needed to accomplish this task.
Customer Satisfaction
A final verification inspection will be performed on all projects completed. During the final visit, the EEA will assure that any customer questions or concerns are addressed and resolved before closing the project and invoicing SVP. ESG understands the importance of emphasizing with the customer that the program is coming from SVP and using the program experience to help SVP build/strengthen their relationships with their customers.
Reporting and Invoicing
ESG thoroughly understands the CEC reporting requirements for utility energy efficiency programs. Because of this, ESG is able to generate complete and accurate activity report and invoice formats that make it easy for SVP to track budgets, program expenses, and report program results to the State. ESG will prepare monthly activity reports and invoices as required bySVP.
Turnkey Administration
ESG will provide complete turnkey program administration, including:
• Program development (product selection, marketing materials, customer outreach) • Customer service/support
• Delivery of LED exterior lighting equipment
• Warranty information
• Reporting/invoicing
• CEC compliance support
A. Program Targets
This program is available to small and mid-size commercial customers that receive electric service from SVP. Based on the proposed budget, the program will save an estimated 715,665 kWh annually.
B. Incentive Structure
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
Page3
All LED fixtures/lamps will be provided at no cost to the customer. The customer will be responsible for their installation (either maintenance staff or hiring an electrician).
C. Program Budget
ESG's fees for this program include:
• A fee for marketing and presenting the program offer to each customer • A program subscription/administration fee for projects completed in the program • Cost per fixture/lamp installed
Program fees cover all costs, including program development activities, marketing/outreach, labor, materials (including mounting hardware and photocells), State sales tax, travel expenses and admin/overhead.
The proposed budget of $499,997 is expected to serve 72 commercial customers. Because all program costs are covered in the program fees, the budget can be scaled up or down with little expected change to program financial performance.
t.Jtility.
t.Jnit GostJF!rice
ID'escription ffiy.pe Per l.lnit
Site Visit & Program Presentaticm Audit $100
Completed Project Administration. Project $375
Wall Pack 70W MH Replacement Fixture $285
Wall Pack 1 00W MH Replacement Fixture $285
Wall Pack 150W MH Replacement Fixture $285
Wall Pack 175W MH Replacement Fixture $320
Wall Pack 250W MH Replacement Fixture $383
Wall Pack 400W MH Replacement Fixture $519
Wall Pack 70W MH Replacement
w/Photocell Fixture $293
Wall Pack 1 00W MH Replacement
w/Photocell Fixture $293
Wall Pack 150W MH Replacement
w/Photocell Fixture $316
Wall Pack 175W MH Replacement
w/Photocell Fixture $350
Wall Pack 250W MH Replacement
w/Photocell Fixture $383
Wall Pack 400W MH Replacement
w/Photocell Fixture $560
HID - Screw-in Base 70W Replacement Retrofit $147
HID- Screw-in Base 100W Replacement Retrofit $147
HID - Screw-in Base 125W Replacement Retrofit $147
HID - Screw-in Base 150W Replacement Retrofit $147
HID - Screw-in Base 175W Replacement Retrofit $190
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
Estimated
Estimated Utility
t.Jnits Cost
762 $76,200
76.2 $28,575
24.38 $6,948
0.76 $217
0.76 $217
31.24 $9,997
38.1 $14,592
15.24 $7,910
26.67 $7,814
0.76 $223
153.92 $48,639
47.24 $16,534
38.1 $14,592
22.86 $12,802
.40 $59
.40 $59
60.96 $8,961
45.3 $6,659
2.29 $4.34
Page4
HID- Screw-in Base 250W Replacement Retrofit $230
HID- Screw-in Base 600W Replacement Retrofit $418
HID- Screw-in Base 700W Replacement Retrofit $397
HID -Retrofit Kit w/Driver 400W Retrofit
Replacement Kit $413
HID - Retrofit Kit w/Driver 600W Retrofit
Replacement Kit $445
HID - Retrofit Kit w/Driver 700W Retrofit
Replacement Kit $572
HID - Retrofit Kit w/Driver 900W Retrofit
Replacement Kit $742
HID - Retrofit Kit w/Driver 1 OOOW Retrofit
Replacement Kit $990
Canopy Parking Garaoe ?OW HID Fixture $240
Canopy Parking Garage 125W HID Fixture $250
Canopy Parking Garage 1 SOW HID Fixture $280
Canopy Parking Garage 175-250W HID Fixture $304
Canopy Parking Garage 250W HID Fixture $266
Canoov Gas Stations 250W HID Fixture $279
Canopy Gas Stations 400W HID Fixture $638
Canoov Gast Stations - Slim - ?OW HID Fixture $350
Canoov Gast Stations - Slim - 125W HID Fixture $395
Canopy Gast Stations - Slim - 175W HID Fixture $396
Canopy Gast Stations - Slim - 250W HID Fixture $327
Canoov Gast Stations -Slim - 320W HID Fixture $599
Canoov Gast Stations - Slim - 400W HID Fixture $637
Area Light (Pole/Wall) 175W HID Medium
Shoebox Fixture $665
Area Light (Pole/Wall) 250W HID Medium
Shoebox Fixture $676
Area Light (Pole/Wall) 320W HID Medium
Shoebox Fixture $717
Area Light (Pole/Wall) 400W HID Medium
Shoebox Fixture $759
Area Light (Pole/Wall) 400W HID Large
Shoebox Fixture $759
Area Light (Pole/Wall) 500W HID Large
Shoebox Fixture $985
Area Light (Pole/Wall) 600W HID Large
Shoebox Fixture $985
Area Light (Pole/Wall) 750W HID Large
Shoebox Fixture $985
Area Light (Pole/Wall) 175W HID Medium
Cobra Fixture $654
Area Light (Pole/Wall) 250W HID Medium
Cobra Fixture $687
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
0.38 $87
0.38 $159
1.52 $605
0.76 $315
0.76 $338
0.76 $435
0.76 $564
7.62 $7,544
0.76 $182
0.38 $95
0.38 $106
0.38 $116
0.76 $202
0.38 $106
0.38 $242
.40 $140
0.76 $300
19.81 $7,845
0.76 $249
0.38 $228
0.38 $242
38.1 $25,337
60.96 $41,209
7.62 $5,464
15.24 $11,567
22.86 $17,351
0.76 $749
0.76 $749
0.76 $749
30.48 $19,934
76.2 $52,349
Page5
Area Light (Pole/Wall) 400W HID Medium 38.1 $28,842 Cobra Fixture $757 Area Light (Pole/Wall) 500W HID Large 0.76 $749 Cobra Fixture $985 Area Light (Pole/Wall) 750W HID Large 0.76 $749 Cobra Fixture Program Strategy/Avoiding Lost Opportunities
The Program benefits from having a list of customer sites already verified as having parking lot lighting equipment. SVP has already invested in developing relationships with these customers through the Commercial Direct Install and Snapshot Audit Program and the previous Exterior Lighting Direct Install and Snapshot Audit program. By including this specific program offering to those customers identified with parking lot lighting, SVP is taking advantage of this discovered opportunity and not allowing it to go unaddressed.
Program Objectives
Obiective #1: Present the program to enough customers to identify approximately 72 customers willing to participate in the program.
Objective #2: Persuade customers to install approximately 885 parking lot and exterior light fixtures or upgrade kits.
Program Metrics
The proposed metrics for this program include, but are not limited to, the following:
• # of business subscribed
• # of measures installed
• Amount of program budget utilized
• Customer satisfaction
All program metrics will be tracked on a monthly and program-to-date basis. Metrics will be generated by site audit data detailing measure upgrade opportunities, verified measures installed, and customer satisfaction as determined during final verification inspections. Activity reports will include a budget tracker to show how much of the program budget has been utilized and the amount of remaining program budget.
D.
E. Program Implementation
F.
The Program has been implemented and was recently offered to SVP small and mid-size commercial customers until the contract ended in January 2020. The purpose of this Scope of Work is to renew the program to take advantage of remaining energy efficiency opportunities. No additional implementation tasks are necessary to continue administration of the Program.
Based on the proposed budget and the length of time it takes to gain customer agreement to participate, program delivery is expected to span two years from the time the contract is approved.
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
Page6
Program Development
Program development tasks have been completed in earlier phases of the program. ESG and SVP will work together to assure that ESG has the most current eligible customer lists.
Program Delivery
Task: Customer Service/Support
The Program will have a phone number for customers to call with questions about the program or if they need to talk with a Program field representative. This number will connect customers directly to program staff that can answer questions about the program and, if applicable, put them in a queue for an on-site visit by program subscription staff. ESG also maintains a toll-free number for customers to call if they need to speak to a program representative immediately and the local field rep is not available to answer a call. This assures that SVP customers will always be able to get in touch with Program staff.
Task: Program Presentation and Subscription
The EEA will visit customer sites to present the program and sign them up to participate. The following are the objectives for the site visit.
• Identify the decision maker and present the program to them • Evaluate the existing parking light lighting and determine quantity and type of LED upgrade equipment is appropriate
• Offer the LED equipment to the customer and ask them to commit to the installation • Persuade customer to participate and have them sign participation documents • Set appointment with customer to deliver LED parking lot lighting equipment • Enter all activity from the site visit into the iPad application and upload to database Task: Order LED Lighting Equipment
Place orders for equipment needed to complete projects.
Task: Exterior Lighting Equipment Delivery
The EEA will deliver the LED parking lot lighting equipment to the customer and schedule an appointment for the final verification site visit.
Task: Final Verification Site Visits
EEA will visit the customer site a final time and verify that the LED lighting has been installed.
They will also make sure any customer questions or concerns are addressed before they finalize the project and invoice SVP.
Task: Warranty Information
LED exterior lighting products delivered under the program will carry the standard manufacturer warranty (typically 2-3 years).
Task: Reporting/Invoicing
Detailed activity reports will be provided to SVP on a monthly basis, along with the monthly invoice for work completed. Reports will include all customers served, and detailed information regarding measures installed at each customer site.
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
Page?
Task: CEC Compliance Support
ESG will maintain the documentation necessary to support SVP's reporting requirements (SB 1037, EM&V) for no less than five years.
Payment Schedule
ESG will submit invoices to SVP monthly, accompanied by detailed reports showing each site visited and work performed at each customer/business site. ESG's payment terms are net 30 days.
If an invoice error is identified by SVP, a corrected invoice will be submitted by ESG within five business days of receiving notification from SVP.
Customer Interface
ESG will continue to employ the same successful recruitment strategy utilized in delivering the current Program. Effective recruitment of program participants begins with the coordination of effort between ESG and SVP. For example, a utility-endorsed letter is presented to customers on the targeted list that lends creditability to the program and introduces ESG as an approved SVP partner. Following this initial utility contact, EEAs will continue to visit sites on the target customer list. In most cases this will not be the first time an EEA has been onsite talking with the customer, so this program does not require any "cold-calling". If the EEA is unable to speak to the decision maker during an initial site visit, leave-behind materials will be provided and will include information for the customer to schedule a future visit. The EEA will follow-up with the customer at a later time.
It often takes several conversations with a customer before they agree to install the LED lighting equipment. The EEAs must be persistent in pursing the customer until they have an answer regarding the customer's willingness to participate in the program.
Strategic Partners
ESG will serve as the program administrator for the Program. In addition, ESG has one other partner we plan to have help in the implementation of the program. ESG has had a relationship with this partner for over seven years and has successfully delivered utility programs with them; including the current Program for SVP. Our program partner is:
RD Energy Solutions
7333 SE Ellis St.
Portland, OR 97206
Detailed Information
Efficiency Services Group key program personnel include:
Mark Gosvener, COO - Contract related issues and general oversight of the program, main point of contact for SVP.
Miranda Boutelle, Program Manager - Program administration, reporting, invoicing.
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
Dave Barnhart, Manager of Direct Install Services - General oversight of all field activity and coordination with RD Energy Solutions.
ESG program administration responsibilities include:
• Communication with SVP; ESG will serve as SVP's point of contact for anything related to the Commercial Program
• Coordinating all program development tasks with our program partner • Activity reporting and invoicing
• Budget tracking
• Customer follow-up visits and measure verification
RD Energy Solutions: Key Personnel include:
Zack Lewetag, Vice President of Operations - Coordination of all field activity and oversight of EEAs
Mark Brost, Energy Efficiency Manager - Manages EEAs, product delivery, customer interaction and contractor liaison.
RD Energy Solutions is the partner that performs the customer interface and field functions for the Program. ESG and RD have partnered to implement EE programs to over 32 utilities in California and the Northwest. RD will perform the following tasks:
• Initial customer outreach and program subscription activities • Ordering and delivery of LED exterior lighting equipment needed to complete installations • Entering program activity for each business served into the iPad application • Follow-up verification inspections
Quality Assurance and Measure Verification Activities
The EEAs will be involved in all aspects of the program; from the initial visit to the final verification inspection. This will provide consistent project management of each customer site throughout the program. Final inspections will be performed on all projects to assure that the product is installed and operational, and that all customer needs have been met and customers are happy with the program experience.
Customer Complaint Resolution
Customer complaints are dealt with on a case-by-case basis depending on the specific needs of the customer. Customers may call ESG directly on our toll-free line, or they can contact the EEA that works for RD Energy Solutions. Phone numbers will be listed in program marketing materials, and the EEA will leave their contact information with the customers.
Customer complaints are considered urgent and receive an immediate call-back from a Program representative. Every effort is made to resolve the customer complaints completely and promptly.
During the final inspection, the customer will be asked if they have any questions or concerns.
Any concerns or complaints are forwarded via email to the appropriate Program representative Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
responsible for its resolution, and the responsible person is required to send an email reply that the complaint has been resolved and the customer is completely satisfied.
Marketing Activities
Experience has shown that customer response to the program is significantly improved by endorsement from their utility. This can be accomplished by SVP mailing a letter to the targeted list of customers prior to EEAs beginning their site visits.
ESG will work with SVP to develop/assemble any program or marketing collateral SVP would like presented to the customers during the EEAs visit.
The remainder of the marketing/sales activities will be relational, face-to-face discussions between the customers and the EEA. It may take several conversations and/or site visits by the EEA to subscribe and complete projects under this program.
Measurement and Verification of Savings Discussion
KWh savings values for all exterior fixtures are based on calculations based on pre/post wattages, and assume fixtures are on all night. kWh saving assumption calculations are available upon request.
Savings Estimate per Item
Co t Administration Pro·ect 76.2
Wall Pack 70W MH Re cement Fixture 24.4 292 7120
Wall Pack 1 OOW MH Re lacement Fixture 0.8 439 335
Wall Pack 150W MH Re lacement Fixture 0.8 648 494
Wall Pack 175W MH Re lacement Fixture 31.2 702 21932
Wall Pack 250W MH Re lacement Fixture 38.1 994 37871
Wall Pack 400W MH Re lacement Fixture 15.2 1464 22311
Wall Pack 70W MH Replacement 26.7 7788 w/Photocell Fixture 292 Wall Pack 1 OOW MH Replacement 0.8 335 w/Photocell Fixture 439 Wall Pack 150W MH Replacement 153.9 99743 w/Photocell Fixture 648 Wall Pack 175W MH Replacement 47.2 33165 w/Photocell Fixture 702 Wall Pack 250W MH Replacement 38.1 37871 w/Photocell Fixture 994 Wall Pack 400W MH Replacement 22.9 33467 w/Photocell Fixture 1464 HID - Screw-in Base ?OW Replacement Retrofit 0.4 287 114.8 Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Page 10 Rev. 07-01-18
HID - Screw-in Base 100W Replacement Retrofit 19.4
HID - Screw-in Base 125W Replacement Retrofit 61
HID - Screw-in Base 150W Replacement Retrofit 45.3
HID - Screw-in Base 175W Replacement Retrofit 2.3
HID - Screw-in Base 250W Replacement Retrofit 03.8
HID - Screw-in Base 600W Replacement Retrofit 1.5
HID - Screw-in Base 700W Replacement Retrofit 1.5
HID -Retrofit Kit w/Driver 400W 0.8 Replacement Retrofit Kit HID - Retrofit Kit w/Driver 600W 0.8 Replacement Retrofit Kit HID - Retrofit Kit w/Driver 700W 0.8 Replacement Retrofit Kit HID - Retrofit Kit w/Driver 900W 0.8 Replacement Retrofit Kit HID - Retrofit Kit w/Driver 1000W 7.6 Replacement Retrofit Kit Canoov Parking Garaae 70W HID Fixture 0.8
Canopv Parkina Garaae 125W HID Fixture 7.6
Canopy Parking Garage 150W HID Fixture 0.4
Canopv Parkina Garage 175-250W HID Fixture 0.4
Canoov Parkina Garaae 250W HID Fixture 19.1
Canopy Gas Stations 250W HID Fixture 11.4
Canopy Gas Stations 400W HID Fixture 1.5
Canopy Gast Stations - Slim - 70W HID Fixture .4
Canoov Gast Stations - Slim - 125W HID Fixture 0.8
Canopv Gast Stations - Slim - 175W HID Fixture 19.81
Canopy Gast Stations - Slim - 250W HID Fixture 0.8
Canopy Gast Stations - Slim - 320W HID Fixture .8
Canopy Gast Stations - Slim - 400W HID Fixture 1.5
Area Light (Pole/Wall) 175W HID Medium 38.1 Shoebox Fixture Area Light (Pole/Wall) 250W HID Medium 61 Shoebox Fixture Area Light (Pole/Wall) 320W HID Medium 7.6 Shoebox Fixture Area Light (Pole/Wall) 400W HID Medium 15.2 Shoebox Fixture Area Light (Pole/Wall) 400W HID Large 22.9 Shoebox Fixture Area Light (Pole/Wall) 500W HID Large 0.8 Shoebox Fixture Area Light (Pole/Wall) 600W HID Large 0.8 Shoebox Fixture Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
447 8672
493 30053
493 22333
656 1500
882 3360
2132 3249
2583 3936
1468 1119
2132 1625
2583 1968
3075 2343
3198 24369
287 219
513 3905
656 250
615 234
1046 19917
882 10076
1439 2193
287 114.8
513 391
697 13809
882 672
1128 859
1386 2112
533 20307
791 48238
1091 8310
1300 19807
1300 29711
1222 931
1632 1243
Area Light (Pole/Wall) 750W HID Large 0.8 Shoebox Fixture Area Light (Pole/Wall) 175W HID Medium 30.5 Cobra Fixture Area Light {Pole/Wall) 250W HID Medium 76.2 Cobra Fixture Area Light (Pole/Wall) 400W HID Medium 38.1 Cobra Fixture Area Light (Pole/Wall) 500W HID Large 0.8 Cobra Fixture Area Light {Pole/Wall) 750W HID Large 0.8 Cobra Fixture ffilii~E
Agreement with Efficiency Services Group LLC/Exhibit A-Scope of Services Rev. 07-01-18
2214 1687
533 16246
783 59672
1275 48581
1451 1106
2116 1612
715,665
EXHIBIT B
SCHEDULE OF FEES
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
[l)escrimtion
Site Visit & Program Presentation
Completed Project Administration
Wall Pack ?OW MH Replacement
Wall Pack 100W MH Replacement
Wall Pack 150W MH Replacement
Wall Pack 175W MH Replacement
Wall Pack 250W MH Replacement
Wall Pack 400W MH Replacement
Wall Pack 70W MH Replacement w/Photocell
Wall Pack 1 OOW MH Replacement w/Photocell
Wall Pack 150W MH Replacement w/Photocell
Wall Pack 175W MH Replacement w/Photocell
Wall Pack 250W MH Replacement w/Photocell
Wall Pack 400W MH Replacement w/Photocell
HID- Screw-in Base 70W Replacement
HID - Screw-in Base 1 OOW Replacement
HID - Screw-in Base 125W Replacement
HID - Screw-in Base 150W Replacement
HID- Screw-in Base 175W Replacement
HID - Screw-in Base 250W Replacement
HID - Screw-in Base 600W Replacement
HID - Screw-in Base 700W Replacement
HID -Retrofit Kit w/Driver 400W Replacement
HID - Retrofit Kit w/Driver 600W Replacement
HID - Retrofit Kit w/Driver 700W Replacement
HID - Retrofit Kit w/Driver 900W Replacement
HID - Retrofit Kit w/Driver 1 OOOW Replacement
Canopy Parking Garage 70W HID
Canopy Parking Garage 125W HID
Agreement with Efficiency Services Group, LLC/Exhibit B-Schedule of Fees Rev. 07-01-18
Utility
l.ilnit "Fype ©ostlRl"'ice
Per l..lnit
Audit $100
Project $375
Fixture $285
Fixture $285
Fixture $285
Fixture $320
Fixture $383
Fixture $519
Fixture $293
Fixture $293
Fixture $316
Fixture $350
Fixture $383
Fixture $560
Retrofit $147
Retrofit $147
Retrofit $147
Retrofit $147
Retrofit $190
Retrofit $230
Retrofit $418
Retrofit $397
Retrofit Kit $413
Retrofit Kit $445
Retrofit Kit $572
Retrofit Kit $742
Retrofit Kit $990
Fixture $240
Fixture $250
Canopy Parking Garage 150W HID
Canopy Parking Garage 175-250W HID
Canopy Parking Garage 250W HID
Canopy Gas Stations 250W HID
Canopy Gas Stations 400W HID
Canopy Gast Stations - Slim - ?OW HID
Canopy Gast Stations - Slim - 125W HID
Canopy Gast Stations - Slim - 175W HID
Canopy Gast Stations - Slim -250W HID
Canopy Gast Stations - Slim - 320W HID
Canopy Gast Stations - Slim - 400W HID
Area Light (Pole/Wall) 175W HID Medium Shoebox
Area Light (Pole/Wall) 250W HID Medium Shoebox
Area Light (Pole/Wall) 320W HID Medium Shoebox
Area Light (Pole/Wall} 400W HID Medium Shoebox
Area Light (Pole/Wall) 400W HID Large Shoebox
Area Light (Pole/Wall) 500W HID Large Shoebox
Area Ught (Pole/Wall) 600W HID Large Shoebox
Area Light (Pole/Wall) 750W HID Large Shoebox
Area Light (Pole/Wall) 175W HID Medium Cobra
Area Light (Pole/Wall) 250W HID Medium Cobra
Area Light (Pole/Wall) 400W HID Medium Cobra
Area Light (Pole/Wall) 500W HID Large Cobra
Area Light (Pole/Wall) 750W HID Large Cobra
Agreement with Efficiency Services Group, LLC/Exhibit B-Schedule of Fees Rev. 07-01-18
Fixture $280
Fixture $304
Fixture $266
Fixture $279
Fixture $638
Fixture $350
Fixture $395
Fixture $396
Fixture $327
Fixture $599
Fixture $637
Fixture $665
Fixture $676
Fixture $717
Fixture $759
Fixture $759
Fixture $985
Fixture $985
Fixture $985
Fixture $654
Fixture $687
Fixture $757
Fixture $985
Fixture $985
Page2
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Efficiency Services Group, LLC /Exhibit C-lnsurance Requirements Rev. 07-01-18
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 1 O 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other Agreement with Efficiency Services Group, LLC /Exhibit C-lnsurance Requirements Rev. 07-01-18
3. insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of Agreement with Efficiency Services Group, LLC /Exhibit C-lnsurance Requirements Rev. 07-01-18
complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Electric Department
P.O. Box 100085- S2 or
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
1 EbixWay
John's Creek, GA 30097
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Efficiency Services Group, LLC /Exhibit C-lnsurance Requirements Rev. 07-01-18
Page4
Ebix Insurance No. S200003015
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
EFFICIENCY SERVICES GROUP, LLC
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Efficiency Services Group, LLC, an Oregon Limited Liability Corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled Agreement for Services between the City of Santa Clara, California, and Efficiency Services Group, LLC. dated April 15, 2020 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor administer the Commercial Parking Lot & Exterior Lighting Program (the Program) to Silicon Valley Power's (SVP) small and mid-sized business customers with a goal of upgrading exterior HID wall fixtures and parking lot lights to new LED fixtures.
C. Due to the success of the program, the Parties now wish to amend the Agreement to add additional compensation.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT" is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is one million dollars ($1,000,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation unless authorized through an executed amendment to this Agreement.
Amendment No. 1 to AgreemenUEfficiency Services Group, LLC Rev. 10125/2019
2. Exhibit A - Scope of Services is hereby deleted and replaced with Exhibit A - Scope of Services -Amended March 1, 2021.
3. Exhibit 8 - Schedule of Fees is hereby deleted and replaced with Exhibit B - Compensation and Fee Schedule -Amended March 1, 2021.
4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: -? I \ i-l 1--01.-\
BRIAN DOYLE
City Attorney
D[g!lally signod by Calo
Arellano
Date: 2021.03.1115:41:02
-08'00'
~ City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
EFFICIENCY SERVICES GROUP, LLC
a California corporation
Dated: _ )_~~--'---'---
1 / o_ /2_:-1--.,,.-------
By (Signature): ---- --,£....:.~--#J[µ:L?L..-...::D~~"-;2~-11.,..d<<Z====~--====::~::::----- Name: Mark Govener
Title: Chief Operating Officer
Principal Place of 5625 NE Elam Young Parkway, Suite 100 Business Address: Hillsboro, Oregon, 97124
Email Address: [email protected]
Telephone: ( 503) 869-5131
Fax: ------------------"CONTRACTOR"
Amendment No. 1 to AgreemenUEfficiency Services Group, LLC Rev. 10/25/2019
AGREEMENT FOR SERVICES
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
EXHIBIT A - SCOPE OF SERVICES
AMENDED MARCH 1, 2021
The Services to be performed for the City by the Contractor under this Agreement to administer the Commercial Parking Lot & Exterior Lighting Program (Program) to Silicon Valley Power's (SVP) small and mid-sized business customers as further defined in this Exhibit A.
1. Program Description
Efficiency Services Group (ESG) will administer the Commercial Parking Lot & Exterior Lighting Program (the Program) to Silicon Valley Power's (SVP) small and mid-sized business customers interested in retrofitting their exterior lighting with more efficient LED lighting with a goal of upgrading exterior HID wall fixtures and parking lot lights to new LED fixtures.
1.1. Program Overview
1.1.1. The Program is designed to have a focused, efficient approach to helping customers upgrade their exterior lighting.
1.1.2. Fixtures are provided to the customer at no cost, and the customer is responsible for the installation. Customers may install the fixtures themselves or hire an electrician to install the fixtures for them. ESG has found that most customers hire an electrician to install the fixtures.
1.1.3. ESG verifies the installations of all LED fixtures prior to invoicing SVP.
1.1.4. The Program has demonstrated that some customers will pay for the installation that would otherwise not participate in SVPs standard lighting program.
1.2. ESG believes that renewing this program will provide the opportunity for SVP to:
1.2.1. Continue to strengthen and build on the relationships established with customers through the Commercial Direct Install and Snapshot Auditing program
1.2.2. Afford significant energy and cost savings to targeted customers Amendment No. 1 to AgreemenUEfficiency Services Group, LLC Rev. 10/25/2019
Page3
1.2.3. Reduce customer maintenance costs and increase customer security
1.2.4. Contribute savings toward AB2021 targets
1.2.5. Reduce greenhouse gas emissions, which helps to contribute to the City of Santa Clara's Climate Action plan goals.
1.3. The success of the program requires the effective implementation of five strategies:
1.3.1. Selection of measures to address the upgrade opportunities identified at customer sites
1.3.2. Identifying eligible customers with the need for parking lot and exterior lighting upgrades
1.3.3. Effectively presenting the program and securing customer participation
1.3.4. Follow-up visits to all participating customers to verify measures were installed and are operating properly, and addressing any customer questions or concerns before considering a project complete
1.3.5. Complete and accurate invoicing and reporting of all program activity to SVP
1.4. The Program is designed to perform well in all phases of the program.
2. Program Measures:
2.1. The measures selected for inclusion in the Program are designed to take advantage of exterior lighting opportunities that ESG identified from the snapshot audits performed during a previous phase of the Program when ESG visited 2,500 customer sites.
2.2. Mix of Measures: The Program measures are focused on LED parking lot fixtures and LED upgrades to existing fixtures. The program will include the following measures:
2.2.1. LED Screw-In Based "Corncob" Retrofit
2.2.2. LED Parking Garage Fixtures
2.2.3. LED Canopy Fixtures
2.2.4. LED Shoebox Area Lighting
2.2.5. LED Cobra Head Area Lighting
2.2.6. LED Wall Pack
Amendment No. 1 to AgreemenUEfficiency Services Group, LLC Rev. 10/25/2019
Page4
2.3. Measure Descriptions
2.3.1. LED Screw-In Based "Corncob" Retrofits: Screw directly into existing screw-in based HID fixtures. Requires rewiring the fixture to bypass the existing ballast.
2.3.2. LED Parking Garage Lighting: Replaces existing HID fixtures most commonly found throughout parking garages.
2.3.3. LED Canopy Lighting: Replaces existing HID fixtures most commonly found in gas station island canopies.
2.3.4. LED Pole/Wall Lighting: LED Shoebox and Cobra head fixtures replace existing HID fixtures most commonly found throughout commercial parking lots, roadways, auto-dealerships, and building perimeters.
2.3.5. LED Wall packs: LED wall pack fixtures replace pre-existing HID wall packs.
3. Subscribing the Program
3.1. Snapshot Audits
3.1.1. In FY15 and FY16, ESG performed snapshot audits on over 2,500 of SVP's commercial customers.
3.1.2. During these visits, ESG identified approximately 438 small to mid sized commercial customers with parking lot lighting.
3.1.3. In additional to these sites, SVPs mid-size commercial customers are also eligible for the program.
3.2. Site Visits
3.2.1. EEG representatives hereinafter referred to as Energy Efficiency Advisors (EEA) will visit customer sites, explain the program and encourage the customer to participate. For the customers ESG has served in the previous phases of the program, ESG expects that a majority of these customers will allow the EEA in and will listen to the program presentation because these doors are now "warm" and the customers are familiar with ESG.
3.2.2. During initial customer site visits, the EEA will:
3.2.2.1. Ask to talk with the decision maker
3.2.2.2. Explain the Program offer to the customer
Amendment No. 1 to Agreement/Efficiency Services Group, LLC R""" 1 nl?Fi/201 9
3.2.2.3. Ask the customer to agree to install/upgrade their exterior lighting with LEDs
3.2.2.4. If customer agrees, verify the quantity and type of fixtures or upgrade kits needed for the exterior lights
3.3. Delivery and Follow Up
3.3.1. If customer agrees to install lighting fixtures, ESG will schedule a follow up visit with the customer to deliver the LED lighting equipment. ESG has learned through experience that it can take several contacts with a customer and can be a time intensive task to get the customer ready to take delivery of LED lighting equipment for installation. EEAs have demonstrated the persistence needed to accomplish this task.
3.3.2. When the EEA delivers the LED lighting equipment to the customer, the EEA will schedule another appointment with the customer to return and verify the installation of the fixtures. This also serves to provide the customer with an installation deadline.
3.3.3. A final verification inspection will be performed on all projects completed. During the final visit, the EEA will assure that any customer questions or concerns are addressed and resolved before closing the project and invoicing SVP. ESG understands the importance of emphasizing with the customer that the program is initiated by SVP and using the program experience to help SVP build/strengthen their relationships with their customers.
4. Reporting and Invoicing
4.1. ESG thoroughly understands the CEC reporting requirements for utility energy efficiency programs. Because of this, ESG is able to generate complete and accurate activity report and invoice formats that make it easy for SVP to track budgets, program expenses, and report program results to the State.
4.2. ESG will prepare monthly activity reports and invoices as required by SVP.
5. Turnkey Administration: ESG will provide complete turnkey program administration, including:
5.1. Program development (product selection, marketing materials, customer outreach)
5.2. Customer service/support
5.3. Delivery of LED exterior lighting equipment
Amendment No. 1 to AgreemenUEfficiency Services Group, LLC R"",, 1n/?/i/?01Q
Page6
5.4. Warranty information
5.5. Reporting/invoicing
5.6. CEC compliance support
6. Program Targets: This program is available to small and mid-size commercial customers that receive electric service from SVP. Based on the proposed budget, the program will save an estimated 1,422,323 kWh annually.
7. Incentive Structure: All LED fixtures/lamps will be provided at no cost to the SVP customer. The customer will be responsible for their installation (either using customer's maintenance staff or hiring an electrician).
8. Program Budget:
8.1. ESG's fees for this program are further outlined in Exhibit B - Fee Schedule and Payment Provisions and include:
8.1.1. Fee for marketing and presenting the program offer to each customer
8.1.2. Program subscription/administration fee for projects completed in the program
8.1.3. Cost per fixture/lamp installed
8.2. Program fees cover all costs, including program development activities, marketing/outreach, labor, materials (including mounting hardware and photocells), State sales tax, travel expenses, and administration/overhead.
9. Program Strategy/Avoiding Lost Opportunities
The Program benefits from having a list of customer sites already verified as having parking lot lighting equipment. SVP has already invested in developing relationships with these customers through the Commercial Direct Install and Snapshot Audit Program and the previous Exterior Lighting Direct Install and Snapshot Audit program. By including this specific program offering to those customers identified with parking lot lighting, SVP is taking advantage of this previously discovered opportunity instead of allowing it to go unaddressed.
10. Program Objectives
10.1. Objective #1: Present the program to enough customers to identify approximately 148 customers willing to participate in the program.
10.2. Objective #2: Secure enough customers to meet a target of approximately 1,770 parking lot and exterior light fixtures or upgrade kits.
11. Program Metrics
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
11.1. The proposed metrics for this program include, but are not limited to, the following:
11.1.1. Number of business subscribed
11.1.2. Number of measures installed
11.1.3. Percentage of program budget utilized
11.1.4. Customer satisfaction
11.2. ESG will track all program metrics on a monthly and program-to-date basis.
11.2.1. Metrics will be generated by site audit data detailing measure upgrade opportunities, verified measures installed, and customer satisfaction as determined during final verification inspections.
11.2.2. Activity reports will include a budget tracker to show how much of the program budget has been utilized and the amount of remaining program budget.
12. Program Development: Program development tasks have been completed in earlier phases of the program. ESG and SVP will work together to assure that ESG has the most current eligible customer lists.
13. Program Delivery
13.1. Task: Customer Service/Support
13.1.1. ESG will maintain a phone number for customers to call with questions about the Program or if the customer needs to talk with a Program field representative. This number will connect customers directly to Program staff that can answer questions about the Program and, if applicable, put them in a queue for an on-site visit by Program subscription staff.
13.1.2. ESG will also maintain a toll-free number for customers to call if they need to speak to a Program representative immediately and the local field rep is not available to answer a call. This assures that SVP customers will always be able to get in touch with Program staff.
13.2. Task: Program Presentation and Subscription: The EEA will visit customer sites to present the program and sign them up to participate. The following are the objectives for the site visit.
13.2.1. Identify the decision maker and present the program to them Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
13.2.2. Evaluate the existing parking light lighting and determine quantity and type of LED upgrade equipment is appropriate
13.2.3. Offer the LED equipment to the customer and ask the customer to commit to the installation
13.2.4. If customer agrees to participate, EEA will have the customer sign participation documents
13.2.5. Set appointment with customer to deliver LED parking lot lighting equipment
13.2.6. Enter all activity from the site visit into the application and upload to database
13.3. Task: Order LED Lighting Equipment: ESG will place orders for equipment needed to complete projects.
13.4. Task: Exterior Lighting Equipment Delivery: EEA will deliver the LED parking lot lighting equipment to the customer and schedule an appointment for the final verification site visit.
13.5. Task: Final Verification Site Visits: EEA will visit the customer site a final time and verify that the LED lighting has been installed. EEA will also make sure any customer questions or concerns are addressed before they finalize the project and invoice SVP.
13.6. Task: Warranty Information: LED exterior lighting products delivered under the program will carry the standard manufacturer warranty (typically 2-3 years).
13.7. Task: Reporting/Invoicing: Detailed activity reports will be provided to SVP on a monthly basis, along with the monthly invoice for work completed. Reports will include all customers served, and detailed information regarding measures installed at each customer site.
13.8. Task: CEC Compliance Support: ESG will maintain the documentation necessary to support SVP's reporting requirements (SB 1037, EM&V) for no less than five years.
14. Customer Interface
14.1. ESG will continue to employ the same successful recruitment strategy utilized in delivering the current Program.
14.2. ESG understands that effective recruitment of program participants begins with the coordination of effort between ESG and SVP.
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev_ 10/25/2019
14.2.1. For example, a utility-endorsed letter is presented to customers on the targeted list that lends creditability to the program and introduces ESG as an approved SVP partner.
14.2.2. Following this initial utility contact, EEAs will continue to visit sites on the target customer list. In most cases this will not be the first time an EEA has been onsite talking with the customer, so this program_ does not typically require any "cold-calling".
14.2.3. If the EEA is unable to speak to the decision maker during an initial site visit, leave-behind materials will be provided and will include information for the customer to schedule a future visit. The EEA will follow-up with the customer at a later time.
14.3. It often takes several conversations with a customer before the customer agrees to install the LED lighting equipment. The EEAs will be reasonably persistent in pursing the customer until they have an answer regarding the customer's willingness to participate in the program.
15. Strategic Partners
15.1. ESG will serve as the program administrator for the Program. ESG has one partner used in the implementation of the program RD Energy Solutions, 7333 SE Ellis St. , Portland, OR 97206
15.2. ESG has had a relationship with this RD Energy Solutions (RD) for over seven years and has successfully delivered utility programs with RD; including the current Program for SVP. ESG and RD have partnered to implement EE programs to over 32 utilities in California and the Northwest.
15.3. RD Key Personnel include:
15.3.1. Zack Lewetag, Vice President of Operations - Coordination of all field activity and oversight of EEAs
15.3.2. Mark Brost, Energy Efficiency Manager - Manages EEAs, product delivery, customer interaction and contractor liaison.
15.4. RD Energy Solutions is the partner that performs the customer interface and field functions for the Program. RD will perform the following tasks:
15.4.1. Initial customer outreach and program subscription activities
15.4.2. Ordering and delivery of LED exterior lighting equipment needed to complete installations
15.4.3. Entering program activity for each business served into the iPad application
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
15.4.4. Follow-up verification inspections
16. ESG Key Program Personnel
16.1. Mark Gosvener, COO - Contract related issues and general oversight of the program, main point of contact for SVP.
16.2. Miranda Boutelle, Program Manager - Program administration, reporting, invoicing.
16.3. Dave Barnhart, Manager of Direct Install Services - General oversight of all field activity and coordination with RD Energy Solutions.
17. ESG Program Administration Responsibilities:
17 .1. Communication with SVP; ESG will serve as SVP's point of contact for anything related to the Commercial Program
17.2. Coordinating all program development tasks with our program partner
17.3. Activity reporting and invoicing
17 .4. Budget tracking
17 .5. Customer follow-up visits and measure verification
18. Quality Assurance and Measure Verification Activities
18.1. The EEAs will be involved in all aspects of the program; from the initial visit to the final verification inspection. This will provide consistent project management of each customer site throughout the program.
18.2. Final inspections will be performed on all projects to assure that the product is installed and operational, and that all customer needs have been met and customers are happy with the program experience.
19. Customer Complaint Resolution
19.1. Customer complaints are dealt with on a case-by-case basis depending on the specific needs of the customer. Customers may call ESG directly on our toll-free line, or they can contact the EEA that works for RD Energy Solutions.
Phone numbers will be listed in program marketing materials, and the EEA will leave their contact information with the customers.
19.2. Customer complaints are considered urgent and receive an immediate call back from a Program representative. Every effort is made to resolve the. customer complaints completely and promptly.
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
19.3. During the final inspection, the customer will be asked if they have any questions or concerns. Any concerns or complaints are forwarded via email to the appropriate Program representative responsible for its resolution, and the responsible person is required to send an email reply that the complaint has been resolved and the customer is completely satisfied.
20. Marketing Activities
20.1. ESG's experience has shown that customer response to the program is significantly improved by endorsement from their utility. This endorsement is provided using a letter that the EEA shares with the customer at the first site visit. Alternately, at SVP's sole discretion, this can be accomplished by SVP mailing a letter to the targeted list of customers prior to EEAs beginning their site visits.
20.2. ESG will work with SVP to develop/assemble any program or marketing collateral SVP would like presented to the customers during the EEAs visit.
All materials will be approved by SVP in advance.
20.3. The remainder of the marketing/sales activities will be relational, face-to-face discussions between the customers and the EEA. It may take several conversations and/or site visits by the EEA to subscribe and complete projects under this program.
21. Measurement and Estimate of Savings are listed in Table A-1. KWh savings values for all exterior fixtures are based on calculations based on pre/post wattages, and assume fixtures are on all night. kWh saving assumption calculations are available upon request. Total kWh savings may change based on types of customers served by the Program and specific lighting fixtures and materials needed.
Amendment No. 1 to AgreemenUEfficiency Services Group, LLC Rev. 10/25/2019
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLE A-1 ESTIMATE OF COSTS AND kWh SAVINGS
Site Visit & Program Presentation Audit 1,524.000
Completed Project Administration Project 152.400
Wall Pack 70W MH Replacement Fixture 48.768 292
Wall Pack 100W MH Replacement Fixture 1.524 439
Wall Pack 150W MH Replacement Fixture 1.524 648
Wall Pack 175W MH Replacement Fixture 62.484 702
Wall Pack 250W MH Replacement Fixture 76.200 994
Wall Pack 400W MH Replacement Fixture 30.480 1,464
Wall Pack 70W M H Replacement w/Photocell Fixture 53.340 292 Wall Pack 1 00W MH Replacement w/Photocell Fixture 1.524 439 Wall Pack 150W MH Replacement w/Photocell Fixture 307.848 648 Wall Pack 175W MH Replacementw/Photocell Fixture 94.488 702 Wall Pack 250W MH Replacement w/Photocell Fixture 76.200 994 Wall Pack 400W MH Replacement w/Photocell Fixture 45.720 1,464 HID- Screw-in Base 70W Replacement Retrofit 30.000 493
HID - Screw-in Base 100W Replacement Retrofit 30.000 493 HID - Screw-in Base 125W Replacement Retrofit 61.920 493 HID - Screw-in Base 150W Replacement Retrofit 90.600 493 HID- Screw-in Base 175W Replacement Retrofit 4.572 656
HID - Screw-in Base 250W Replacement Retrofit 7.620 882 HID - Screw-in Base 600W Replacement Retrofit 3,048 2,132 HID- Screw-in Base 700W Replacement Retrofit 3.048 2,583 HID -Retrofit Kit w/Driver 400W Replacement Retrofit Kit 1.524 1,468 HID - Retrofit Kit w/Driver 600W Replacement Retrofit Kit 1.524 2,132 HID - Retrofit Kit w/Driver 700W Replacement Retrofit Kit 1.524 2,583 HID - Retrofit Kit w/Driver 900W Replacement Retrofit Kit 1.524 3,075 HID - Retrofit Kit w/Driver 1 000W Replacement Retrofit Kit 15.240 3,198 Canopy Parking Garage 70W HID Fixture 1.524 287
Amendment No. 1 to Agreement!Effic:iency Services Group, LLC Rev. 10/25/2019
14,240
669
988
43,864
75,743
44,623
15,575
669
199,486
66,331
75,743
66,934
14,790
14,790
30,527
44,666
2,999
6,721
6,498
7,873
2,237
3,249
3,936
4,686
48,738
437
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLEA-1 ESTIMATE OF COSTS AND kWh SAVINGS
Canopy Parking Garage 125W HID
Canopy Parking Garage 150W HID
Canopy Parking Garage 175-250W HID
Canopy Parking Garage 250W HID
Canopy Gas Stations 250W HID
Canopy Gas Stations 400W HID
Canopy Gast Stations - Slim - 70W HID
Canopy Gast Stations- Slim-125W HID
Canopy Gast Stations- Slim - 175W HID
Canopy Gast Stations -Slim -250W HID
Canopy Gast Stations-Slim - 320W HID
Canopy Gast Stations - Slim - 400W HID
Area light (Pole/Wall) 175W HID Medium Shoebox
Area Light (Pole/Wall) 250W HID Medium Shoebox
Area Light (Pole/Wall) 320W HID Medium Shoebox
Area Light (Pole/Wall} 400W HID Medium Shoebox
Area Light (Pole/Wall) 400W HID Large Shoebox
Area Light (Pole/Wall) 500W HID Large Shoebox
Area Light (Pole/Wall) 600W HID Large Shoebox
Area Light (Pole/Wall) 750W HID Large Shoebox
Area Light (Pole/Wall) 175W HID Medium Cobra
Area Light (Pole/Wall) 250W HID Medium Cobra
Area Light (Pole/Wall} 400W HID Medium Cobra
Area Light (Pole/Wall) 500W HID Large Cobra
Area Light (Pole/Wall) 750W HID Large Cobra
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
15.240 513
0.762 656
0.762 615
38.100 1,046
22.860 882
3.048 1,439
1.100 1,440
1.500 513
39.624 697
1.524 882
1.524 1,128
3.048 1,386
76.200 533
121.920 791
15.240 1,091
30.480 1,300
45.720 1,300
1.524 1,222
1.524 1,632
1.524 2,214
60.960 533
152.400 783
76.200 1,275
1.524 1,451
1.524 2,116
7,811
500
469
39,834
20,151
4,386
1,584
769
27,618
1,343
1,718
4,224
40,615
96,475
16,621
39,615
59,422
1,862
2,487
3,374
32,492
119,344
97,163
2,212
3,224
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
EXHIBIT 8- PAYMENT PROVISIONS AND FEE SCHEDULE
AMENDED MARCH 1, 2021
1. Services shall be provided according to the rates and costs outlined in Table B-1 - Unit Prices attached and incorporated into this Agreement.
2. Payment Provisions:
2.1. ESG will submit invoices to SVP monthly, accompanied by detailed reports showing each site visited and work performed at each customer/business site.
2.2. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
2.3. If an invoice error is identified by SVP, a corrected invoice will be submitted by ESG within five business days of receiving notification from SVP.
3. Budget
3.1. A proforma budget is attached as Table B-2 - Pro Forma Budget. Line amounts may change based on types of customers served by the Program and specific lighting fixtures and materials needed.
3.2. Because all program costs are covered in the program fees, the budget can be scaled up or down with little expected change to program financial performance.
3.3. The pro-forma budget of $1,000,000 is anticipated to serve up to 144 commercial customers.
4. Compensation: The amount billed to City by Contractor for services under this Agreement as Amended will not exceed one million dollars ($1,000,000).
Amendment No. 1 to Agreement/Efficiency Services Group, LLC RA\/ 10/?Fi/?01Q
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLE B-1 UNIT PRICES
Site Visit & Program Presentation Audit $100
Completed Project Administration Project $375
Wall Pack 70W MH Replacement Fixture $285
Wall Pack 1 OOW MH Replacement Fixture $285
Wall Pack 150W MH Replacement Fixture $285
Wall Pack 175W MH Replacement Fixture $320
Wall Pack 250W MH Replacement Fixture $383
Wall Pack 400W MH Replacement Fixture $519
Wall Pack 70W MH Replacement w/Photocell Fixture $293
Wall Pack 1 OOW MH Replacement w/Photocell Fixture $293 Wall Pack 150W MH Replacement w/Photocell Fixture $316
Wall Pack 175W MH Replacement w/Photocell Fixture $350
Wall Pack 250W MH Replacement w/Photocell Fixture $383
Wall Pack 400W M H Replacement w/Photocell Fixture $560 HID - Screw-in Base ?OW Replacement Retrofit $147
HID- Screw-in Base 100W Replacement Retrofit $147
HID- Screw-in Base 125W Replacement Retrofit $147
HID - Screw-in Base 150W Replacement Retrofit $147
HID- Screw-in Base 175W Replacement Retrofit $190
HID- Screw-in Base 250W Replacement Retrofit $230
HID - Screw-in Base 600W Replacement Retrofit $418
HID - Screw-in Base 700W Replacement Retrofit $397
HID -Retrofit Kit w/Driver 400W Replacement Retrofit Kit $413 HID - Retrofit Kit w/Driver 600W Replacement Retrofit Kit $445 HID - Retrofit Kit w/Driver 700W Replacement Retrofit Kit $572 HID - Retrofit Kit w/Driver 900W Replacement Retrofit Kit $742 HID - Retrofit Kit w/Driver 1 OOOW Replacement Retrofit Kit $990 Canopy Parking Garage 70W HID Fixture $240
Canopy Parking Garage 125W HID Fixture $250
Canopy Parking Garage 150W HID Fixture $280
Canopy Parking Garage 175-250W HID Fixture $304
Amendment No. 1 to Agreement/Efficfency Services Group, LLC R,m 1 nl?!'i/?n1 g
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLE 8-1 UNIT PRICES
Canopy Parking Garage 250W HID
Canopy Gas Stations 250W HID
Canopy Gas Stations 400W HID
Canopy Gast Stations - Slim - 70W HID
Canopy Gast Stations- Slim -125W HID
Canopy Gast Stations -Slim -175W HID
Canopy Gast Stations - Slim - 250W HID
Canopy Gast Stations - Slim - 320W HID
Canopy Gast Stations - Slim - 400W HID
Shoebox
Shoebox
Area Light (Pole/Wall) 320W HID Medium Shoebo
Area Light (Pole/Wall) 400W HID Medium Shoebox
Area Light (Pole/Wall} 400W HID Large Shoebox
Area Light {Pole/Wall) 500W HID Large Shoebox
Area Light (Pole/Wall) 600W HID Large Shoebox
Area Light (Pole/Wall} 750W HID Large Shoebox
Area Light (Pole/Wall} 175W HID Medium Cobra
Area Light (Pole/Wall) 250W HID Medium Cobra
Area Light (Pole/Wall) 400W HID Medium Cobra
Area Light (Pole/Wall) 500W HID Large Cobra
Area Light (Pole/Wall} 750W HID Large Cobra
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
Fixture
$266
$279
$638
$350
$395
$396
$327
$599
$637
$665
$676
$717
$759
$759
$985
$985
$985
$654
$687
$757
$985
$985
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLE B-2 PROFORMA BUDGET
Site Visit & Program Presentation Audit
Completed Project Administration Project
Wall Pack 70W MH Replacement Fixture
Wall Pack 100W MH Replacement Fixture
Wall Pack 150W MH Replacement Fixture
Wall Pack 175W MH Replacement Fixture
Wall Pack 250W MH Replacement Fixture
Wall Pack 400W MH Replacement Fixture
Wall Pack 70W MH Replacement
w/Photocell Fixture
Wall Pack 1 0OW MH Replacement
w/Photocell Fixture
Wall Pack 150W MH Replacement
w/Photocell Fixture
Wall Pack 175W MH Replacement
w/Photocell Fixture
Wall Pack 250W MH Replacement
w/Photocell Fixture
Wall Pack 400W MH Replacement
w/Photocell Fixture
HID - Screw-in Base 70W Replacement Retrofit
HID-Screw-in Base 100W
Replacement Retrofit
HID- Screw-in Base 125W
Replacement Retrofit
HID - Screw-in Base 150W
Replacement Retrofit
HID - Screw-in Base 175W
Replacement Retrofit
HID - Screw-in Base 250W
Replacement Retrofit
HID - Screw-in Base 600W
Replacement Retrofit
HID - Screw-in Base 700W
Replacement Retrofit
HID -Retrofit Kit w/Driver 400W
Replacement Retrofit Kit
Amendment No. 1 to Agreement/Efficiency Services Group, LLC R,m 1n/7!'i/?019
$100 1,524.000
$375 152.400
$285 48.768
$285 1.524
$285 1.524
$320 62.484
$383 76.200
$519 30.480
$293 53.340
$293 1.524
$316 307.848
$350 94.488
$383 76.200
$560 45.720
$147 30.000
$147 30.000
$147 61.920
$147 90.600
$190 4.572
$230 7.620
$418 3.048
$397 3.048
$413 1.524
$152,400
$57,150
$13,899 292
$434 439
$434 648
$19,995 702
$29,185 994
$15,819 1,464
$15,629 292
$447 439
$97,280 648
$33,071 702
$29,185 994
$25,603 1,464
$4,410 493
$4,410 493
$9,102 493
$13,318 493
$869 656
$1,753 882
$1,274 2,132
$1,210 2,583
$629 1,468
14,240
669
988
43,864
75,743
44,623
15,575
669
199,486
66,331
75,743
66,934
14,790
14,790
30,527
44,666
2,999
6,721
6,498
7,873
2,237
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLE B-2 PRO FORMA BUDGET
HID - Retrofit Kit w/Driver 600W
Replacement Retrofit Kit
HID - Retrofit Kit w/Driver 700W
Replacement Retrofit Kit
HID - Retrofit Kit w/Driver 900W
Replacement Retrofit Kit
HID - Retrofit Kit w/Driver 1 OOOW
Replacement Retrofit Kit
Canopy Parking Garage 70W HID Fixture
Canopy Parking Garage 125W HID Fixture
Canopy Parking Garage 150W HID Fixture
Canopy Parking Garage 175-250W HID Fixture
Canopy Parking Garage 250W HID Fixture
Canopy Gas Stations 250W HID Fixture
Canopy Gas Stations 400W HID Fixture
Canopy Gast Stations -Slim - 70W HID Fixture
Canopy Gast Stations - Slim - 125W
HID Fixture
Canopy Gast Stations - Slim -175W
HID Fixture
Canopy Gast Stations - Slim - 250W
HID Fixture
Canopy Gast Stations - Slim - 320W
HID Fixture
Canopy Gast Stations - Slim - 400W
HID Fixture
Area Light (Pole/Wall) 175W HID
Medium Shoebox Fixture
Area Light (Pole/Wall) 250W HID
Medium Shoebox Fixture
Area Light (Pole/Wall) 320W HID
Medium Shoebox Fixture
Area Light (Pole/Wall) 400W HID
Medium Shoebox Fixture
Area Light (Pole/Wall) 400W HID Large
Shoebox Fixture
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
$445 1.524
$572 1.524
$742 1.524
$990 15.240
$240 1.524
$250 15.240
$280 0.762
$304 0.762
$266 38.100
$279 22.860
$638 3.048
$350 1.100
$395 1.500
$396 39.624
$327 1.524
$599 1.524
$637 3.048
$665 76.200
$676 121.920
$717 15.240
$759 30.480
$759 45.720
$678 2,132
$872 2,583
$1,131 3,075
$15,088 3,198
$366 287
$3,810 513
$213 656
$232 615
$10,135 1,046
$6,367 882
$1,945 1,439
$385 1,440
$593 513
$15,691 697
$498 882
$913 1,128
$1,942 1,386
$50,673 533
$82,418 791
$10,927 1,091
$23,134 1,300
$34,701 1,300
3,249
3,936
4,686
48,738
437
7,811
500
469
39,834
20,151
4,386
1,584
769
27,618
1,343
1,718
4,224
40,615
96,475
16,621
39,615
59,422
AGREEMENT FOR SERVICES
AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA,
AND EFFICIENCY SERVICES GROUP, LLC
TABLE B-2 PROFORMA BUDGET
Area Light {Pole/Wall) 500W HID Large
Shoebox Fixture
Area Light {Pole/Wall} 600W HID Large
Shoebox Fixture
Area Light (Pole/Wall) 750W HID Large
Shoebox Fixture
Area Light (Pole/Wall) 175W HID
Medium Cobra Fixture
Area Light (Pole/Wall) 250W HID
Medium Cobra Fixture
Area Light (Pole/Wall) 400W HID
Medium Cobra Fixture
Area Light (Pole/Wall) 500W HID Large
Cobra Fixture
Area Light (Pole/Wall} 750W HID Large
Cobra Fixture
Amendment No. 1 to Agreement/Efficiency Services Group, LLC Rev. 10/25/2019
$985 1.524
$985 1.524
$985 1.524
$654 60.960
$687 152.400
$757 76.200
$985 1.524
$985 1.524
$1,501 1,222
$1,501 1,632
$1,501 2,214
$39,868 533
$104,699 783
$57,683 1,275
$1,501 1,451
$1,501 2,116
1,862
2,487
3,374
32,492
119,344
97,163
2,212
3,224
J .
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-96 Agenda Date: 3/22/2022
REPORT TO COUNCIL
SUBJECT
Action on Agreements with C2R Engineering, Inc. and West Valley Construction Company, Inc. for On Call Emergency Water & Sewer Utility Repairs
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The Water & Sewer Utilities Department (Department) is responsible for ensuring continuous operation of the water and recycled water distribution and sewer collection systems. The City’s capital improvement program includes projects to maintain the integrity of the systems including replacement and repair of aging water and sewer mains. In the event of emergencies, such as water main, service line, hydrant and sanitary sewer leaks, staff is seeking to enter into on-call agreements with contractors to maintain levels of services, avoid service disruptions and damage to City properties and assets.
DISCUSSION
Pursuant to City Code Section 2.105.330, a formal request for Statement of Qualifications (SOQ) was conducted with the award recommendation based on “best value.” The factors considered in the award were qualifications and technical capability. Cost is considered in the final step as discussed in this report.
In September 2021, the City released a SOQ for On Call Emergency Water & Sewer Utility Repairs using the City’s bid notification system and two proposals were received. one from C2R Engineering, Inc. and another from West Valley Construction Company, Inc.
The proposals were evaluated independently by Utility Operations staff and the Principal Engineer in the Department. Factors in the evaluation included safety records, licensing, prevailing wage violations, previous performance, litigation history, experience, key personnel, and availability of resources to perform the work. The evaluation team determined both companies were qualified to provide on call water and sewer utility repair services. Therefore, staff recommends award of contract to C2R Engineering, Inc. and West Valley Construction Company, Inc. The evaluation process also included reference checks for both companies that confirmed their capabilities to perform the work.
If Council approves, the City will enter into a master agreement with each company. Both companies will exclusively compete for projects via a mini bid process, unless the nature of the emergency prevents competitive bidding, in which case, the award will be made on a rotational basis. A work order pursuant to the terms of the master agreement will be issued to the lowest bid for each project.
Availability of internal staff and equipment will be determined before assigning any emergency work City of Santa Clara Printed on 3/17/2022Page 1 of 2
powered by Legistar™
22-96 Agenda Date: 3/22/2022
to the contractors.
Under the proposed agreements, the contractors will provide repair services for all water, recycled water and sewer assets including, but not limited to, main lines, service connections, valves, fittings, hydrants, instrumentation, backflow assemblies, sanitary sewer overflows, manholes, collection laterals and other system appurtenances that are essential to operating the utilities. The contractors will be responsible for all necessary permits, traffic controls, and inspections to complete the work.
The term of the proposed master agreements is five years.
ENVIRONMENTAL REVIEW
The action being considered is exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(b) (Class 1 - “Existing Facilities”) as the activity consists of the operation, repair, and maintenance of existing public structures, facilities, and mechanical equipment, including publicly-owned utilities, involving negligible or no expansion of the existing use.
FISCAL IMPACT
The cost of the proposed work shall not exceed $5,000,000 during the five-year term. There is sufficient funding in the Water & Sewer Utilities Department’s adopted operating budget to cover this agreement. No budget amendment is required at this time. Funds will be expended depending on the nature of the emergency. There is adequate funding available in the Water, Sewer, and Recycled Water Utilities operating funds to cover necessary expenditures. Should an emergency arise that exceeds the available funds, staff will bring forward a budget amendment for Council action.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220 or via email [email protected] <mailto:[email protected]> .
RECOMMENDATION
Authorize the City Manager’s Office to execute Master Agreements with C2R Engineering, Inc. and West Valley Construction Company for On Call Emergency Water & Sewer Utility Repairs, for a five- year term starting on or about April 1, 2022, and ending on or about March 31, 2027, with a maximum aggregate compensation not-to-exceed $5,000,000 for the two Master Agreements.
Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Office of The City Manager
ATTACHMENTS
1. Master Agreement with C2R Engineering, Inc.
2. Master Agreement with West Valley Construction Company, Inc.
City of Santa Clara Printed on 3/17/2022Page 2 of 2
powered by Legistar™
Agreement with C2R Engineering Page 1 of 27
Rev. 07-01-18
EBIX Insurance No. S200004879
MASTER AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
C2R ENGINEERING, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and C2R Engineering, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, Agreement with C2R Engineering Page 2 of 27
Rev. 07-01-18
whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 1, 2022 and terminate on March 31, 2027.
3. WORK ORDERS
A. Contractor shall provide the services described in Exhibit A to the City on an as-needed basis and as further described pursuant to individual work orders (“Work Orders”) issued in accordance with the Terms and Conditions of this Agreement. Each Work Order shall describe the services and deliverables (collectively “Work”) the Contractor must provide, the time limit within which the Contractor must complete the Work, and the compensation for the Work.
B. Each Work Order shall be substantially in the form specified in Exhibit E.
Subject to the terms and conditions of this Agreement, Contractor and City will negotiate the specific requirements of each Approved Work Order.
C. The City will not compensate the Contractor for any Work until the City has executed the Work Order for such Work (“Approved Work Order”).
D. Each Approved Work Order incorporates the Terms and Conditions of this Agreement, and becomes a part of this Agreement. An Approved Work Order must be consistent with – and cannot alter - the terms and conditions of this Agreement. The terms and conditions of this Agreement control over the terms and conditions contained in an Approved Work Order – even if the Approved Work Order expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Work Order are invalid and unenforceable.
E. The City has no obligation to issue any Approved Work Orders under this Agreement.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make Agreement with C2R Engineering Page 3 of 27
Rev. 07-01-18
corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
Each Approved Work Order will specify the maximum amount payable to the Contractor for all fees related to the Contractor providing the Work (“Maximum Work Order Compensation”). The Contractor shall fully complete all Work required by the Approved Work Order for no more than that Maximum Work Order Compensation. City shall only be liable for charges expressly authorized in an Approved Work Order.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Agreement with C2R Engineering Page 4 of 27
Rev. 07-01-18
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement with C2R Engineering Page 5 of 27
Rev. 07-01-18
Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
Agreement with C2R Engineering Page 6 of 27
Rev. 07-01-18
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Water & Sewer Utilities Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
C2R Engineering, Inc.
Trevor Connolly
100 Mountain View Avenue
Los Altos, CA 94034
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has Agreement with C2R Engineering Page 7 of 27
Rev. 07-01-18
read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:
--------------
Office of the City Attorney
City of Santa Clara
DEANNAJ.SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
C2R ENGINEERING, INC.
a California corporation
Dated: 2. '8. ~
By (Signature)~ &~
Name: Trevor Connolly
Title: President
Principal Place of 100 Mountain View Avenue
Business Address: Los Altos, CA 94034
Email Address: [email protected]
Telephone: (415) 559-2841
Fax:
--'-~-:,--::,C--::07N=r=-RA7 C=r=o:::-:R:::-:,,:------ ----- - Agreement with C2R Engineering
Rev. 07-01-18
Agreement with C2R Engineering/Exhibit A-Scope of Services Page 9 of 27 Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. INTRODUCTION
1.1. Contractor will be responsible for completing work as set forth in Approved Work Orders. The scope of work involves repair and maintenance, on an emergency basis, to all water, recycled water and sewer assets in plant including but not limited to main lines, service connections, valves, fittings, hydrants, instrumentation, backflow assemblies, manholes, collection laterals, system appurtenances, and all associated construction activities including but not limited to emergency pavement restoration, traffic control, and permitting.
1.2. To the extent not inconsistent with this Agreement between the City and Contractor including this Scope of Services, the City’s SOQ 21-22-16 (including subsequent updates), and Contractor’s proposal response dated November 19, 2021 are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.
2. APPLICABLE STANDARDS
2.1. All work shall be completed in accordance with the following Water and Sewer and Public Works Design Specifications and Standards:
2.1.1. https://www.santaclaraca.gov/our-city/departments-g-z/water-sewer- utilities/technical-documents
2.1.2. https://www.santaclaraca.gov/home/showpublisheddocument?id=70118
3. PAYMENT BOND
Contractor must submit a payment bond executed by a surety naming the City of Santa Clara as beneficiary for 100% of the total project within five calendar days from receipt of an Approved Work Order that is greater than $25,000.
4. GENERAL REQUIREMENTS
4.1. Contractor shall provide all labor, tools, equipment, materials, and resources necessary to complete the work set forth herein.
4.2. Contractor shall maintain all paperwork and certification to perform the work, and provide such documents to the City as requested.
4.3. Contractor shall provide all personal protective equipment (PPE) required to perform the work. The use of the safety equipment includes but is not limited to Agreement with C2R Engineering/Exhibit A-Scope of Services Page 10 of 27 Rev. 07-01-18
hard hats, eye protection, safety vests, hearing protection, respirators, and safety boots as required by the California Occupational Safety and Health Administration (OSHA).
4.4. Contractor shall comply with all OSHA and manufacturer’s safety requirements including but not limited to the OSHA requirements for confined space entry.
4.5. The City follows all County and State public health orders as well as federal mandates and guidance to protect the community from COVID-19. Requirements may lessen or increase as the situation evolves, and Contractor is expected to comply accordingly including but not limited to implementing and enforcing sanitation procedures and completing the Contractor Vaccination Status Form pursuant to the County of Santa Clara May 18, 2021 Order.
4.6. Contractor shall follow all applicable prevailing wage laws and submit certified payroll through the City’s labor compliance software, LCP Tracker.
4.7. Contractor shall utilize the City’s Project Management Software E-Builder for general project management. See Appendix A.
4.8. Contractor shall respond to emergency services 24 hours a day, 7 days a week, without exception with a 6-hour response time to address safety considerations.
4.9. The City shall determine the final scope and bill of materials required to complete the work at the time of bid.
5. SCOPE OF WORK
Contractor shall perform the following as directed by the City:
5.1. Water and Recycled Water Distribution System Repair and Maintenance
5.1.1. Main line repair and maintenance including the removal of pressurized utilities and appurtenances. Existing main lines can be of any diameter and material that may have been used for a distribution system. This can include but not limited to asbestos cement, cast iron, copper, P.V.C., wrapped steel, concrete cylinder, cement lined and coated steel, galvanized, lead and yellowmine pipe. Typical system pressures range from 35 PSI (lbs/in2) to 120 PSI. Proposed repair shall be completed with ductile iron pipe, C-900, or approved equivalent which shall be determined at the time of bid.
5.1.2. Installation of valves, fittings, fire hydrants, water and fire service lines from 1” - 10”, tie-ins, vertical offsets, fire protection services, backflows, air relief valves, control valves, sampling stations , water system monitoring instrumentation and other appurtenances.
Agreement with C2R Engineering/Exhibit A-Scope of Services Page 11 of 27 Rev. 07-01-18
5.2. Sewer Collection System Repair and Maintenance
5.2.1. Sewer collection line repair and maintenance including the removal of damaged above and below ground pressurized and gravity utilities. Existing main line can be of any diameter and materials that is that is used in a sewer collection system. This can include but not limited to reinforced concrete, PVC, and vitrified clay pipe. Proposed repair shall be completed using reinforced concrete pipe, SDR, polyvinyl chloride (PVC), Sanitite or approved equivalent which shall be determined at the time of bid.
5.2.2. Sewer collection line repair using trenchless technologies, including but not limited to CIPP lining, or other approved methods which shall be determined at the time of bid. Lining scope shall include the installation of pre-liners, end seals, epoxy sealants, grouting, mortar repairs needed to facilitate and complete the liner installation and performance.
5.2.2.1. This scope is optional can be performed under a subcontractor.
5.2.3. Installation of new main lines and all associated piping, manholes and appurtenances; reconnecting or replacing service connections; installing tie-ins, vertical offsets, and other work needed to complete installations.
5.2.4. Installation of new or replacement service connections and appurtenances, including but not limited to, clean-outs, service manholes, and the abandonment of existing service connections.
5.2.5. Installation of new or replacement specialty items and appurtenances such as pressurized force mains and any associated valving, access structures, pumping and sewer system monitoring instrumentation.
5.2.6. Respond to Sanitary Sewer Overflows (SSO) call outs.
5.2.6.1. Upon call out, the contractor shall assess the overflow and provide all labor, tool, equipment, and materials to stop, contain and remediate per City’s discretion.
5.2.6.2. Upon completion of the remediation, the contractor shall include a report and photos describing the SSO, including the location and quantity of overflow, the measures taken to mitigate the SSO, the potential causes of the SSO, and the current state of the system/service associated with the SSO.
5.2.6.3. As Builts shall be submitted as follows:
5.2.6.3.1. As built with pertaining information for City GIS system, after installation pipe dimensions and
capacity, and post construction CCTV video shall be
provided to the City.
5.2.6.3.2. All CCTV data shall be generated using itpipes or Agreement with C2R Engineering/Exhibit A-Scope of Services Page 12 of 27 Rev. 07-01-18
compatible software with the itpipes and Lucity. The
reports shall be prepared using NASSCO certified
PACP defect coding system for sewer mainlines.
Media shall be high quality “.wmv” (video files) and
“.jpeg” (picture files) correctly referenced in the
database.
5.2.6.3.3. As built shall be completed according to the City of Santa Clara Water and Sewer Utilities Standard
Drawing and Specification Standard 28 or as directed
by City Project Manager.
5.3. Work shall include all ancillary work including but not limited to permitting, trenching, shoring, dewatering, backfilling, compaction, pavement restoration, by- pass operations, temporary/interim services, valving, traffic control, curb, gutter, sidewalk and hardscape restoration, landscape restoration, cleaning, CCTV, and condition assessment.
5.4. Work shall include all testing of all installed materials and facilities, including but not limited to material, compaction, pressure, disinfection, and cross-connection testing.
5.5. Work shall include removal, hauling, and disposal of all materials and construction waste associated with the project.
5.6. Pavement and trench restoration shall include but not limited to:
5.6.1. removing and replacing asphalt, concrete and other hardscape or paving surfaces;
5.6.2. saw cutting;
5.6.3. providing and installing imported backfill;
5.6.4. providing and installing base rock;
5.6.5. providing and installing cement slurry;
5.6.6. providing and applying slurry and chip sealant;
5.6.7. performing grinding for T-cuts, traffic plates and for trench lines;
5.6.8. performing patch paving including providing paving materials;
5.6.9. performing roadway paving including providing paving materials;
5.6.10. performing custom concrete installation, such as curb & gutter, brick, stamped, etc. including providing materials;
5.6.11. performing all pressure testing requirements for any improvements that are installed;
Agreement with C2R Engineering/Exhibit A-Scope of Services Page 13 of 27 Rev. 07-01-18
5.6.12. performing final lane marking, bike lane, parking and general striping work;
5.6.13. providing all cover removal and replacement, landscaping and other restoration work including plants, shrubs, lawns, trees, and irrigation;
5.6.14. providing traffic control;
5.6.15. providing compaction testing;
5.6.16. providing potholing;
5.6.17. providing all paving and grading-related materials, including sand, backfill, gravel, concrete, slurry, asphalt and striping paint including transporting of materials;
5.6.18. providing off haul of native material and all construction waste;
5.6.19. performing work with asbestos cement pipe including handling, transporting, and disposing asbestos in compliance with applicable laws and standards;
5.6.20. providing final project as built drawings in electronic format via Blue Beam, AutoCad, or approved equivalent;
5.6.21. obtaining encroachment permits and any other permitting required;
5.6.22. obtaining and providing Traffic Control Plans to the City, if applicable;
5.6.23. providing engineering design services; and
5.6.24. coordinating with Underground Service Alert (USA Locates) for identification of below ground infrastructure.
6. OUT OF SCOPE WORK
6.1. Contractor shall not be responsible for environmental reporting of discharges. If at any time, the scope requires reporting, Contractor will coordinate with the City to limit, monitor, and document the discharges. The management of records to the Regional Water Quality Control Board will be bore by the City.
6.2. Contractor shall not be responsible for testing the water quality of the potable or recycled water distribution systems.
Agreement with C2R Engineering/Exhibit A-Scope of Services Page 14 of 27 Rev. 07-01-18
APPENDIX A TO EXHIBIT A
CITY’S PROJECT MANAGEMENT SOFTWARE E-BUILDER
General Requirements:
a. Contractor and Subcontractors shall provide at a minimum, the following to its staff:
i. Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher.
ii. Computer Operation System: Windows XP, Windows Vista, or Windows 7 iii. Web Browser: Microsoft Internet Explorer 9
iv. Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook v. Scheduling Software: Microsoft Project or Primavera
vi. Internet Service Provider: A reliable ISP in the area of the Project vii. Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream b. Contractor and Subcontractors shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis.
Project Web Requirements:
a. This project will utilize a web-based project management tool called e-Builder EnterpriseTM. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. b. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, Development Manager, and Construction Manager, utilizing e-Builder Enterprise TM.
This designated web-based application will be provided by the Contractor to the Subcontractors. No additional software will be required. Furthermore, the Development Manager will assist Contractor in providing training of Subcontractor’s personnel.
c. Contractor and Subcontractors shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Agreement with C2R Engineering/Exhibit A-Scope of Services Page 15 of 27 Rev. 07-01-18
Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Variation Directives, Potential Variation Orders, Variation Order Requests, Variation Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM
Electronic File Requirements:
a. In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all “As-Built Drawings”, catalog cuts and Owner’s Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Adobe Acrobat (.PDF) file format and uploaded to e- Builder EnterpriseTM.
BUILDER IMPLEMENTATION REQUIREMENTS
e-Builder EnterpriseTM is a comprehensive Project and Program Management system that will be implementing for managing documents, communications and costs between the Contractor, Subcontractors, Design Consultants and Owner. e-Builder Enterprise™ includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use.
Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members.
Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.
Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder EnterpriseTM
Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.
Agreement with C2R Engineering/Exhibit B-Schedule of Fees Page 16 of 27 Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM WORK ORDER COMPENSATION
The maximum compensation shall be as set forth in each Approved Work Order (Maximum Work Order Compensation). No services will be performed unless both Parties execute an Approved Work Order outlining the services requested and the compensation agreed for such services.
2. FEES
2.1. Where services are provided on a time and materials basis, the Maximum Work Order Compensation shall be determined in accordance with Contractor’s equipment and labor rates, attached hereto as Appendix B1. Contractor may request adjustments to the rates on each anniversary during the term of the agreement.
2.2. Where services are provided for a fixed price, the total project cost shall be the amount set out in the Approved Work Order.
2.3. In the event that additional tools, equipment, and/or third-party services are required, Contractor shall obtain pre-approval from the City describing the additional requirement and the associated cost. City shall reimburse Contractor for any pre-approved additional charge at Contractor’s actual cost, plus a maximum of 10% markup.
3. INVOICING
3.1. Contractor shall render invoices in accordance with the fees, payment schedule, and other terms and conditions specified in the applicable Approved Work Order. If Contractor is entitled to reimbursable expenses, the invoice will include such expenses and/or costs associated with the Work completed during the invoice period.
3.2. City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice package.
Agreement with C2R Engineering/Exhibit B-Schedule of Fees Page 17 of 27 Rev. 07-01-18
~ OzR f ENGINEERING
APPENDIX B1 TO EXHIBIT B • RATE SHEET
PROJECT:
OWN ER:
OOMPLfTION DATE
OONTRACTOlt
DESCRIPTION:
A. OONTRACT WORK Pf.RfORMED
8, EQUIPMENT
No.
C, MATERIALS
No.
Basic C.ost Per Hour
City of Santa Clara
C2R Engineering, inc.
DESCRIPTION
Crew Truck
Backhoe
Bobn il nuck
Jumpingjad'. whad'.er
Excavator
Excavator with breaker
Anowboa rd
Traffic control
Jumping jad'. wacker
Boma:! roller
Boban
DESCSUPTION
1 Materials
D, SUBCONTRACTORS {WORK done by SpeciarlSts)
INo. DESCSUPTION
I
I
HOURS HOURLY RATE
s 31.00
s 85.00
s 95.00
s 20 .10
s 78.50
s 62.45
s 35.00
s 1,500.00
s 67.00
s 52.00
s 48.00
OOSTOf EQUIP MENT • 8
Unit No. Unit UNIT COST
1.00 •
COST OF MATERIAL & WORK · C
Unit No. Unit UNIT COST
OOST Of SU&CONTRACTOR:S & WORK· D
TOTAL COST 8 (Eaui oment
TOTAL COST & 1°" MARK-UP C (Mat erial
TOTAL COST & 1°" MARIC·UP D (SIJbcontractor
TOTALOOST A&B&C flncL Martuo·
DEWR No .
Page No.: 1 OF 1
E, DIARY AHO REMARKS
New and Unforseen wort r 1 None l 1 ves Describe:
F, lABOR
DAILY RATE .... Employee 1\'J)e HOURS RATE EXT, AMOUNT
s 1 Foreman
s O.T s 142.50 s
s Reg s 95.00 s
s 3 La.borer
s O.T s 102.00 s
s Reg s 68.00 s
s 1 Operator s
s O.T s 150.00 s
s Reg s 100.00 s
s
s
s
SUBTOTAL s
AMOU NT
35% Markup La.bor s
s TOTAL COST OF LABOR· fl s
s
s
SUBTOTAl (TOTAl COST OF: &+C+O+ E+ f)I s
s
3.5% insurance/ Bond S
AMOUNT
s TOTAL THIS REPORTI s
s ~RTI FIED CORRECT
s
s (See attached sheet) DATE
s
s
s (See attached sheet) DATE
I
I
I
Agreement with C2R Engineering/Exhibit C-Insurance Requirements Page 18 of 27 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$5,000,000 Each occurrence
$5,000,000 General Aggregate
$5,000,000 Products/Completed Operations Aggregate
$5,000,000 Personal Injury
$5,000,000 Project Aggregate
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than five million dollars ($5,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Agreement with C2R Engineering/Exhibit C-Insurance Requirements Page 19 of 27 Rev. 07-01-18
Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. General Aggregate. The general aggregate limits shall apply separately to Contractor’s work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer’s equivalent (CGL);
4. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non- payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non- renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non- Agreement with C2R Engineering/Exhibit C-Insurance Requirements Page 20 of 27 Rev. 07-01-18
renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
5. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Document 00820.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Requirements of specific insurance coverage features described in this Agreement shall not be construed to be a limitation of liability on the part of Contractor or any of its subcontractors, nor to relieve any of them of any liability or responsibility under the Contract Documents, as a matter of law or otherwise.
Such requirements are not intended by any Party to be limited to providing coverage for the vicarious liability of the City or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this Agreement in any way relating to City is intended to apply to the full extent of the policies involved.
2. Contractor shall maintain all required insurance policies in full force and effect during entire period of performance of the Services under this Agreement of Contract Documents. Contractor shall also keep such insurance in force during warranty and guarantee periods. At time of making application for extension of time, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time.
3. City reserves the right, at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor thirty (30) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate in good faith additional compensation proportional to the increased benefit to City.
4. Any type of insurance or any increase of limits of liability not described in this Exhibit which Contractor requires for its own protection or in compliance with applicable statutes or regulations, shall be Contractors’ responsibility and at its own expense.
5. No liability insurance coverage provided by Contractor to comply with the terms of this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against Indemnitees. Any property insurance policies affected by Contractor shall be endorsed to delete the subrogation condition as to indemnitees or shall specifically allow Contractor to waive subrogation prior to a loss. Contractor hereby waives any right of recovery against the indemnitees and agrees to require any subcontractor to do so.
6. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and Agreement with C2R Engineering/Exhibit C-Insurance Requirements Page 21 of 27 Rev. 07-01-18
review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
7. Contractor shall cooperate fully with City and Contractor’s insurance companies in any safety and accident prevention program and claims handling procedures as established for the performance of Services under this Agreement.
8. All coverage types and limits required under this Agreement are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage which may affect City’s protection without City’s prior written consent.
9. For purposes of applying insurance coverage only, all contracts pertaining to the performance of services will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
10. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any of the insurance requirements set forth in this Agreement in no way imposes any additional obligations on City nor does it waive any of the City’s rights under this Agreement or any other regard.
11. Any provision in this Agreement dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the Parties here to be interpreted as such.
12. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
13. Contractor agrees to obtain and provide to City evidence of Professional Liability insurance for Architects or Engineers if engaged by Contractor to perform any of the Services required under this Agreement. City shall determine the minimum coverage and policy limits required, after consultation with Contractor.
14. The City acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. The Contractor’s insurance obligations under this Agreement under may be satisfied in whole or in part by adequately funded self-insurance retention, but only after approval from the City Attorney’s Office upon satisfactory evidence of financial capacity.
Agreement with C2R Engineering/Exhibit C-Insurance Requirements Page 22 of 27 Rev. 07-01-18
15. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements.
Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to [email protected]
.
Or by mail to:
EBIX Inc.
City of Santa Clara – Water & Sewer Utilities Department P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with C2R Engineering/Exhibit D-Labor Compliance Page 23 of 27 Rev. 07-01-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
I. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates.
Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to:
certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
Agreement with C2R Engineering/Exhibit D-Labor Compliance Page 24 of 27 Rev. 07-01-18
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
K. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et Agreement with C2R Engineering/Exhibit D-Labor Compliance Page 25 of 27 Rev. 07-01-18
seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with C2R Engineering/Exhibit E-Sample Work Order Form Page 26 of 27 Rev. 07-01-18
EXHIBIT E
SAMPLE WORK ORDER FORM
This Work Order is issued by the City of Santa Clara acting by and through its Water & Sewer Utilities Department (the “Department”) to the contractor listed below. This Work Order shall constitute a binding legal contract between the Department and Contractor pursuant to the terms of the Agreement referenced below. In the event of any inconsistency between this Work Order and the Terms and Conditions of the Agreement, the Terms and Conditions of the Agreement shall govern and control.
PART A: GENERAL INFORMATION
Work Order No.: Original
First Revised
Second Revised
Other Contract No.
Contractor Name/Address:
Master Agreement Name:
Expiration Date of Agreement:
Contractor’s Project Manager:
Name: Email:
City’s Project Manager
Name: Email:
Period of Performance for this
Work Order:
Start Date: Expected Completion Date:
Maximum Work Order Compensation:
Sufficient funds are available in Fund #:
(to be completed by City)
Signatures:
Contractor Name [Print]:
Signature
Date:
City’s Project Manager [Print]:
Signature
Date:
City’s Department Director Name [Print]:
Signature
Date:
□
□
□
□
Agreement with C2R Engineering/Exhibit E-Sample Work Order Form Page 27 of 27 Rev. 07-01-18
PART B: SERVICES TO BE PERFORMED FOR WORK ORDER
1. REVISED WORK ORDER
No
If yes, provide a brief description of the change(s).
2. SCOPE OF WORK TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the Terms and Conditions of the Agreement. (Insert a detailed scope of work below or attach as a separate file.)
3. COMPENSATION
a. Basis of Compensation: Time & Materials Fixed Fee b. Reimbursable Expenses:
No expenses are reimbursable.
Expenses are separately reimbursable in the maximum amount of:
c. Payment Schedule: Monthly Completion of Deliverable/Milestone Completion of Work d. Payment Terms. Provide payment terms below or attach as a separate file.
□
□
□
□
□
□ □
□ □
EBIX Insurance No. S200004880
MASTER AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WEST VALLEY CONSTRUCTION COMPANY, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Valley Construction Company, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement"
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C- Insurance Requirements
Exhibit D - Labor Compliance Addendum
Exhibit E - Sample Work Order Form
Agreement with West Valley Construction
Rev. 07-01-16
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 1, 2022 and terminate on March 31, 2027.
3. WORK ORDERS
A. Contractor shall provide the services described in Exhibit A to the City on an as-needed basis and as further described pursuant to individual work orders ("Work Orders") issued in accordance with the Terms and Conditions of this Agreement. Each Work Order shall describe the services and deliverables (collectively "Work") the Contractor must provide, the time limit within which the Contractor must complete the Work, and the compensation for the Work.
B. Each Work Order shall be substantially in the form specified in Exhibit E.
Subject to the terms and conditions of this Agreement, Contractor and City will negotiate the specific requirements of each Approved Work Order.
C. The City will not compensate the Contractor for any Work until the City has executed the Work Order for such Work ("Approved Work Order").
D. Each Approved Work Order incorporates the Terms and Conditions of this Agreement, and becomes a part of this Agreement. An Approved Work Order must be consistent with - and cannot alter - the terms and conditions of this Agreement. The terms and conditions of this Agreement control over the terms and conditions contained in an Approved Work Order - even if the Approved Work Order expressly states that it is intended to control. Any conflicting terms and conditions in an Approved Work Order are invalid and unenforceable.
E. The City has no obligation to issue any Approved Work Orders under this Agreement.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any Agreement with West Valley Construction
Rev. 07-01-18
incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
Each Approved Work Order will specify the maximum amount payable to the Contractor for all fees related to the Contractor providing the Work ("Maximum Work Order Compensation"). The Contractor shall fully complete all Work required by the Approved Work Order for no more than that Maximum Work Order Compensation. City shall only be liable for charges expressly authorized in an Approved Work Order.
7. TERMINATION
A.
B.
C.
Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Agreement with West Valley Construction
Rev. 07-01-18
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement with West Valley Construction
Rev. 07-01-18
Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
Agreement with West Valley Construction
Rev. 07-01-18
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor sh al I provide and maintain in fu II force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Water & Sewer Utilities Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
West Valley Construction Company, Inc.
Attn: Patrick Miller
580 E. McGlincy Lane
Campbell, CA 95008
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has Agreement with West Valley Construction
Rev. 07-01-18
read and agrees to comply with City's Ethical Standards (http://santaclaraca .gov/home/showdocument?id=58299 ).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status. or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with West Valley Construction
Rev. 07-01-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
Office of the City Attorney
City of Santa Clara
Dated:
"CITY"
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: {408) 615-2210
Fax: (408) 241-6771
WEST VALLEY CONSTRUCTION COMPANY, INC.
a California corporation
Dated: ------------------
By (Signature): ------------------
Name: Patrick Miller
Title: Assistant Vice President
Principal Place of 580 E. McGlincy Lane
Business Address: Campbell, CA 95008
Email Address: [email protected]
Telephone: (408) 371-551 0
Fax: ( ) ~~-----------------
Agreement with West Valley Construction
Rev. 07-01-18
"CONTRACTOR"
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. INTRODUCTION
1.1. Contractor will be responsible for completing work as set forth in Approved Work Orders. The scope of work involves repair and maintenance , on an emergency basis , to all water, recycled water and sewer assets in plant including but not limited to main lines , service connections, valves , fittings, hydrants , instrumentation, backflow assemblies, manholes , collection laterals, system appurtenances , and all associated construction activities including but not limited to emergency pavement restoration, traffic control , and permitting.
1.2. To the extent not inconsistent with this Agreement between the City and Contractor including this Scope of Services, the City's SOQ 21-22-16 (including subsequent updates) , and Contractor's proposal response dated November 19, 2021 are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.
2. APPLICABLE STANDARDS
2.1. All work shall be completed in accordance with the following Water and Sewer and Public Works Design Specifications and Standards:
2.1.1. https://www.santaclaraca .gov/our-city/departments-g-z/water-sewer- utilities/technical-documents
2.1.2. https ://www .santaclaraca .gov/home /show publisheddocument?id=70118
3. PAYMENT BOND
Contractor must submit a payment bond executed by a surety naming the City of Santa Clara as beneficiary for 1 00% of the total project within five calendar days from receipt of an Approved Work Order that is greater than $25 ,000.
4. GENERAL REQUIREMENTS
4.1. Contractor shall provide all labor. tools, equipment , materials, and resources necessary to complete the work set forth herein.
4.2. Contractor shall maintain all paperwork and certification to perform the work , and provide such documents to the City as requested.
4.3. Contractor shall provide all personal protective equipment (PPE) required to perform the work. The use of the safety equipment includes but is not limited to Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
hard hats, eye protection, safety vests, hearing protection, respirators, and safety boots as required by the California Occupational Safety and Health Administration (OSHA).
4.4. Contractor shall comply with all OSHA and manufacturer's safety requirements including but not limited to the OSHA requirements for confined space entry.
4.5. The City follows all County and State public health orders as well as federal mandates and guidance to protect the community from COVI D-19. Requirements may lessen or increase as the situation evolves, and Contractor is expected to comply accordingly including but not limited to implementing and enforcing sanitation procedures and completing the Contractor Vaccination Status Form pursuant to the County of Santa Clara May 18, 2021 Order.
4.6. Contractor shall follow all applicable prevailing wage laws and submit certified payroll through the City's labor compliance software, LCP Tracker.
4. 7. Contractor shall utilize the City's Project Management Software E-Builder for general project management. See Appendix A 1.
4.8. Contractor shall respond to emergency services 24 hours a day, 7 days a week, without exception with a 6-hour response time to address safety considerations.
4.9. The City shall determine the final scope and bill of materials required to complete the work at the time of bid.
5. SCOPE OF WORK
Contractor shall perform the following as directed by the City:
5.1. Water and Recycled Water Distribution System Repair and Maintenance
5.1.1. Main line repair and maintenance including the removal of pressurized utilities and appurtenances. Existing main lines can be of any diameter and material that may have been used for a distribution system. This can include but not limited to asbestos cement, cast iron, copper, P.V.C., wrapped steel, concrete cylinder. cement lined and coated steel, galvanized, lead and yellowmine pipe. Typical system pressures range from 35 PSI (lbs/in2) to 120 PSI. Proposed repair shall be completed with ductile iron pipe, C-900, or approved equivalent which shall be determined at the time of bid.
5.1.2. Installation of valves, fittings, fire hydrants, water and fire service lines from 1" - 10", tie-ins, vertical offsets, fire protection services, backflows, air relief valves, control valves, sampling stations , water system monitoring instrumentation and other appurtenances.
Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
5.2. Sewer Collection System Repair and Maintenance
5.2.1. Sewer collection line repair and maintenance including the removal of damaged above and below ground pressurized and gravity utilities. Existing main line can be of any diameter and materials that is that is used in a sewer collection system. This can include but not limited to reinforced concrete, PVC, and vitrified clay pipe. Proposed repair shall be completed using reinforced concrete pipe, SDR, polyvinyl chloride (PVC), Sanitite or approved equivalent which shall be determined at the time of bid.
5.2.2. Sewer collection line repair using trenchless technologies, including but not limited to GIPP lining, or other approved methods which shall be determined at the time of bid. Lining scope shall include the installation of pre-liners, end seals, epoxy sealants, grouting, mortar repairs needed to facilitate and complete the liner installation and performance.
5.2. 2.1. This scope is optional can be performed under a subcontractor.
5.2.3. Installation of new main lines and all associated piping, manholes and appurtenances; reconnecting or replacing service connections; installing tie-ins, vertical offsets, and other work needed to complete installations.
5.2.4. Installation of new or replacement service connections and appurtenances, including but not limited to, clean-outs, service manholes, and the abandonment of existing service connections.
5.2.5. Installation of new or replacement specialty items and appurtenances such as pressurized force mains and any associated valving, access structures, pumping and sewer system monitoring instrumentation.
5.2.6. Respond to Sanitary Sewer Overflows (SSO) call outs.
5.2.6.1. Upon call out, the contractor shall assess the overflow and provide all labor, tool, equipment, and materials to stop, contain and remediate per City's discretion.
5.2.6.2. Upon completion of the remediation, the contractor shall include a report and photos describing the SSO, including the location and quantity of overflow, the measures taken to mitigate the SSO, the potential causes of the SSO, and the current state of the system/service associated with the SSO.
5.2.6.3. As Builts shall be submitted as follows:
5.2.6.3.1. As built with pertaining information for City GIS system, after installation pipe dimensions and
capacity. and post construction CCTV video shall be
provided to the City.
5.2.6.3.2. All CCTV data shall be generated using itpipes or Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
compatible software with the itpipes and Lucity. The
reports shall be prepared using NASSCO certified
PACP defect coding system for sewer mainlines.
Media shall be high quality ".wmv" (video files) and
".jpeg" (picture files) correctly referenced in the
database.
5.2.6.3.3. As built shall be completed according to the City of Santa Clara Water and Sewer Utilities Standard
Drawing and Specification Standard 28 or as directed
by City Project Manager.
5.3. Work shall include all ancillary work including but not limited to permitting , trenching, shoring, dewatering , backfilling, compaction. pavement restoration. by pass operations, temporary/interim services. valving , traffic control, curb. gutter, sidewalk and hardscape restoration, landscape restoration , cleaning, CCTV, and condition assessment.
5.4. Work shall include all testing of all installed materials and facilities. including but not limited to material , compaction , pressure , disinfection, and cross-connection testing.
5.5. Work shall include removal. hauling, and disposal of all materials and construction waste associated with the project.
5.6. Pavement and trench restoration shall include but not limited to:
5.6.1. removing and replacing asphalt. concrete and other hardscape or paving surfaces;
5.6.2. saw cutting;
5.6.3. providing and installing imported backfill;
5.6.4. providing and installing base rock;
5.6.5. providing and installing cement slurry;
5.6.6. providing and applying slurry and chip sealant;
5.6. 7. performing grinding for T-cuts, traffic plates and for trench lines;
5.6.8 . performing patch paving including providing paving materials;
5.6.9. performing roadway paving including providing paving materials;
5.6.1 O. performing custom concrete installation. such as curb & gutter. brick. stamped, etc. including providing materials;
5.6.11 . performing all pressure testing requirements for any improvements that are installed:
Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
5.6.12. performing final lane marking, bike lane, parking and general striping work;
5.6.13. providing all cover removal and replacement, landscaping and other restoration work including plants, shrubs, lawns, trees, and irrigation;
5.6.14. providing traffic control;
5.6.15. providing compaction testing;
5.6.16. providing potholing;
5.6.17. providing all paving and grading-related materials, including sand, backfill, gravel, concrete, slurry, asphalt and striping paint including transporting of materials;
5.6.18. providing off haul of native material and all construction waste;
5.6.19. performing work with asbestos cement pipe including handling, transporting, and disposing asbestos in compliance with applicable laws and standards;
5.6.20. providing final project as built drawings in electronic format via Blue Beam, AutoCad, or approved equivalent;
5.6.21. obtaining encroachment permits and any other permitting required;
5.6.22. obtaining and providing Traffic Control Plans to the City, if applicable;
5.6.23. providing engineering design services; and
5.6.24. coordinating with Underground Service Alert (USA Locates) for identification of below ground infrastructure.
6. OUT OF SCOPE WORK
6.1. Contractor shall not be responsible for environmental reporting of discharges. If at any time, the scope requires reporting, Contractor will coordinate with the City to limit, monitor, and document the discharges. The management of records to the Regional Water Quality Control Board will be bore by the City.
6.2. Contractor shall not be responsible for testing the water quality of the potable or recycled water distribution systems.
Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
APPENDIX A1 TO EXHIBIT A
CITY'S PROJECT MANAGEMENT SOFTWARE E-BUILDER
General Reguirementsi
a. Contractor and Subcontractors shall provide at a minimum. the following to its staff:
i. Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher.
ii. Computer Operation System: Windows XP, Windows Vista, or Windows 7 iii. Web Browser: Microsoft Internet Explorer 9
iv. Work and Spreadsheet Processors: Microsoft Office Word, Excel and Outlook v. Scheduling Software: Microsoft Project or Primavera
vi. Internet Service Provider: A reliable ISP in the area of the Project vii. Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream b. Contractor and Subcontractors shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis.
Project Web Requirements:
a. This project will utilize a web-based project management tool called e-Builder Enterprise™. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. b. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, Development Manager, and Construction Manager, utilizing e-Builder Enterprise™.
This designated web-based application will be provided by the Contractor to the Subcontractors. No additional software will be required. Furthermore, the Development Manager will assist Contractor in providing training of Subcontractor's personnel.
c. Contractor and Subcontractors shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions. Construction Variation Directives, Potential Variation Orders, Variation Order Requests, Variation Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets.
Substitution Requests and the like will be submitted in digital format via e-Builder Enterprise TM
Electronic E ile Requirements:
a. In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As-Built Drawings". catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Adobe Acrobat (.PDF) file format and uploaded to e- Builder Enterprise™.
BUILDER IMPLEMENTATION REQUIREMENTS
e-Builder Enterprise TM is a comprehensive Project and Program Management system that will be implementing for managing documents, communications and costs between the Contractor, Subcontractors, Design Consultants and Owner. e-Builder Enterprise TM includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use.
Central Document Vault: e-Builder Enterprise TM system includes a central database that maintains all project information and manages project communications amongst team members.
Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.
Project Calendars: Meetings will be scheduled and maintained centrally one-Builder Enterprise™
Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.
Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM WORK ORDER COMPENSATION
The maximum compensation shall be as set forth in each Approved Work Order (Maximum Work Order Compensation). No services will be performed unless both Parties ex.ecute an Approved Work Order outlining the services requested and the compensation agreed for such services.
2. FEES
2.1. Where services are provided on a time and materials basis, the Maximum Work Order Compensation shall be determined in accordance with Contractor's equipment and labor rates. attached hereto as Appendix 81. Contractor may request adjustments to the rates on each anniversary during the term of the agreement.
2.2. Where services are provided for a fixed price, the total project cost shall be the amount set out in the Approved Work Order.
2.3. In the event that additional tools , equipment , and/or third-party services are required, Contractor shall obtain pre-approval from the City describing the additional requirement and the associated cost. City shall reimburse Contractor for any pre-approved additional charge at Contractor 's actual cost, plus a maximum of 10% markup.
3. INVOICING
3.1. Contractor shall render invoices in accordance with the fees, payment schedule, and other terms and conditions specified in the applicable Approved Work Order. If Contractor is entitled to reimbursable expenses. the invoice will include such expenses and/or costs associated with the Work completed during the invoice period.
3.2. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice package.
Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
APPENDIX B1 TO EXHIBIT B
RATE SHEET
City of Santa Clara
Request for On-call Contractor Services
Contractor: West Valley Construction
Company Date: 1/25/2022
I Emergency Only Mobilization/Portal to Portal Fee (Per Event): $1,656.59 a or
Foreman
Labor Skilled
Equipment Operator
tra1ght ime
$174.97
$140.43
$191.78
I Materials/Subcontractor/Misc. Mark up Fee 10%
Agreement with West Valley Construction/Exhibit A-Scope of Services Rev. 07-01-18
vert,me ime
$210.05
$166.73
$228. 71
le ,me
Page17of32
$241.23
$190.09
$261.55
Category
AC1
AC2
AP1
AT1
B86
BH3
BH4
BH6
BHA
BHB
BHC
BN1
CM1
CP1
CP3
CR1
CR6
CR7
CRA
CT1
D84
DBS
D86
D87
D88
OBA
DC6
City of Santa Clara
Request for On-call Contractor Services
Contractor: West Valley
Construction Company
Date: 1/25/2022
Equipment
Schedule
Description
Air compressor <124 CFM
Air Compressor 125-249 CFM
Asph. Milling Mach.<25.9" wide
Arrow board trailer
Beverage Body Truck, Class 6
BH/Ldr 14' to 14.9' dig depth
BH/Ldr 15' to 15.9' dig depth
BH/Ldr 17' and over dig depth
Breaker attachment
Pole Auger attachment
Compaction wheel
2" Conduit bender
Concrete mixer
Hydraulic cable puller
Electric cable puller
Crane< 8000 lbs Cap
Crane Truck, Class 6
Crane Truck, Class 6
Crane Truck Insulator
Concrete trailer <1.5 yard
Dump truck 1-2.9 yd. Class 4
Dump truck 3-4.9 yd. Class 5
Dump truck 5-6.9 yd. Class 6
Dump truck 7-9.9 yd. Class 7
Dump truck >10 yd Class 8
Side conveyor attachment
Dump trk 5-6.9 yd. els 6 w/ KB
Agreement with West Valley Construction/Exhibit B-Schedule of Fees Rev. 07-01-18
Hourly Rate
$ 30.59
$ 36.73
$ 172.79
$ 4.62
$ 48.13
$ 65.34
$ 75.81
$ 121.96
$ 36.33
$ 7.79
$ 7.70
$ 12.04
$ 8.97
$ 21.42
$ 7.64
$ 9.90
$ 55.11
$ 57.59
$ 6.49
$ 25.62
$ 70.26
$ 63.86
$ 73.55
$ 98.81
$ 123.60
$ 16.60
$ 77.95
Equipment
Schedule
Category Description
DR1 Service Drill
DT1 Dump Trailer, Class 1
DT2 Dump Trailer, Class 2
DZ2 Bulldozer 60-74 hp
ET1 Equipment Trailer, Class 1
ET2 Equipment Trailer, Class 2
ET3 Equipment Trailer, Class 3
ET4 Equipment Trailer, Class 4
ET5 Equipment Trailer, Class 5
ET6 Equipment Trailer, Class 6
ET7 Equipment Trailer, Class 7
ET8 Equipment Trailer, Class 8
EX1 Mini Excavator <4Metric Tons
EX4 Excavator 12.1-14 Metric Tons
EX5 Excavator 19.1-21 Metric Tons
EX6 Excavator 21.1-24 Metric Tons
EX7 Excavator 33.1-40 Metric Tons
EXA Breaker attachment
EXB Vib. sheet piling driver attch
EXC Compaction wheel
EXD Thumb attachment
EXE Rock Bucket
FB1 Flatbed Truck, Class 1
FB3 Flatbed Truck, Class 3
FB4 Flatbed Truck, Class 4
FB5 Flatbed Truck, Class 5
FB6 Flatbed Truck, Class 6
FC4 Flatbed/Compressor, Class 4
FC5 Flatbed/Compressor, Class 5
FC6 Flatbed/Compressor, Class 6
FL4 Forklift, 4,000-4,999 lbs. Cap
FL5 Forklift, 5,000-5,999 lbs. Cap
FL8 Forklift, 8,000-8,999 lbs. Cap
FL9 Forklift, 9,000-9,999 lbs Cap.
FM1 Butt fusion machine
FM2 Service pipe freezer
Agreement with West Valley Construction/Exhibit B-Schedule of Fees Rev. 07-01-18
Hourly Rate
$ 3.24
$ 19.37
$ 19.37
$ 71.83
$ 5.28
$ 6.83
$ 9.13
$ 10.42
$ 11.46
$ 12.47
$ 15.34
$ 28.15
$ 15.46
$ 55.91
$ 60.21
$ 71.07
$ 102.82
$ 38.66
$ 46.91
$ 16.70
$ 30.68
$ 143.07
$ 14.11
$ 43.65
$ 45.92
$ 48.13
$ 54.79
$ 59.36
$ 66.02
$ 72.68
$ 21.27
$ 25.25
$ 31.66
$ 31.66
$ 9.49
$ 7.64
Equipment
Schedule
Category Description
FT4 Fuel Trailer, Class 4
GE1 Generator <5 KW
GES Generator-20K-50K Watts
H01 Dir. Drill <7,000 lbs pullback
H02 Dir. Drill 7,001 to 10K lbs PB
HOS Dir. Drill 20001 to 30K lbs PB
HJ1 Hydraulic Shoring Jack
LOS Wheel Loader 80-99 HP
L07 Wheel Loader 110-119 HP
LOB Wheel Loader 120-134 HP
L09 Wheel Loader 135-149 HP
LOA Asphalt grinder attachment
LOB Adj. asphalt spreader box
LOE Side dump bucket
LOF Screen separator for backfill
LT1 Light Tower 0-6000 lbs GVWR
Ml2 Measuring Instrument , Laser
OR1 All terrain vehicle
OT1 Paving oil trailer, Class 1
PB1 Hydraulic hammer
PC1 Hydraulic snap cutter
PL1 Pipe locator
PP2 Pneumatic Punch <-2"
PP4 Pneumatic Punch 2 .1 "-3"
PP6 Pneumatic Punch 3.1"-4"
PP? Pneumatic Punch 4.1"-5"
PT1 Pipe trailer, Class 1
PT2 Pipe trailer, Class 2
PU1 Pickup Truck, Class 1
PU2 Pickup Truck, Class 2
PVS Paving truck, Class 5
RF4 Forklift, R/T 8,000-9,999 lbs
RM6 Rodding Truck, Class 6
R01 Walk behind roller<2,000 lbs
RT2 Reel Trailer, Class 2
RT3 Reel Trailer, Class 3
Agreement with West Valley Construction/Exhibit B-Schedule of Fees Rev. 07-01-18
Hourly Rate
$ 24.25
$ 9.54
$ 45.96
$ 72.88
$ 90.00
$ 191.66
$ 16.20
$ 65.20
$ 70.57
$ 83.74
$ 94.40
$ 68.38
$ 12.08
$ 11.16
$ 7.70
$ 24.71
$ 8.00
$ 23.66
$ 10.24
$ 57.31
$ 12.47
$ 18.44
$ 5.76
$ 7.42
$ 10.24
$ 10.24
$ 6.97
$ 6.97
$ 33.46
$ 29.62
$ 57.08
$ 61.87
$ 81.63
$ 31.28
$ 5.89
$ 6.82
Equipment
Schedule
Category Description
RT5 Reel Trailer, Class 5
RT6 Reel Trailer, Class 6
SD1 Service Drill
SE1 Shop Tools
SL4 Slugging truck, Class 4
SL6 Slugging truck, Class 6
SP1 Steel Crossing Plate
SS4 Skid steer ldr. Class 4
SS5 Skid steer ldr. Class 5
SS6 Skid steer ldr. Class 6
SS7 Skid steer ldr. Class 7
SSA Hydraulic Breaker attachment
SSD Asphalt Planer attachment
SSE Broom attachment
SSG Slot Mill attachment
ST1 Trailer, Pressure Washer
SV1 Storage Container
SW1 12-14" All purpose saw
SW2 Chain saw
SW3 Coner. saw, 12" max. blade cap
SW4 Con.saw,12.1"-14" max bid cap
SW5 Con.saw,14.1"-18" max bid cap
SW6 Con.saw,18.1"-24" max bid cap
SW? Concrete coring machine
TA? Fuel and Lube Truck Class 7
TB8 Truck Tractor Class 8
TC1 Trench compactor small rammer
TC2 Trench compactor large rammer
TC3 Trench compactor vib. roller
TH? Telehandler
TK2 Mechanics truck, Class 2
TK3 Mechanics truck, Class 3
TK4 Mechanics truck, Class 4
TK5 Mechanics truck, Class 5
TL2 Wheel loader, 40 -49 hp
TL3 Wheel loader, 50 -59 hp
Agreement with West Valley Construction/Exhibit B-Schedule of Fees Rev. 07-01-18
Hourly Rate
$ 52.01
$ 8.91
$ 3.24
$ 18.89
$ 61.28
$ 70.36
$ 2.78
$ 41.86
$ 47.11
$ 39.66
$ 54.11
$ 55.91
$ 27.38
$ 9.12
$ 27.38
$ 25.77
$ 3.68
$ 7.27
$ 6.60
$ 6.81
$ 15.20
$ 19.15
$ 32.25
$ 48.79
$ 117.58
$ 108.80
$ 9.49
$ 10.64
$ 47.86
$ 83.19
$ 29.62
$ 34.78
$ 39.65
$ 48.48
$ 40.59
$ 39.98
Equipment
Schedule
Category Description
TM1 Trenching machine <14 hp
TM5 Trenching machine >131 hp
TMA Conveyor attch. (use with TM5)
TP1 Air motor
TP2 Tapping machine <1"
TP3 Tapping machine 1"-2"
TP4 Tapping machine 2<
TT1 Water trailer, Class 1
UT1 Utility trailer, Class 1
UT2 Utility trailer, Class 2
VP2 Vibratory plate 17" wide
VP3 Vibratory plate 21" wide
VP4 Vibratory plate 25" wide
VR1 Vibratory roller <3750 lbs
VR2 Vibratory roller 3751-6400 lbs
VT2 Vacuum Trailer, Class 2
VT6 Vacuum Trailer, Class 6
WM1 Welding machine
WP1 Water main test pump
WP3 Water pump 2"-2.9"
WP4 Water pump 3"-3.9"
WP5 Water pump 4"-4.9"
WT6 Water Truck, Class 6
Agreement with West Valley Construction/Exhibit B-Schedule of Fees Rev. 07-01-18
Hourly Rate
$ 18.09
$ 299.13
$ 29.17
$ 7.64
$ 11.73
$ 13.22
$ 24.70
$ 23.46
$ 5.28
$ 5.28
$ 7.43
$ 13.19
$ 24.90
$ 23.93
$ 40.96
$ 50.51
$ 62.81
$ 11.85
$ 12.08
$ 12.08
$ 13.83
$ 23.28
$ 52.54
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$5,000,000 Each occurrence
$5,000,000 General Aggregate
$5,000,000 Products/Completed Operations Aggregate
$5,000,000 Personal Injury
$5,000,000 Project Aggregate
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf" basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than five million dollars ($5,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Agreement with West Valley Construction/Exhibit C-lnsurance Requirements Rev. 07-01-18
Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s). Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. 2.
3. 4.
Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City. using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess. including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503. 1985 Edition, or insurer's equivalent (CGL);
Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non payment of premiums shall be effective until written notice has been given to City at least ten ( 10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non- Agreement with West Valley Construction/Exhibit C-lnsurance Requirements Rev. 07-01-18
5. renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Document 00820.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Requirements of specific insurance coverage features described in this Agreement shall not be construed to be a limitation of liability on the part of Contractor or any of its subcontractors, nor to relieve any of them of any liability or responsibility under the Contract Documents, as a matter of law or otherwise.
Such requirements are not intended by any Party to be limited to providing coverage for the vicarious liability of the City or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this Agreement in any way relating to City is intended to apply to the full extent of the policies involved.
2. Contractor shall maintain all required insurance policies in full force and effect during entire period of performance of the Services under this Agreement of Contract Documents. Contractor shall also keep such insurance in force during warranty and guarantee periods . At time of making application for extension of time, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time.
3. City reserves the right , at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor thirty (30) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate in good faith additional compensation proportional to the increased benefit to City.
4. Any type of insurance or any increase of limits of liability not described in this Exhibit which Contractor requires for its own protection or in compliance with applicable statutes or regulations, shall be Contractors ' responsibility and at its own expense.
5. No liability insurance coverage provided by Contractor to comply with the terms of this Agreement shall prohibit Contractor , or Contractor's employees, or agents , from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against lndemnitees. Any property insurance policies affected by Contractor shall be endorsed to delete the subrogation condition as to indemnitees or shall specifically allow Contractor to waive subrogation prior to a loss. Contractor hereby waives any right of recovery against the indemnitees and agrees to require any subcontractor to do so.
6. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and Agreement with West Valley Construction/Exhibit C-lnsurance Requirements Rev. 07-01-18
review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
7. Contractor shall cooperate fully with City and Contractor's insurance companies in any safety and accident prevention program and claims handling procedures as established for the performance of Services under this Agreement.
8. All coverage types and limits required under this Agreement are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage which may affect City's protection without City's prior written consent.
9. For purposes of applying insurance coverage only, all contracts pertaining to the performance of services will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
10. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any of the insurance requirements set forth in this Agreement in no way imposes any additional obligations on City nor does it waive any of the City's rights under this Agreement or any other regard.
11. Any provision in this Agreement dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the Parties here to be interpreted as such.
12. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
13. Contractor agrees to obtain and provide to City evidence of Professional Liability insurance for Architects or Engineers if engaged by Contractor to perform any of the Services required under this Agreement. City shall determine the minimum coverage and policy limits required, after consultation with Contractor.
14. The City acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. The Contractor's insurance obligations under this Agreement under may be satisfied in whole or in part by adequately funded self-insurance retention, but only after approval from the City Attorney's Office upon satisfactory evidence of financial capacity.
Agreement with West Valley Construction/Exhibit C-lnsurance Requirements Rev. 07-01-18
15. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement , Contractor, and each and every subcontractor (of every tier) shall , at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endor.sements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City 's approval as to adequ.acy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance , consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request , Contractor shall submit to City copies of the actual insurance policies or renewals or replacements.
Unless otherwise required by the terms of this Agreement , all certificates , endorsements , coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to ctsantaclara@ebix .com .
Or by mail to:
EBIX Inc.
City of Santa Clara - Water & Sewer Utilities Department P.O. Box 100085 - S2
Duluth , GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with West Valley Construction/Exhibit C-lnsurance Requirements Rev. 07-01-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
l. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 177 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777. 5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates.
Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to:
certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
Agreement with West Valley Construction/Exhibit D-Labor Compliance Rev. 07-01-18
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project. unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.
K. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et Agreement with West Valley Construction/Exhibit D-Labor Compliance Rev. 07-01-18
seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with West Valley Construction/Exhibit D-Labor Compliance Rev. 07-01-18
EXHIBIT E
SAMPLE WORK ORDER FORM
This Work Order is issued by the City of Santa Clara acting by and through its Water & Sewer Utilities Department (the "Department") to the contractor listed below. This Work Order shall constitute a binding legal contract between the Department and Contractor pursuant to the terms of the Agreement referenced below. ln the event of any inconsistency between this Work Order and the Terms and Conditions of the Agreement, the Terms and Conditions of the Agreement shall govern and control.
PART A: GENERAL INFORMATION
Work Order No.:
Contract No.
Contractor Name/Address:
Master Agreement Name:
Expiration Date of Agreement:
Name:
Contractor's Project Manager:
Name:
City's Project Manager
Period of Performance for th is Start Date:
Work Order:
Maximum Work Order Compensation:
Sufficient funds are available in Fund#:
(to be completed by City)
Signatures:
Contractor Name [Print}:
Signature
City's Project Manager [Print]:
Signature
City's Department Director Name [Print]:
Signature
Agreement with West Valley Construction/Exhibit E-Sample Work Order Form Rev. 07-01-18
D Original
D First Revised
D Second Revised
D Other
Email:
Email:
Expected Completion Date:
Date:
Date:
Date:
PART B: SERVICES TO BE PERFORMED FOR WORK ORDER
1. REVISED WORK ORDER
□ No
D If yes, provide a brief description of the change(s).
2. SCOPE OF WORK TO BE PERFORMED
The Contractor shall perform the service(s) described below in accordance with all of the Terms and Conditions of the Agreement. (Insert a detailed scope of work below or attach as a separate file.)
3. COMPENSATION
a. Basis of Compensation: D Time & Materials D Fixed Fee b. Reimbursable Expenses:
D No expenses are reimbursable.
D Expenses are separately reimbursable in the maximum amount of: ------------ c. Payment Schedule: D Monthly D Completion of Deliverable/Milestone D Completion of Work d. Payment Terms. Provide payment terms below or attach as a separate file.
Agreement with West Valley Construction/Exhibit E-Sample Work Order Form Rev. 07-01-18
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-119 Agenda Date: 3/22/2022
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Acknowledging Receipt by City Council of a State-Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Senate Bill (SB) 1205, which became effective in September 2018, enhanced an existing law that required every city fire department, county fire department or district providing fire protection services to annually inspect specific residential occupancies, including hotels, motels, boarding houses, apartment houses, fraternities, sororities, congregate residences, and similar, for compliance with building standards within the jurisdiction (HSC §13146.2). Existing law also requires annual inspection of every building used as a K-12th grade public or private school within the jurisdiction (HSC §13146.3). SB 1205 creates a new mandatory process whereby fire departments present an annual report to their governing authority regarding compliance with safety inspection requirements.
SB 1205 further requires the governing authority to acknowledge receipt of the report via resolution or other similar formal document. For calendar year 2021, there were 1,442 occupancies required to be inspected under the current state regulations within the City of Santa Clara.
DISCUSSION
Senate Bill 1205 requires an inspection status report to be given to Council during its annual budget discussions (or at another time determined by Council), and that Council acknowledge receipt of the report in the manner described above.
The Fire Department is pleased to report 100.0% completion of the 44 public and private schools, and 99.5% of the 1,398 residential occupancy inspections required in calendar year 2021 (see table below). For calendar year 2021, the 0.5% (7 occupancies) not inspected, were subsequently inspected as of the date of this report.
2021 Inspection Status Report Data
Occupancy Type Inspections
Required
Inspections
Performed
% Complete
Public and Private Schools 44 44 100.0%
Residential R-1, R-2, R2.1, R-4 (see
Attachment Appendix A -
Occupancy Type Definitions for
definitions)
1,398 1,391 99.5%
City of Santa Clara Printed on 3/17/2022Page 1 of 2
powered by Legistar™
22-119 Agenda Date: 3/22/2022
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Council has previously approved a cost recovery mechanism for the inspection mandates in the form of inspection fees as allowed by the Health and Safety Code. Revenues and related expenditures were included in FY 2020/21 and FY 2021/22 appropriations, with no additional impacts.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Adopt a Resolution acknowledging receipt of a report made by the Fire Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.
Reviewed by: Ruben Torres, Fire Chief
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. SB 1205 Resolution
2. SB 1205 (HSC 13146.4)
3. Appendix A - Occupancy Type Definitions
City of Santa Clara Printed on 3/17/2022Page 2 of 2
powered by Legistar™
Resolution/Required Reporting of Annual Inspections Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ACKNOWLEDGING RECEIPT OF A REPORT FROM THE FIRE
CHIEF OF THE SANTA CLARA FIRE DEPARTMENT REGARDING
THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING
ANNUAL INSPECTIONS PURSUANT TO SECTIONS 13146.2 AND
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and;
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and,
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and, WHEREAS, the City Council intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Santa Clara Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That said Council expressly acknowledges the measure of compliance of the Santa Clara Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more
Resolution/Required Reporting of Annual Inspections Page 2 of 3 Rev: 11/22/17
than six persons at any one time for educational purposes through the 12th grade. Within the City, there lie 44 Group E occupancies, buildings, structures and/or facilities.
During calendar year 2021, the Santa Clara Fire Department completed the annual inspection of 44 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100.0% for this reporting period.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as mandated residential care facilities. These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City, there lie 1,398 Group R (and their associated sub-categories) occupancies of this nature.
During calendar year 2021, the Santa Clara Fire Department completed the annual inspection of 1,391 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 99.5 % for this reporting period.
Resolution/Required Reporting of Annual Inspections Page 3 of 3 Rev: 11/22/17
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2021, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel ’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a si milar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant
93 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL J
Ch. 854 — 2 —
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
93 Appendix A
Occupancy Classification and Use Definitions (2019 California Building Code)
Occupancy Type Definition
Educational Group E Occupancy includes, among others, the use of a building or structure, or a portion thereof, by more than six persons at any one time for educational purposes through the 12th
grade.
Residential Group R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature such as hotels, motels, and boarding houses (with more than 10 occupants).
Residential Group R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature such as apartment houses, boarding
houses (with more than 16 occupants), convents and
monasteries, dormitories, and fraternities and sororities.
Residential Group R-2.1 Buildings, structures or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services such as residential care facilities, group homes, and halfway houses. This occupancy may contain more than six non-ambulatory and/or bedridden clients.
Residential Group R-4 Residential Group R-4 occupancies shall include buildings, structures or portions thereof for more than six ambulatory clients, but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential
environment and receive custodial care, such as residential care facilities, group homes, and halfway houses.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-262 Agenda Date: 3/22/2022
REPORT TO COUNCIL
SUBJECT
Accept the 2021 General Plan Annual Progress Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
California State Law requires local jurisdictions, including Santa Clara, to maintain a General Plan to guide the orderly, long-term use of lands within the City through policies and General Plan Land Use designations. The General Plan communicates the City’s long-term vision for future growth and land use and establishes a policy framework to govern decision-making concerning the physical development of the community. The seven major strategies of the General Plan, along with their implementing goals and policies, define and communicate the City’s overarching vision for the community in relation to physical development patterns. The City’s seven major General Plan strategies are:
1. Enhance the City’s High Quality of Life
2. Preserve and Cultivate Neighborhoods
3. Promote Sustainability
4. Enhance City Identity
5. Support Focus Areas and Community Vitality
6. Maintain the City’s Fiscal Health and Quality Services
7. Maximize Health and Safety Benefits
The General Plan further establishes multiple goals and policies to guide decision making to be consistent with the realization of these strategies.
The Housing Element is a required component of the General Plan and per State law must demonstrate the City’s ability to support residential development capacity consistent with the City’s Regional Housing Needs Allocation (RHNA).
The City is required to provide three annual reports to the State to demonstrate the City’s progress toward implementation of its General Plan:
· General Plan Annual Progress Report (GP APR)
· General Plan Housing Element Annual Progress Report (Housing Element APR) · Housing Successor Agency Annual Report regarding the Low and Moderate Income Housing Asset Fund (LMIHAF)
These reports are due on April 1
st of each calendar year and the Housing Element APR and LMIHAF City of Santa Clara Printed on 3/17/2022Page 1 of 3
powered by Legistar™
22-262 Agenda Date: 3/22/2022
must be submitted to California Department of Housing and Community Development (HCD) using the forms and definitions adopted by HCD. These two documents must also be posted on the City’s website.
Historically the City has submitted three reports to the State on an annual basis, in conformance with these requirements. Staff is preparing all three documents to submit to the State prior to April 1, 2022.
Beginning in 2020, the State further mandated that all cities, including Charter cities such as Santa Clara, and all 58 counties, submit the GP APR to their legislative body as well as to the Governor’s OPR (Government Code Section 65400). This report is being submitted to the City Council to fulfill this requirement.
DISCUSSION
Annual Progress Reports (APRs) provide local legislative bodies with information regarding the implementation of the General Plan for their city or county. The Annual Progress Report is strictly a reporting document and does not create or modify any City of Santa Clara goals or policies found within the General Plan. APRs must be presented to the local legislative body for review and acceptance. Once approved, the General Plan APR must be filed with the Governor’s Office of Planning and Research and the Housing Successor Agency Annual Report must be posted on the City’s Website.
This report includes four attachments documenting the City’s implementation of the General Plan over the last calendar year. In summary, as described in these documents, the City’s General Plan is consistent with state law, and has been successful in creating market-rate housing, especially in the City’s General Plan Focus Areas.
Attachment 1 is a fact sheet that includes relevant milestones for the General Plan, along with a short discussion of additions that need to be made to the General Plan in the coming years. A summary of the Housing Element APR, including housing production numbers for the year and Housing Element implementation actions, is included as Attachment 2.
The Housing Successor Annual Report regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f). The report sets forth details of the City of Santa Clara Housing Successor activities in Fiscal Year 2020- 2021 and is included for reference as Attachment 3.
A list of all General Plan Amendments filed since the adoption of the 2010-2035 General Plan is included as Attachment 4. No amendments were made to the General Plan in 2021.
ENVIRONMENTAL REVIEW
The action being considered is simply to accept an annual report on the City’s General Plan and as such does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5), in that it is a governmental administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
This report has no fiscal impact in that it simply reports housing production for the prior calendar year City of Santa Clara Printed on 3/17/2022Page 2 of 3
powered by Legistar™
22-262 Agenda Date: 3/22/2022
and gives the Council a report on the status of the implementation and upkeep of the General Plan.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .
RECOMMENDATION
Accept the General Plan Annual Progress Report as presented by staff.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: City Manager’s Office
ATTACHMENTS
1. Santa Clara General Plan 2010-2035 Fact Sheet
2. 2021 Housing Element Annual Progress Report Summary Data
3. FY 2020-2021 Successor Agency Annual Report
4. Amendments to the General Plan, 2010-Present
City of Santa Clara Printed on 3/17/2022Page 3 of 3
powered by Legistar™
General Plan 2010-2035 Fact Sheet
Adoption Date of General Plan: November 6, 2010
Adoption Date of Housing Element: December 9, 2014
Consistency with the Office of Planning and Research General Plan Guidelines: Consistent
Amendments to be made during the next Housing Element Update, or by 2022, as required by State Law:
- Climate Adaptation and Resilience Policies, to be included as a part of the 2021 Climate Action Plan Update
- An update of the Safety Element in relation to Fire Hazards and Climate Change
Priorities for land use decision making that have been established by the local legislative body (e.g., passage of moratoria or emergency ordinances): Ordinance 2018, imposing a ban on all commercial cannabis activities, adopted May 12, 2020.
Advance Planning Activities initiated in 2021: An Amendment to the Tasman East Specific Plan to allow an additional 1,500 units, increasing the capacity of the Plan Area to a total of 6,000 units.
Ongoing Advance Planning Activities:
- Downtown Precise Plan
- El Camino Specific Plan
- Patrick Henry Drive Specific Plan
- Zoning Code Update
- Freedom Circle Focus Area Plan
- Climate Action Plan
City of
Santa Clara
The Center of What's Possible
Jurisdiction Santa Clara
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 108
Non-Deed Restricted 13
Deed Restricted 55
Non-Deed Restricted 12
Deed Restricted 7
Non-Deed Restricted 13
236
444
Units by Structure Type Entitled Permitted Completed
SFA 0 105 124
SFD 0 19 18
2 to 4 0 0 0
5+ 1339 267 532
ADU 73 53 54
MH 0 0 0
Total 1412 444 728
94 727
233
0 1
0 0
0 Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 00 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Prepared by Housing & Community Services Division
1500 Warburton Avenue
Santa Clara, CA 95050
408-615-2490
HOUSING SUCCESSOR
ANNUAL REPORT
REGARDING THE LOW- AND MODERATE-INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2020-21 PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE CITY OF SANTA CLARA
Submission Date: March 31, 2022
City of
Santa Clara
The Center of What's Possible
Santa Clara Housing Successor Page 1
HOUSING SUCCESSOR ANNUAL REPORT
REGARDING THE
LOW- AND MODERATE-INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2020-21 PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE CITY OF SANTA CLARA
The Housing Successor Annual Report (Report) regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and describes the current status of the LMIHAF as of June 30, 2021. The Report further provides certain details regarding the City of Santa Clara, as Housing Successor (“Housing Successor” or “City”), and its activities during Fiscal Year 2020-21 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor, the Santa Clara City Council, an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by staff and information contained within the financial records of the Low- and Moderate-Income Housing Asset Fund 169 for Fiscal Year 2020-21.
The Report conforms with and is organized into Sections I through XI, inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:
I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. This section also includes a reporting on the amount the Housing Successor received pursuant to Health and Safety Code Section 34191.4(b)(3)(A) for sponsoring community loan repayments.
II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.
IV. Statutory Value Of Assets Owned By Housing Successor In LMIHAF: Under the Dissolution Law, and for purposes of this Repor t, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency , as listed on the housing asset transfer schedule approved by the Department of Finance , as listed in such schedule under Section 34176 (a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for whi ch the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
City of
Santa Clara
The Center of What 's Possible
Santa Clara Housing Successor Page 2
VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
VII. Status of Compliance with Section 34176.1: This section provides a status update on compliance with Section 34176.1 (amending the dates to initiate activities consistent with development of affordable housing under Section 33334.16). For interests in real property acquired on or after February 1, 2012, this section provides a status update on the project.
VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012, along with the Housing Successor’s progress in m eeting those prior obligations of the former redevelopment agency and how the Housing Successor plans to meet any unmet obligations.
IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. However, reporting of the Income Test was reported in 2019 and will be reported again in 2024.
X. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Succe ssor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the Hou sing Successor, its former redevelopment a gency and its host jurisdiction within the same time period.
For this Report the ten-year period is July 1, 2011- June 30, 2021.
XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any , the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.
XII. Inventory of Assisted Homeownership Units: An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
This Report is to be provided to the California Department of Housing and Community Development by April 1, 20 22. In addition, this Report and the former redevelopment agency’s pre -dissolution Implementation Plans are to be made available to the public on the City’s website, www.santaclaraca.gov.
Santa Clara Housing Successor Page 3
I. AMOUNT DEPOSITED INTO LMIHAF (INCLUSIVE OF DEPOSITS MADE PURSUANT TO SECTION 34191.4(B)(3)(A))
Source Amount
First Time Homebuyer Loan Repayment (Principal & Interest) $799,941 Housing Rehab Loans-NCIP (Principal & Interest) $0
AH Development Loans Repayment (Principal & Interest) $542,759 Use of Money & Assets (Interest, Rent, Misc. Other Revenue) $209,556 20% Set Aside on Sponsoring Community Loan Repayments Pursuant to Safety Code Section 34191.4(b)(3)(A) -
Land Sale Proceeds $11,650,000
Total from all sources deposited in Fiscal Year $13,202,256
A total of $13,202,256 was deposited into the LMIHAF duri ng the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. The City did not receive any loan repayments under Section 34191.4(b)(3)(A) fro m the Successor Agency for funds borrowed from the City by the former redevelopment agency. Because no payments were made, no deposits were required to be made into the City’s LMIHAF that were associated with s ponsoring community loan repayments under Health and Safety Code Section 34191.4(b)(3)(A).
II. ENDING BALANCE OF LMIHAF
Balance of LMIHAF as of 6/30/21
Subject Balance
Previous balance + Current Deposits - Expenditures $14,007,972
At the close of the Fiscal Year, the ending balance in the LMIHAF was $14,007,972 of which $0 is held for items listed on the ROPS.
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
Subject Amount
Monitoring & Administration $407,366
Homeless Prevention and Rapid Rehousing Services Expenditures $264,060 Housing Development Expenditures for pre-development expenses $11,650,000 Total Expenditures
$12,321,426
The primary expenditures from the LMIHAF were for Homeless Prevention, Case Management services for the Tenant Based Rental Assistance (TBRA) program, and Rapid Rehousing Services and expenditures and administrative costs associated with monitoring the portfolio’s long-term affordability restrictions. The City entered into two separate agreements with program service providers totaling $250,000 from LMIHAF funds. The TBRA program is administered by two service providers: Abode Services and Bill Wilson Center. Only Bill Wilson Center was allocated LMIHAF funds ($140,000) to Santa Clara Housing Successor Page 4
provide case management servic es and general program administration services for the TBRA program. Federal Home Investment Partnerships Act (HOME) funds in the amount of $1,746,618 were allocated for subsidies and deposits, and $212,089 from City Affordable Housing funds were allocated to supplement the LMIHAF funds. The TBRA program provides housing and case management services to individual and families who are homeless or at risk of homelessness. The second agreement is with the County of Santa Clara to provide intensive case management and other supportive services for homeless individuals in order to obtain and maintain permanent housing. The agreement is for $110,000 from LMIHAF funds.
The City Council, on August 19, 2020 approved Amendment No. 1 to the Agreement for Services with HouseKeys Inc. for administration of the City’s Affordable Rental Program to continue to strengthen the City’s ability to administer and maintain its affordable rental program . The total compensation authorized contained a not-to-exceed amount of $166,000 ($156,000 for program administration and an additional $10,000 for special projects ) with $125,000 of this agreement funded by the LMIHAF funds.
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor.
Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor.
Asset Category - Loans # of Loans Statutory Value
First Time Home Buyers 25 $ 1,277,194
Housing Rehab- NCIP 2 $ 93,324
Development Loans 30 $84,035,522
Total Loan Balances $ 85,406,040
Asset Category - Land Statutory Value
Land Held for Development
2330 Monroe St & San Tomas Expressway $ 5,400,270
3575 De La Cruz Boulevard $ 1,703,500
Land Developed with Affordable Housing
Presidio El Camino Affordable Housing $ 2,694,997
Charities Housing $ 1,479,897
Total Land Balances $ 11,278,664
Total Statutory Value of Assets Owned by Housing Successor $ 96,684,704
V. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.
No previous projects required LMIHAF transfers during the fiscal year.
Santa Clara Housing Successor Page 5
VI. PROJECT DESCRIPTIONS
This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.
VII. STATUS OF COMPLIANCE WITH SECTION 34176.1
Section 34176.1 provides that the deadlines in Section 33334.16 do not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property.
With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset.
The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012:
Address
Date of Transfer
approval from
DOF
Deadline to
initiate activity Current Status
2330 Monroe St &
San Tomas Expressway 7/16/2013 7/16/2018
Executed DDA, Approved
Entitlements, and Encumbered
Funds (Closing April 2022)
3575 De La Cruz Boulevard 7/16/2013 7/16/2018
Awarded and
Executed ENA (ENA Extended to
June 2022)
90 N. Winchester Boulevard 7/16/2013 7/16/2018
Executed DDA, Approved
Entitlements, and Encumbered
Funds (Closed June 2021)
2330 Monroe Street:
On December 7, 2017, the Housing and Community Services Division held a Community Engagement Meeting at City Hall to discuss plans for the future development of the City-owned site at 2330 Monroe Street. The RFP was issued on March 2018 and on November 11, 2018, Santa Clara’s City Council authorized the City Manager to execute an Exclusive Negotiation Agreement (ENA) with Freebird Development Company for the development of 2330 Monroe Street. On January 28, 2020, Santa Clara’s City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) with Freebird Development LLC and further authorizing the City Manager to execute all other agreements (including a Ground Lease, Loan Agreements, Deeds of Trust, Promissory Notes, and Affordable Housing Agreement). Freebird Development Company applied for tax-exempt bonds and tax credits in December 2020 but was not awarded in that round. In December 2021, Freebird’s application for tax-exempt bonds and tax credits was successful and the project is Santa Clara Housing Successor Page 6
expected to close financing in April 2022.
3575 De La Cruz Boulevard:
On January 29, 2018, the Housing and Community Services Division held a Community Engagement Meeting at the Northside Library to discuss plans for the future development of the City-owned site at 3575 De La Cruz Boulevard. The RFP was issued in June 2018 and on April 9, 2019, Santa Clara’s City Council approved an Exclusive Negotiation Agreement (ENA) with Habitat for Humanity Company for the development of 3575 De La Cruz Boulevard. The ENA provided an initial negotiating period of 18 months, commencing on the date of the Agreement was fully executed, which could be extended for two additional periods of six months each by the City Manager upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Both six-month extensions were authorized by the City Manager. As allowed under the ENA, the City Manager granted two six-month extensions for the ENA on December 14, 2020 and the second on July 12, 2021. On December 14, 2021, the third extension was approved by action of the City Council for six months to allow Habitat for Humanity additional time to prepare a Disposition and Development Agreement (DDA) for Council consideration.
90 North Winchester Boulevard:
On February 27, 2015, the Housing Successor issued a Request for Proposals for 90 North Winchester Boulevard (referred to as the "BAREC Site") for the development of affordable senior housing. On January 29, 2019, Santa Clara’s City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) with Core Affordable Housing LLC for the development of the Agrihood Project located at 90 North Winchester Boulevard/ 1834 Worthington Circle and further authorizing the City Manager to execute all other agreements (including a Ground Lease, Loan Agreements, Deeds of Trus t, Promissory Notes, and Affordable Housing Agreement) . The Core Companies announced in September 2020 that the Agrihood Project has been awarded $50,000,000 in tax-exempt bonds by the California Debt Limit Allocation Committee (CDLAC). The project closed financing in June 2021 and is currently under construction.
2904 Corvin Drive:
On February 19, 2019, Santa Clara’s City Council approved a loan agreement with Allied 2904 Corvin, LP for a loan of up to $5,000,000 Housing Successor Funds to support the con struction of a 100% affordable residential development at 2904 Corvin Drive. The project, Corvin Apartments, will contain 145 units consisting of 80 units for formerly chronically homeless residents with income levels at or below 30% of Area Median Income (AMI), 64 units for residents with income levels at or below 60% AMI, and 1 unrestricted two-bedroom manager’s unit. The project started leasing up in June 2021 and is expected to reach full occupancy by February 2022.
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413
Replacement Housing: According to the FY2009/10 - FY2015/16 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The former r edevelopment agency’s Implementation Plans are posted on the City’s website at www.santaclaraca.gov
There are no existing replacement housing obligations.
Inclusionary/Production Housing: According to the FY2009/10 - FY2015/16 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the City’s website at www.santaclaraca.gov
There are no existing inclusionary production obligations.
Santa Clara Housing Successor Page 7
IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five -year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Succ essor demonstrates compliance with the Extremely-Low Income requirement. This information will be reported in 2024 and every five years thereafter.
X. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed -restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the agg regate number of units of deed -restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.
The following provid es the Housing Successor’s Senior Housing Test for the 10-year period of 7/1/2011-6/30/2021. The aggregate number of units of deed -restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years did not exceed 50 percent of the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agenc y, and its host jurisdiction within the same time period . Therefore, the restrictions under Section 34176.1(b) do not apply.
Senior Housing Test 10 Year Test
July 1, 2011 - June 30, 2021
# of Assisted Senior Rental Units by Former RDA 47
# of Assisted Senior Rental Units by City 0
# of Assisted Senior Rental Units by Housing Successor 165 Total # of Assisted Senior Rental Units 212
# of Assisted Rental Units by Former RDA 87
# of Assisted Rental Units by City 144
# of Assisted Rental Units by Housing Successor 359
Total # of Assisted Rental Units 590
Assisted Senior Housing Percentage 35.93%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the LMIHAF account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.
The Housing Successor created the LMIHAF account on Fe bruary 1, 2012. The LMIHAF Balance on Deposit of $13,072,677 less the encumbered amount of $ 11,500,000 for two affordable housing developments, equals $1,572,677. This amount is less than the sum of the annual deposits made in the preceding four fiscal years of $6,859,852. As a result, the LMIHAF does not have an Excess Surplus. The City has encumbered (meaning, approved by and budgeted by Council, but not expended in the reporting Santa Clara Housing Successor Page 8
period) $11.5 million for two affordable housing projects including all $13,072,677 of LMIHAF funds have been approved by the City Council as noted below.
Annual Deposits Amount Deposited
FY 2016-17 LMIHAF Deposits $1,488,901
FY 2017-18 LMIHAF Deposits $1,799,709
FY 2018-19 LMIHAF Deposits $2,227,849
FY 2019-20 LMIHAF Deposits $1,343,393
Aggregate Deposits for 4 preceding fiscal years $6,859,852 LMIHAF Balance on Deposit $13,072,677
Encumbered Funds ($11,500,000)
Unencumbered LMIHAF Balance on Deposit $1,572,677
Excess Surplus $0
Encumbered Funds for Affordable Developments (as of June 30, 2021) Allied 2904 Corvin (3311 Kifer Road) $ 5,000,000
Freebird (2330 Monroe Street) $ 6,500,000
Total $ 11,500,000
Additionally, on January 29, 2019, Santa Clara’s City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) with Core Affordable Housing LLC for the development of the Agrihood Project located at 90 North Winchester Boulevard, which included a Loan Agreement for $15.7 million. Consistent with the original project concept, at closing in June 2021, the Developer acquired the market-rate and mixed -income parcels at a value of $15,700,000. Upon payment of the property purchase price the City conveyed the parcels to the developer excluding the portion to be developed as affordable senior housing, which city retains. At the escrow closing of the market-rate and mixed-income parcels, the City re -invested the sales proceeds of the market rate and mixed income parcels ($15,700,000) into the affordable project through a Loan Agreement. As a requirement of the loan, the Developer must maintain the affordable units for rent to qualified tenants for 55 years.
The City’s original costs basis for the land was $11,650,000 of Housing Successor Funds and $4,050,000 of General Funds, which approximately represents a 74%/26% split. As per the terms of the Loan Agreement, the City shall receive a portion of the residual receipt cash flows until the full loan plus interest is completely paid. As such, any residual receipt payments to the City shall be split 74%/26% between the Housing Successor Fund and the General Fund, which represents the original cost basis.
XII. HOMEOWNERSHIP INVENTORY
This section contains an inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
Santa Clara Housing Successor Page 9
There is a total 46 of assisted homeownership units being monitored by the housing successor. No units were lost from the portfolio during the fiscal year and no units have been lost from the portfolio since February 1, 2012. A total of 3 units have been removed from the housing successor’s por tfolio during the fiscal year because the homeowners have satisfied the terms of the recorded affordability covenants.
No funds were returned as part of a program that protects the former agency's investment of funds from the LMIHAF. The Housing Successo r did receive $ 799,941 of program income associated with the housing successor's homeownership portfolio.
The Housing Successor did not contract with any outside entity for the management of the housing successor's homeownership portfolio.
ACTIONS NEEDED
This report must be submitted to the California Department of Housing and Community Development by April 1 st. This report and the former redevelopment agency’s Implementation Plans are posted on the City’s website at www.santaclaraca.gov
City of Santa Clara
Community Development/Planning Division
General Plan Amendment Applications
2010 to Present
Report prepared on 2/28/2022
GPA # Project File Number Description Notes
#73
1410 El Camino Real - The
Presidio PLN2010-08180
GPA# 73 from Gateway Thoroughfare to High Density Residential (3,025 sq.ft. of commercial use and 40 residential units) 11.09.2010 - City Council Approved #74 2875 Lakeside Drive PLN2010-08051
GPA #74 - General Plan Text Amendment for lot coverage; (5- story, 107 room extended stay hotel with podium parking at grade and 4 floors above) GPA was withdrawn
#75 5403 Stevens Creek Blvd PLN2011-08988
GPA #75 - General Plan Amendment from Low Intensity Office R&D to High Intensity Office R&D (Two 6-story office buildings totaling 295,500 sq.ft. & one below and above grade parking structure w/ a total of 1,118 on-site parking spaces; demolish existing commercial building [I-Hop]) 07.17.2012 - City Council Approved #76 45 Buckingham Drive PLN2013-09799
GPA #76 from Community Mixed Use to High Density Residential (Four-story, 222 unit multi-family residential development with wrap parking structure w/ 375 on-site parking spaces; demolish of existing commercial building) 03.18.2014 - City Council Approved #77 2585 El Camino Real PLN2013-09805
GPA#77 - General Plan Amendment from Community Mixed Use to High Density Residential (60 condominiums at 43 DU/AC)
08.27.2013 - City Council Approved
#78 2611 El Camino Real PLN2013-09744
GPA #78 General Plan Amendment from Regional Mixed Use to High Density Residential (183 multi-family residential project; demolish commercial) 09.15.2013 - City Council Approved #79 166 Saratoga Avenue PLN2013-10111
GPA #79 - General Plan Amendment from Community Mixed Use to Medium Density Residential (33 townhomes)
12.09.2014 - City Council Approved
#80
2620-2800, 2423-2475
Augustine Drive PLN2014-10256
GPA #80 - General Plan Amendment from High Intensity
Office/R&D to Community Commercial [Retail Center] and Light Industrial to High Intensity Office/R&D [Office Phase II & III] (up to 1,243,300 s.f. of office space and up to 125,000 s.f. of retail space for a total (inclusive of Office Phase I) of up to 2,000,100 square feet of development) 06.10.2014 - City Council Approved #81 1313 Franklin Street PLN2014-10542
GPA #81 - General Plan Amendment from Community Mixed Use to Regional Mixed Use (44 residential condominium units and 14,500 s.f. retail) 01.13.2015 - City Council Approved
#82 1701 Lawrence Road PLN2014-10320
GPA #82 - General Plan Amendment from Medium Density
Residential to Low Density Residential (9-unit townhome project; demolish two commercial buildings and a single family residence) 04.07.2015 - City Council Approved #83 5155 Stars & Stripes PLN2014-10554
GPA #83 - General Plan Amendment from Parks/Open Space and Regional Commercial to Urban Center/Entertainment District (up to ~9.16M s.f. of office, retail, residential, hotel and entertainment facilities; new open space, parking, roadways, and infrastructure; demolish existing structures) 06.28.2016 - City Council Approved #84
2505 Augustine Drive, 3333
Octavius Drive PLN2014-10577
GPA #84 - General Plan Amendment for Santa Clara Square Office Phases II and III (Light Industrial to High Intensity Office/R&D) (6-8 story office buildings) 11.18.2014 - City Council Approved #85 2780 El Camino Real PLN2015-11360
General Plan Amendment #85 from Regional Mixed-Use to
Density Residential (158 apartments; demolish bowling alley) Withdrawn
#85 2780 El Camino Real PLN2017-12669
General Plan Amendment #85 from Regional Mixed-Use to
Medium Density Residential (58 townhomes; demolish bowling alley 5/22/2018 - City Council Approval
#86 Lawrence Station Area Plan PLN2014-10500
GPA #86 - General Plan Amendment for Lawrence Station Area Plan from Low Intensity Office/R&D to Medium, High, and Very High Density Residential (up to 3,500 residential units and up to 104k s.f. commercial, plus parkland, roads, and infrastructure) 11/29/2016 - City Council Approved #87 1205 Coleman Avenue PLN2016-12318
GPA #87 - General Plan Amendment for the Santa Clara Station Focus Area to allow residential development at 51 - 100 du/ac and commercial development at a minimum 0.20 FAR (up to 1,600 residential units and approximately 220k s.f. hotel/retail/restaurant) 7/9/2019 - City Council Approved #88 575 Benton Street PLN2015-10980
GPA #88 - General Plan Amendment from Santa Clara Station High Density Residential and Santa Clara Station Low Density Residential to Santa Clara Station High Density Residential and to include a policy to allow limited neighborhood commercial uses within the Santa Clara Station Focus Area on a 5.8-acre site (318 apartments and approximately 22,000 s.f. commercial) 02/23/2016 - City Council Approved 1 of 2
GPA # Project File Number Description Notes
#89 3905 Freedom Circle PLN2017-12516
GPA #89 - General Plan Amendment from High Intensity
Office/R&D to a Very High Density Residential to allow up to 1,100 residential units with 1,540 parking spaces, up to 2,000 square foot of commercial with 10 parking spaces and a 2-acre public park.
Pending - 3/31/2020 PCC (deemed
incomplete)
#90 100 N. Winchester Boulevard PLN2015-11231
GPA #90 - General Plan Amendment from Regional Commercial to High Density Residential (92 market rate senior units)
01/12/2016 - City Council Approved
#91 575 Benton Street PLN2017-12489
GPA #91 - General Plan Amendment #88 from High Density
Residential to Very High Density Residential (355 apartment units, and ~22,000 square feet of retail) 7/17/2018 - City Council Approved #92
2600 - 2610 Augustine Drive,
3300 - 3380 Montgomery
Drive, et. al. PLN2015-10899
GPA #92 - General Plan Amendment from Light
Industrial/Community Commercial to Regional Mixed Use, and Light Industrial to High Density Residential (1800 apartments, 40,000 s.f. retail, & associated improvements) 12/15/2015 - City Council Approved #93 2500 El Camino Real, et. al. PLN2016-11684
y
Mixed Use to Regional Mixed Use for the development of 332 market rate residential units and 66 senior residential units totaling Pending - PC/CC after ECR SP Visioning
#94 Tasman East SP PLN2016-12400 Light Industrial to Transit Neighborhood 11/13/2918 - City Council Approved #95 El Camino Real SP PLN2014-10776
GPA #95 - Up to 6,200 residential units beyond the 2,073 that were allocated under the 2010 General Plan and of which some of those residential units have been constructed in the project area.
Additionally, the Preferred Land Use Alternative would reduce the commercial space which currently exists in the project area by 315,000 square feet. Pending
#96 3005 Democracy Way PLN2017-12924
High-Intensity Office/Research and Development (R&D) to a new designation allowing high-intensity mixed use development, including residential and office Pending
#97 Patrick Henry Drive Plan Patrick Henry
Drive SP
The Specific Plan will analyze two scenarios: 1) Up to 12,000 net new residential units and 310,000 net new square feet of non- residential uses, including retail and education facilities. 2) The same as the (1) but would substitute office for high-density residential along the east edge of the Plan Area, amounting to an approximate total of 10,300 net new residential units,785,000 net new square feet of office, and 310,000 net new square feet of other nonresidential uses.
Pending
#98 Freedom Circle Focus Area Freedom Circle
Focus Area
The Focus Area would allow, subject to a future planning study, 2,500 dwelling units beyond those anticipated in the Greystar General Plan Amendment (described below), and 2 million square feet of additional office space beyond that allowed under the current high-intensity office designation. Pending
2 of 2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-304 Agenda Date: 3/22/2022
REPORT TO COUNCIL
SUBJECT
Action on Reappointment of Board and Commission Members, Declaring Commissioner Vacancies, and Setting Dates for Recruitment and Interviews
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Board, Commission and Committee members are generally appointed to a four-year term (full term) and may serve a maximum of two consecutive full terms. In the case where an existing member is eligible for another term, past City practice has been for staff to contact those existing members and request if they would like to be re-appointed to another term. The Council then takes formal action to reappoint those existing members who indicate a desire to serve a second term. If an individual is appointed to fill a partial term, he or she may serve an additional two full terms. Full terms are effective July 1
st of the appointing year and expire on June 30th of the fourth year.
DISCUSSION
Staff has continued with the past practice of reaching out to the incumbents eligible for reappointment and inquiring if there is a desire to continue to serve a second term. Regular attendance is one of the requirements to serve on a Board or Commission, staff has attached an attendance roster (Attachment 1) of all Boards and Commissions for Council’s review.
The terms for the following commissioners will expire on June 30, 2022; however, staff reached out to all eligible incumbents and those who wished to be considered for reappointment to serve another term ending June 30, 2026 are listed below:
Board of Library Trustee (1) Debbie Tryforos
Civil Service (1) Franklin Felizardo
Cultural Commission (1) Louis Samara
Historical and Landmarks Commission (2) Michael Celso
Ana Vargas Smith
Planning Commission (1) Nancy Biagini
City of Santa Clara Printed on 3/17/2022Page 1 of 3
powered by Legistar™
22-304 Agenda Date: 3/22/2022
The following commissioners have served two full terms which will each end on June 30, 2022; creating three vacancies for a full-term each ending June 30, 2026; in addition, there will be another vacancy upon completion of the term ending June 30, 2022 on the Parks and Recreation commission for a full-term ending June 20, 2026:
Parks and Recreation Commission (2) Andrew Knaack
Vacant Seat 6/2022
Planning Commission (1) Yuki Ikezi
Senior Advisory Commission (1) Wanda Buck
Currently there is a vacancy on the Senior Advisory Commission due to a resignation which needs to be filled for a partial term ending June 30, 2025.
Senior Advisory Commission (1) Partial term ending 2025 Due to the above vacancies, staff recommends that the Council declare vacancies for five (5) positions to fill four (4) full terms each ending on June 30, 2026 and one (1) partial term ending on June 30, 2025; set the recruitment to begin on March 23, 2022 and set the application deadline to April 27, 2022 by 5:00 p.m.; and set May 16, 2022 to conduct interviews.
Staff will bring forward Special Orders of Business to recognize outgoing commissioners at a future Council meeting.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no additional cost to the City other than administrative staff time and expense.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .
RECOMMENDATION
1. Reappoint the six (6) eligible commissioners to serve a four-year term each ending June 30, 2026;
2. Declare five (5) vacancies on the following commissions for four (4) full terms each ending June 30, 2026 and one partial term ending June 30, 2025:
· Two (2) on the Parks and Recreation Commission (full terms); City of Santa Clara Printed on 3/17/2022Page 2 of 3
powered by Legistar™
22-304 Agenda Date: 3/22/2022
· One (1) on the Planning Commission (full term); and
· Two (2) on the Senior Advisory commission (one full term and one partial term);
3. Open the recruitment period on March 23, 2022;
4. Set April 27, 2022 by 5:00 p.m. as the application deadline; and
5. Set May 16, 2022 to conduct interviews.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: City Manager’s Office
ATTACHMENT
1. Board/Commissions Attendance Roster 2021-2022
City of Santa Clara Printed on 3/17/2022Page 3 of 3
powered by Legistar™
Board and Commission Attendance Roster
(Due to COVID-19 and the order of shelter in place as of March 16, 2020.
Boards and Commissions meetings were suspended. Meetings were later reinstated to begin September 2020 virtually, therefore; the 2021 roster reflected attendance from August 2019 – January 2021 with a break (between March 2020-September 2020 due to COVID)
Current roster reflects attendance from February 2021- February 2022
Board of Library Trustees Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2021/2022
Debbie Tryforos (VC) 06/30/2022 Yes None
Stephen Ricossa 06/30/2023 Yes None
Leonne Broughman (C) 06/30/2024 No 9/13/2021 - Excused
3/7/2022 - Excused
Jan Hintermeister 06/30/2024 No 2/7/2022 - Excused
Jonathan Evans 06/30/2025 Yes None
Civil Service Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting Absences
2021/2022
Franklin J. Felizardo 06/30/2022 Yes 4/12/21 – Not Excused 12/13/21 – Not Excused
Willie D. Brown, Jr. 06/30/2023 No 5/10/21 – Not Excused 10/14/21 – Not Excused
Carolyn G. McAllister 06/30/2023 No None
Tahir J. Naim 06/30/2024 Yes 5/10/21 – Not Excused
John Casey 06/30/2025 No 4/12/21 – Not Excused
8/9/21 – Not Excused
2/14/22 – Not Excused
Cultural Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting Absences
2021/2022
Louis Samara (C) 06/30/2022 Yes None
Debra Von Huene 06/30/2023 Yes None
Siddarth Sundaram 06/30/2023 Yes None
Candida A. Diaz 06/30/2024 Yes None
Paul McNamara 06/30/2024 Yes None
Jonathan Marinaro (VC) 06/30/2025 Yes 2/1/2021– Not Excused 4/5/2021– Not Excused
11/1/2021– Not Excused
Jennifer V. Vega 06/30/2025 Yes 10/4/2021– Not Excused
Historical and Landmarks Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2021/2022
Michael Celso 06/30/2022 Yes 2/4/21 – Excused
1/6/22 – Excused
2/3/22 – Excused
Ana Vargas-Smith 06/30/2022 Yes 5/6/21 - Excused
Patricia Leung 06/30/2023 Yes None
Megan Swartzwelder 06/30/2023 Yes 2/4/21 – Excused
2/3/22 – Excused
Kathleen Romano 06/30/2025 Yes 10/7/21 - Excused
Amy Kirby 06/30/2025 Yes None
Ed Stocks 06/30/2025 Yes None
Parks and Recreation Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2021/2022
Andrew Knaack (C) 06/30/2022 No 9/21/2021 – Excused
2/15/2022 - Excused
Joe Martinez (VC) 06/30/2022 Yes 3/21/2021 – Excused
9/21/2021 – Excused
Burt Field 06/30/2023 Yes 6/15/2021 – Excused
10/19/2021 - Excused
Eversley Forte 06/30/2023 Yes None
Dana Caldwell 06/30/2024 Yes 2/15/2022 - Excused
Kelly Gonzalez 06/30/2024 Yes 8/17/2021 – Excused
Saji Hai 06/30/2025 Yes None
Planning Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2021/2022
Nancy A Biagini 06/30/2022 Yes None
Yuki Ikezi 06/30/2022 No None
Priya Cherukuru 06/30/2023 Yes 8/25/21 - Excused
Yashraj Bhatnagar 06/30/2023 Yes None
Ricci Herro 06/30/2024 yes 2/24/21 – Excused
9/22/21 - Excused
Lance Saleme (VC) 06/30/2020 Yes None
Qian Huang 06/30/2025 Yes None
Senior Advisory Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2021/2022
Wanda Buck 06/30/2022 No None
James Hohenshelt 06/30/2023 Yes None
Nancy Toledo (C) 06/30/2023 No None
Judy Hubbard 06/30/2024 Yes 2/22/2021 - Excused
5/24/2021 – Excused
10/25/2021 - Excused
Grant L. McCauley(VC) 06/30/2024 No 2/28/2022 - Excused Helen E. Narciso 06/30/2025 Yes 10/25/2021 - Excused
11/22/2021 – Excused
1/24/2022 – Excused
Vacant 06/30/2025 Yes
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1777 Agenda Date: 3/22/2022
REPORT TO COUNCIL
SUBJECT
Action to Waive First Reading and Introduce an Ordinance of the City of Santa Clara, California, Defining the Composition of the Membership of the Bicycle and Pedestrian Advisory Committee and the Scope of the Bicycle and Pedestrian Advisory Committee’s Jurisdiction, Adding a New Section
2.120.170 (“Bicycle and Pedestrian Advisory Committee”) and Amending Section 2.120.010 (Names, Membership, Qualifications, and Terms of Office”) of Chapter 2.120 (“Boards and Commissions”) of Title 2 (“Administration and Personnel”) of the Santa Clara City Code and Adopt Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The Bicycle and Pedestrian Advisory Committee (BPAC) is an advisory body to the City Council on matters relative to modifying or expanding the City's public recreational and commuter bikeway and pedestrian walking system. The BPAC’s goal is to encourage recreational and commuter bicycling and walking by promoting safe, convenient, well-designed facilities and by evaluating local bicycle and pedestrian related projects. The purpose, membership, and policies/procedures were established through City Council’s past approval of the BPAC’s Policy Guidelines, with the most recent version being adopted by City Council on March 25, 2014 (Attachment 1).
On September 14, 2020, the Governance and Ethics Committee (Committee) provided direction to staff to formalize policy guidelines for the BPAC. Although the City Council approved the formation of the BPAC and the BPAC Policy Guidelines, there is no City Code section specifically addressing it.
The Committee requested that an ordinance be considered to amend the City Code to clearly set forth the composition of the membership and the scope of the BPAC’s jurisdiction. The Committee directed staff to bring back a recommendation on formalizing the BPAC through a draft ordinance that reflected the input of both the BPAC and the Committee.
Over the course of the next six months, staff engaged the BPAC on multiple occasions to provide a framework for the proposed ordinance and solicit feedback from members. These engagements took place on October 26, 2020, December 10, 2020, and January 25, 2021. During these meetings the proposed changes to the City Code were refined and the BPAC policy guidelines were updated to align with all other City Boards, Commissions, and Committees. The BPAC also formed a special subcommittee to review the changes and provide further input and recommendations.
At the March 29, 2021 Governance and Ethics Committee meeting, the Committee did not vote on the draft City Code amendments or changes to the policy guidelines, but did vote on the following:
City of Santa Clara Printed on 3/17/2022Page 1 of 4
powered by Legistar™
22-1777 Agenda Date: 3/22/2022
· Member Eligibility - BPAC members be at least 18 years of age, live or work in the City, and do not have to be a qualified elector of the City.
· Membership - BPAC to consist of seven members instead of nine and phase in this change so no current member loses their position during the current term. · Applications and Appointments - Council to consider whether to continue having BPAC interview applicants, vote for applicants, and make recommendations to Council; or whether Council should interview applicants and make selections similar to other Boards and Commissions
· BPAC Chair
- Council to consider whether to continue the practice of having a Councilmember Chair, or whether BPAC should elect their own Chair from the seven members.
At the meeting on December 14, 2021, the Council voted to approve the following:
· Modify BPAC membership eligibility to require that applicants must be at least 18 years of age and live or work in the City.
· Reduce the number of BPAC members from the current maximum of nine members to seven members and phase in this change so no current member loses their position during the current term.
· Modify how BPAC members are interviewed and appointed similar to other Boards and Commissions by having Council interview applicants and make selections. · Remove the requirement that a Councilmember chair the BPAC and allow the BPAC to select its own chair in July 2025 once all members of the BPAC are comprised of those who were interviewed by Council.
· Direct staff to bring an ordinance and revised BPAC Policy Guidelines formalizing the BPAC for Council consideration
DISCUSSION
Based on the December 14, 2021 Council direction staff is bringing forward the updates to the City Code (enacted by ordinance) and the BPAC Policy Guidelines to align with all other Boards, Commissions, and Committees. Table 1 below summarizes the existing and proposed BPAC procedures.
Table 1. Existing and Proposed BPAC Procedures
Item Existing BPAC Reference Updated BPAC
Reference
Other Boards
Commissions,
Committees
Purpose and
Membership
BPAC Policy Guidelines City Code Chapter
2.120
City Code Chapter
2.120
Membership term
and meeting rules
BPAC Policy Guidelines City Charter and
Policy Guidelines
City Charter and
Policy Guidelines
Membership
appointment
Public Works solicits
applications, BPAC
interviews applicants and
recommends
appointments to Council
City Clerk
procedures and
Council interviews
and appoints
applicants
City Clerk
procedures and
Council interviews
and appoints
applicants
City of Santa Clara Printed on 3/17/2022Page 2 of 4
powered by Legistar™
22-1777 Agenda Date: 3/22/2022
The Ordinance (Attachment 2) amends City Code Chapter 2.120 Boards and Commissions and will establish the existence, purpose, and membership of the BPAC. Including the BPAC within the City Code will make it consistent with how other Boards, Commissions, and Committees have been established. The Ordinance will establish BPAC membership eligibility to require that applicants must be at least 18 years of age and live or work in the City as well as reduce the number of BPAC members from the current maximum of nine members to seven members.
The proposed Ordinance will establish changes over time to the BPAC structure with the ultimate goal of setting BPAC membership at 7 members and phasing out the Council Member position by July 1, 2025. Effective immediately, the Ordinance will establish BPAC’s purpose and permit individuals 18 years of age or older who are either residents or employed in the City to serve. In addition, the Ordinance delineates how BPAC members will be appointed through 2025 such that only seven (7) members will be appointed.
For example: Three members appointed in December of 2019 shall have a term of office expiring on June 30, 2023 and such 3 members will be filled by the Council; two members appointed in December 2020 will have a term of office expiring on June 30, 2024 and such two members shall be filled by the Council; and the three members appointed in December 2021 will have a term of office expiring on June 30, 2025 and only two members will be filled by Council.
Effective July 1, 2025, the BPAC will transition into its final form of 7 members appointed by the City Council.
The changes to the BPAC Policy Guidelines (Attachment 3 and Attachment 4) will modify procedures to follow membership terms and meeting rules established within the City Charter, to follow the City Clerk’s procedures to appoint members, and have Council interview applicants and make selections.
The revised BPAC Policy Guidelines will also phase in the change from nine members to seven members so no current member loses their position during the current term, remove the requirement that a Councilmember chair the BPAC, and allow the BPAC to select its own chair in July 2025 once all members of the BPAC are comprised of those who were interviewed by Council.
In summary, the ordinance, and changes to the BPAC Policy Guidelines will formalize the BPAC and implement recommendations approved by Council at the December 14, 2021 meeting.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact with the adoption of this ordinance or changes to the policy guidelines.
COORDINATION
This report was coordinated with the City Manager’s Office, City Attorney’s Office, and City Clerk’s Office.
City of Santa Clara Printed on 3/17/2022Page 3 of 4
powered by Legistar™
22-1777 Agenda Date: 3/22/2022
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .
RECOMMENDATION
1. Waive First Reading and Introduce an Ordinance of the City of Santa Clara, California, Defining the Composition of the Membership of the Bicycle and Pedestrian Advisory Committee and the Scope of the Bicycle and Pedestrian Advisory Committee’s Jurisdiction, Adding a New Section
2.120.170 (“Bicycle and Pedestrian Advisory Committee”) and Amending Section 2.120.010 (Names, Membership, Qualifications, and Terms of Office”) of Chapter 2.120 (“Boards and Commissions”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California”; and
2. Adopt Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: City Manager’s Office
ATTACHMENTS
1. Bicycle and Pedestrian Advisory Committee Policy Guidelines, adopted March 25, 2014
2. Ordinance
3. Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines (with redlines)
4. Changes to the Bicycle and Pedestrian Advisory Committee Policy Guidelines (clean) City of Santa Clara Printed on 3/17/2022Page 4 of 4
powered by Legistar™
City of Santa Clara
Bicycle and Pedestrian Advisory Committee
Policy Guidelines
The Bicycle Advisory Committee (BAC) was established by the Santa Clara City Council on May 28, 1991. On March 25, 2014 the Bicycle Advisory Committee was changed to the Bicycle and Pedestrian Advisory Committee (BPAC) by the Santa Clara City Council.
Section 1. Purpose
The purpose of the BPAC is to serve as an advisory body to the City Council on matters relative to modifying or expanding the City’s public recreational and commuter bikeway and pedestrian walkway system. Its intent shall be to encourage recreational and commuter bicycling and walking in the City by promoting safe, convenient, well-designed facilities, and by evaluating local bicycle and pedestrian related projects.
Section 2. Membership
The BPAC is comprised of nine (9) regular members as appointed by the City Council. The Chairperson or alternate will be the Mayor or Councilperson designated by City Council and shall be considered a member. The remaining eight (8) members shall be citizens at large with a representative from the following groups strongly encouraged to be members: Santa Clara Unified School District and the Silicon Valley Bicycle Coalition. BPAC members must either reside or work in the City of Santa Clara.
Section 3. Term of Office and Removal
The term of office for BPAC members will be three years.
Members may be re-appointed but will be considered along with all other new applicants.
To allow for staggered terms, 2 members appointed by City Council in November of 2011 will have a term of office expiring on December 31, 2014, 3 members appointed in November of 2012 will have a term of office expiring on December 31, 2015, and 3 members appointed on November of 2013 will have a term of office expiring on December 31, 2016.
1 \\VSRVFSPROD01\DEPT\ENGINEERING\ENGINEERING\6-TED\BIKE & PED\BPAC\BPAC BY LAWS & VOTING PROCEDURES\BAC POLICY GUIDELINES REV 03-25-14(FINAL).DOC ATTACHMENT 1, EXISTING BPAC POLICY GUIDELINES
Any members of the BPAC may be removed from office by a majority vote of the City Council at a regularly scheduled Council meeting.
Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term, of the member being replaced, in the same manner as the original appointment.
Section 5. Meetings
The BPAC shall hold meetings on the third Wednesday in January, March, June, August and October at 4:00 p.m. at City Hall. The actual date of meeting can be changed or additional meetings can be approved by a quorum of the committee.
All meetings shall be open to the public and notices and agendas shall be posted at City Hall as required by law.
Section 6. Quorum
Any five members shall constitute a quorum for voting on action items.
Section 7. Voting
Only the appointed BPAC members have voting authority. The committee shall determine the voting procedure for items prior to voting.
Section 8. Duties of BPAC to be Advisory Only
It is intended that the BPAC shall be an advisory committee to the City Council.
Nothing herein contained shall be construed as a limitation on the power of the City Council or the administrative staff of the City in their supervision or authority over property or personnel, which are under their jurisdictions.
Section 9. Assistance of Staff
The City Manager of the City of Santa Clara shall provide the BPAC with information and staff assistance but the BPAC’s requests may from time to time be prioritized subject to staff limitations. The City Manager has appointed the Director of Public Works and the Chief of Police or their designees to staff the BPAC.
2 \\VSRVFSPROD01\DEPT\ENGINEERING\ENGINEERING\6-TED\BIKE & PED\BPAC\BPAC BY LAWS & VOTING PROCEDURES\BAC POLICY GUIDELINES REV 03-25-14(FINAL).DOC Section 10. Code of Ethics and Values
The City of Santa Clara adopted a Code of Ethics and Values to provide clear, positive statements of ethical behavior reflecting the core values of the community. The actions and words of members of City's boards, commissions and committees should represent the community's values: ethical, professional, service-oriented, fiscally responsible, organized, communicative, collaborative, and progressive.
Section 11. Amendments
These guidelines may be amended by a quorum of the BPAC membership at any legal BPAC meeting, subject to approval by City Council.
PASSED AND RECOMMENDED FOR ADOPTION by the Bicycle Advisory Committee this 29 day of January, 2014.
PASSED AND ADOPTED by the Santa Clara City Council this 25 day of March, 2014.
3 \\VSRVFSPROD01\DEPT\ENGINEERING\ENGINEERING\6-TED\BIKE & PED\BPAC\BPAC BY LAWS & VOTING PROCEDURES\BAC POLICY GUIDELINES REV 03-25-14(FINAL).DOC Ordinance/Formalization of Bicycle and Pedestrian Advisory Committee Page 1 of 4 Rev: 09/2019
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA ,
CALIFORNIA, DEFINING THE COMPOSITION OF THE
MEMBERSHIP OF THE BICYCLE AND PEDESTRIAN
ADVISORY COMMITTEE AND THE SCOPE OF THE
BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE’S
JURISDICTION, ADDING A NEW SECTION 2.120.1 70
(“BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE”)
AND AMENDING SECTION 2.120.010 (“NAMES,
MEMBERSHIP, QUALIFICATIONS, AND TERMS OF
OFFICE”) OF CHAPTER 2.120 (“BOARDS A ND
COMMISSIONS”) OF TITLE 2 (“ADMINISTRATION AND
PERSONNEL”) OF “THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA”
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, at the May 22, 1991 City Council meeting, the Council approved a Citizens Committee on Bicycles known as the Bicycle Advisory Committee; WHEREAS, at the February 28, 2006 City Council meeting, the Council approved a Policy Statement for the Bicycle Advisory Committee;
WHEREAS, at the March 4, 2014 City Council meeting, the Council approved to change the Committee to the Bicycle and Pedestrian Advisory Committee (BPAC) and related policy guidelines;
WHEREAS, at the September 14, 2020 Governance and Ethics Committee meeting, the Committee directed staff to bring back a recommendation on formalizing the BPAC that reflects the input of both the Committee and BPAC members; WHEREAS, at the January 25, 2021 BPAC meeting, the Committee discussed the responsibilities and unanimously voted in support of amending the City Code to formalize the BPAC;
WHEREAS, at the March 29, 202 1 Governance and Ethics Committee meeting , the Ordinance/Formalization of Bicycle and Pedestrian Advisory Committee Page 2 of 4 Rev: 09/2019
Committee recommended that the City Council consider an Ordinance that clearly sets forth the composition of the membership of the BPAC and the scope of the BPAC’s jurisdiction; and
WHEREAS, at the December 14, 2021 City Council meeting, the Council directed staff to bring back an Ordinance and revised policy guidelines that clearly sets forth the composition of the membership of the BPAC and the scope of the BPAC’s jurisdiction.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA C LARA AS FOLLOWS:
SECTION 1: The Bicycle and Pedestrian Advisory Committee shall consist of nine (9) members until July 1, 2025. Eight (8) members shall not hold any paid or employment in the City Government and one member is a Council Member serving as Chair. All members of the Bicycle and Pedestrian Advisory Committee shall be 18 years of age or older and residents of, or employed within, the City. The Bicycle and Pedestrian Advisory Committee shall have the following powers, functions, and duties:
(a) Act in an advisory capacity to Council on matters pertaining to modifying, expanding, and maintaining the City’s public bicycle and pedestrian transportation systems.
(b) Recommend to Council on the priority of bicycle and pedestrian projects for which the City will seek funding under Article 3 of the Transportation Development Act, and other state, federal, and local funding programs.
(c) Review and advise Council on comprehensive bicycle and pedestrian master plans.
(d) Recommend complete streets features be incorporated into relevant transportation Ordinance/Formalization of Bicycle and Pedestrian Advisory Committee Page 3 of 4 Rev: 09/2019
projects consistent with the City’s Complete Streets policy. (e) Support educational, encouragement, recreational, and cultural activities for bicyclists and pedestrians.
This section shall remain in effect only until July 1, 2025, and as of that date is repealed.
SECTION 2: Changes to the structure of the Bicycle and Pedestrian Advisory Committee membership shall be phased in as follows to achieve seven (7) members by July 1, 2025:
(a) Three (3) members appointed in December of 2019 shall have a term of office expiring on June 30, 2023. Said three (3) vacancies shall be filled by Council appointment. (b) Two (2) members appointed in December of 2020 will have a term of office expiring on June 30, 2024. Said (2) vacancies shall be filled by Council appointment. (c) Three (3) members appointed in December of 2021 will have a term of office expiring on June 30, 2025. Of the three (3) member positions only two (2) shall be filled by Council appointment.
(d) Any vacancies from whatever cause arising, shall be filled by appointment of the City Council. Such vacancy shall be for the unexpired portion of a term.
This section shall remain in effect only until July 1, 2025, and as of that date is repealed.
SECTION 3: Section 2.120.010 (entitled "Names, membership, qualifications and terms of of fice") of Chapter 2.120 (entitled "Boards and Commissions") of Title 2 (entitled "Administration and Personnel") of "The Code of the City of Santa Clara, California" ("SCCC") is amended to read as follows:
“2.120.010 Names, membership, qualifications and terms of office.
There shall be and there is established within the City the following boards, commissions, and committees:
Ordinance/Formalization of Bicycle and Pedestrian Advisory Committee Page 4 of 4 Rev: 09/2019
(a) Planning Commission. (SCCC 2.120.050)
(b) Parks and Recreation Commission. (SCCC 2.120.060)
(c) Civil Service Commission. (SCCC 2.120.070)
(d) Board of Library Trustees. (SCCC 2.120.080)
(e) Historical and Landmarks Commission. (SCCC 2.120.100) (f) Senior Advisory Commission. (SCCC 2.120.110)
(g) Youth Commission. (SCCC 2.120.130)
(h) Cultural Commission. (SCCC 2.120.140)
(i) International Exchange Commission. (SCCC 2.120.150) (i) Housing Commission. (SCCC 2.120.160)
(i) Bicycle and Pedestrian Advisory Committee. (SCCC 2.120.170) All members of boards, commissions, and committees, except for members of the Youth Commission and Bicycle and Pedestrian Advisory Committee, shall be 18 years of age or older and residents of the City. All members of boards and commissions established by City Charter (i.e., Planning Commission, Parks and Recreation Commission, Civil Service Commission and Board of Library Trustees) shall also be qualified electors of the City.
SECTION 4: Section 2.120.170 is added to Chapter 2.120 (entitled “Boards and Commissions”) of Title 2 (entitled “Administration and Personnel” ) of “The Code of the City of Santa Clara, California” to read as follows:
“2.120.170 Bicycle and Pedestrian Advisory Committee.
The Bicycle and Pedestrian Advisory Committee shall consist of seven (7) members.
Members shall not hold any paid office or employment in the City. All members of the Ordinance/Formalization of Bicycle and Pedestrian Advisory Committee Page 5 of 4 Rev: 09/2019
Bicycle and Pedestrian Advisory Committee shall be 18 years of age or older and residents of, or employed within, the City. The Bicycle and Pedestrian Advisory Committee shall have the following powers, functions, and duties:
(a) Act in an advisory capacity to Council on matters pertaining to modifying, expanding, and maintaining the City’s public bicycle and pedestrian transportation systems.
(b) Recommend to Council on the priority of bicycle and pedestrian projects for which the City will seek fun ding under Article 3 of the Transportation Development Act, and other state, federal, and local funding programs.
(c) Review and advise Council on comprehensive bicycle and pedestrian master plans.
(d) Recommend complete streets features be incorporated in to relevant transportation projects consistent with the City’s Complete Streets policy. (e) Support educational, encouragement, recreational, and cultural activities for bicyclists and pedestrians.
Effective Date: The ordinance codified in this Section 2.120.170 shall take effect on July 1, 2025.”
SECTION 5: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
SECTION 6: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any Ordinance/Formalization of Bicycle and Pedestrian Advisory Committee Page 6 of 4 Rev: 09/2019
prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 7: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.”
PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 2022, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST:
___________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None