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 June 10, 2019 and terminate on December 31, 2023.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A Time is of the essence.
A All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.
4. REMEDY OF DEFECTS
The 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 respond to the documented requests from the City to correct defective services, City may make corrections to 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 professional in the same discipline in the State of California.
Agreement with Bellecci
Rev. 07-01-18
6. COMPENSATION AND PAYMENT
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 eighty-six thousand, one hundred fifty-three dollars ($86,153), 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 under any circumstance.
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.
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.
Agreement with Bellecci
Rev. 07-01-18
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, 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 Agreement with Bellecci
Rev. 07-01-18
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
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, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.
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: Department of Electric Utility
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
Bellecci & Associates, Inc.
Attention: Daniel Leary
7077 Koll Center Parkway, Suite 210
Pleasanton, CA 94566
Agreement with Bellecci
Rev. 07-01-18
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 read and agrees to comply with City's Ethical Standards (http:/ Isa nta cla ra ca.gov/ho me/sh owd ocu ment? 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 Agreement with Bellecci
Rev. 07-01-18
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 Bellecci
Rev. 07-01-18
Page?
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: Dated: (o -\C\ · \<=\
o~ fA'NTANA
City Manager
~~
City Attorney
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
BELLECCI & ASSOCIATES, INC.
a California corporation
Dated: 5 -Z 8 - IC}
By (Signature): Mc~ .. --<~
Name: Frank C. Bellecci
Title: President
Principal Place of 2290 Diamond Blvd., Suite 100
Business Address: Concord , CA 94520
Email Address: [email protected]
Telephone: (925) 685-4569
Agreement with Bellecci
Rev. 07-01-18
Fax:
"CONTRACTOR "
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
Project Description
The City of Santa Clara, Silicon Valley Power (SVP) is undertaking improvement work located on the City's off-site property at 2313 Lopes Road, Benicia, CA, known as the "Benicia Ranch". The Benicia property is owned and maintained by the City for the purpose of future energy production. The Property was used as a dairy before the City acquired it. This Project will include existing structure demolition and site utility lateral stub out improvements.
The following structures will be demolished on the Project. • Caretakers Dwelling
The Caretakers Dwelling structure (a 2500 SF single-family home and basement) is to be demolished. The Caretaker Dwelling is assumed to be of no historical value.
• Milk House and Garage Demolition
The Property contains two structures that have reached the end of their service life and must be demolished. The first structure is an old cattle milking parlor that has developed a large vertical crack in its cement/cinder block walls that are visible in the front and back making the structure structurally unsound. The second structure is a detached garage that has a cracked foundation. The Milking Parlor acts as a hub for the electrical distribution for the Property.
Part of the demolition plans, prepared by the Civil Engineering Prime, will need to include the selection of a utility shed for this hub to be relocated.
1. Demolition of Structures
A. Service:
• One field site visit by an Engineer, including travel B. Deliverables:
• Demolition plans
• Utility shed plans
• Existing structural conditions narrative
Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
2. Well Evaluation - Lordorff & Scalmanini (LSCE)
A. Services:
• LSCE will evaluate the condition, yield, and water quality of the subject well at Benicia Ranch. It is assumed that the pump is operational and that power is available to run the pump. LSCE will review available State of California Water Well Drillers Completion Reports to determine the construction details of the well.
• LSCE will perform visual inspection of the well head, discharge assembly, well seal, and well pad.
• LSCE will perform a minimum two-hour pump test. During the test, water levels and flowrate will be collected. Water levels will be plotted on a hydrograph and used to calculate yield and 24-hour specific capacity. • LSCE will collect and submit water samples for Title 22 general physical, general mineral, and drinking water metals analysis.
• The home inspection report says there is no power to the well. Based on this, LSCE will provide temporary power via a generator and install temporary wiring to turn on the pump in order to make a condition evaluation.
B. Deliverable
• LSCE will submit a PDF report detailing the findings and results of the well evaluation and the fitness of the well for domestic supply. The report will also include recommendations of well repair or modification as warranted.
3. Electrical Engineering - SEMCO Consultants (SEMCO)
A. Services
• SEMCO will perform demolition of existing load and PG&E service relocation at the Benicia Ranch.
• SEMCO will perform a field verification of existing electrical as built conditions.
• SEMCO will review the existing building load connected to the system. • SEMCO will prepare demolition drawings for the existing electrical system based on the site visit findings.
o Design Relocation of PG&E Service.
o Complete PG&E application.
Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
o Design site layout plan and PG&E load requirement sheet. o Design new Service Panel for existing load re-connection.
B. Deliverables:
• Drawings submittal in PDF format, 90%
• stamped drawings submittal in PDF format, 100%
C. Assumptions, Clarifications and Exclusions:
• One (1) site visit is included.
• Bellecci & Associates to provide ACAD backgrounds.
• Arc Flash, Short Circuit and Relay Coordination are not included in the scope of this Project.
• PG&E relocation fees is not included in the scope of work. • Detail design of the site loads is not included in the scope of work.
4. Asbestos Evaluation - Van Brundt
A. Services:
• Van Brundt will provide a Building Inspection, Sampling and Report and Laboratory Testing and Evaluation to determine if abatement work will be required prior to any demolition work being performed.
• Van Brundt tests and samples will include 40 PLM/Lead samples, bulk 4 PCB samples and 5 bulk concrete samples).
B. Deliverable(s):
• Van Brundt will provide a written inspection report identifying sample locations and hazardous materials that could impact the planned work. The report will detail our inspection findings, list hazardous materials present, and provide required actions to abate, remove, or stabilize the materials. Attachments to this report will include laboratory reports, COCs, and sample location plans.
Van Brundt will also provide CADD abatement drawings and a bid information sheet. CADD drawings will show where hazardous materials are recommended or required for removal and will be used for abatement contractor bidding purposes. Based on the inspection finding they will also generate a hazardous materials cost estimate and man-power loaded schedule for the abatement for budgetary and scheduling purposes.
Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
• Abatement Project Design and Drawings
• Cost Estimates and Schedules
• Abatement Bidding Assistance
• Oversight and Air Monitoring during Abatement (includes 2 TEM area air samples per shift)
• Clearance Air Monitoring (includes 3 TEM samples per contained work area)
5. Civil Engineering/Base Mapping/Project Management - Bellecci & Associates A. Services:
• Aerial Base map
• Project management of the design team
• Regular Project meetings (either in-person or by conference call) • Overall Site layout plan and cover sheet
• Combined Technical specifications
• Project schedule updates at each submittal
• Combined construction cost estimates
• Grading and backfill requirements at demolished buildings for positive surface drainage. Wet utilities stubs plan
• Demolition plans
• The following information will be noted on the final design:
o At least 50%, or more if required by local law, of the waste generated through the demolition process must be diverted from landfills and recycled, either in the project or offsite.
o All debris and waste generated through the demolition process shall be removed from the Property unless recycled for use in the Project. • A presentation of the plan set to City personnel before Bid set • Coordinate with SVP and subconsultants to research permits required and provide a list of the known permits
Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
Page4
• Erosion Control plans
• Specifications for SWPPP to be completed by Contractor • After the initial submittal to the Solano County Planning Department, the Planning Department will generate a comment letter addressed to the design team that is typically several pages of conditions of approval. The conditions of approval may include items of work not anticipated in the contract scope of work, such as: off-site improvements, added engineering studies (traffic, drainage, etc), and added exhibits. It is understood and agreed by both parties that all of items which may be requested by the permitting agency on a land development project cannot be anticipated during the proposal phase of the project. The scope of work prepared contains the items of work that would be typically required for a residential building project on a large rural parcel, and with enough detail that the plans can be stamped by the California Licensed engineer on the design.
6. Design Service during Construction
The Architect will provide construction support services as needed on a time and materials basis up to the amount included in the attached Fee Schedule. This task includes visits to the site by Engineer's Project Representative at intervals appropriate to the stage of the Work or as otherwise agreed by SVP and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine, in general, if the Work when completed will be in accordance with Contract Documents. Architect disclaims any and all responsibility for the Contractor's work product and quality of work. Hours will be tracked and communicated to the Client to track the support services budget.
A. Examples of Construction Support Services:
• Attend Pre-Construction Meeting
• Construction Meetings
• Construction Observation & Reports
• Respond to Contractor's Requests for Information (RFI) • Bulletins/ Supplemental Instructions
• Review Contractor's submittals, including Shop Drawings, data for general compliance with Construction
• Conference Calls
Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
• Review of test reports, special inspection reports, & design verification reports as required by building officials
• The above services are assumed to be 32 hours of services, which is typical for a small demolition project in a rural setting.
B. Examples of Civil Engineering Support Service:
• The civil engineering support requirements are expected to be minor and services will be provided on a time & materials basis up to the budget included into the spreadsheet, up to 8 hours
C. Examples of Deliverables:
• Review Contractor's submittals, including Shop Drawings and product data for general compliance with Construction Documents as required • Respond to Contractor's Requests for Information (RFI) • Punch list Visit and Report
D. Excluded Services:
• On-Site Full Time Project Representation
• Materials Testing and Inspection Services (contracted directly to SVP) Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
Page6
ID
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SVP - BENICIA RANCH DEMOLITION and NEW DWELLING PROJECT Project Schedule
Task Name Duration
NTP 1 day
Mapping, Preliminary Engineering & Studies/Reports 14 weeks Final Design 12 weeks
Advertise 4 weeks
Award and NTP 6 weeks
Construction 10 weeks
Agreement with Bellecci/Exhibit A-Scope of Services
Rev. 07-01-18
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.
@Bellecci & Associates
TIME AND MATERIALS HOURLY RA TE SCHEDULE
EFFECTIVE TO DEC EMBER 31, 2019
ENGINEERING & PLANNING SERVICES
Principal
Project Manager
Construction Manager
Professional Engineer
Senior Engineer
Design Engineer/Associate Engineer/Project Engineer
Senior Public Works Inspector
Assistant Engineer
Public Works Inspector
Engineering/Surveying Technician
Clerical
LAND SURVEYING SERVICES
Professional Land Surveyor
Survey Coordinator
Survey Technician
Flag Person
1-Man Survey Crew
2-Man Survey Paiiy
3-Man Survey Paiiy
LEGAL AND EXPERT SERVICES
Depositions and Trial Testimony
REIMBURSABLE EXPENSES
Mileage (per current IRS reimbursement rate)
In House Printing: Bond .............................................. ..
Mylar ............................................... .
Large Format Color Presentation ................ .
Agreement with Bellecci/Exhibit B-Schedule of Fees
Rev. 07-01-18
$0.20/sf
$5.00/sf
$2.50/sf
$ 240
$ 206
$ 206
$ 198
$ 174
$ 156
$ 150
$ 146
$ 128
$ 138
$ 74
$ 206
$ 170
$ 138
$ 94
$ 198
$ 278
$ 358
$ 325
Color Copies - 8.5" x 11 ".............. .... . .. . . . . . $ 1.00/ea -ll"x17" .............................. $1.90/ea
Outside Printing & Delive1y Services: Cost+ 10%
Subcontractors: Cost + 10%
Overtime work will be charged at 135% of the standard hourly rates, however, no overtime will be charged without prior authorization by the client.
II
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3 4
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15 Silicon Valley Power - Benicia Ranch Demolition & Utility Services Project Final Design• Construction Documents and Construction Support Bellecci Team Budget • updated March 2019 rev 11
Bellecci Ware Van Brunt Luhdorff &
Associates Scalmanini
Civil Structural Well Eval /
Task Engineering & Engineering Asbestos Mech
PM Engineers
Demo Caretakers House $7,000 $3,000
Asbestos Evaluation/Report $4,078
Asbestos Plans $2,000
Well Evaluation $6,250
Utility Shed Design
Garage Demolition Design $3,000
Milk House Demolition Design $6,000
Site Civil Design/Specifications $25,000
Project Management $5,500
Base Mapping $4,000
WARE: Bid and Construction Support (T&M Allow) $1,000
Bellecci Construction Support (T&M Allow) $6,500
Subconsultant Contingency (20%) $800 $1,216 $1,250
Printing & Delivery (allowance) $1,000
Sub Mark-up (10%) $480 $729 $750
SUBTOTAL $58,000 $5,280 $8,023 $8,250
Total Basic Services $86,153
Semco
Electrical
Engineers
$5,000
$1,000
$600
$6,600
.-t note actual districbutlan of contingency to districbution of effott to vary dueing the project devtfopment proce1s Agreement with Bellecci/Exhibit B-Schedule of Fees
Rev. 07-01-18
Task Total
$10,000
$4,078
$2,000
$6,250
$5,000
$3,000
$6,000
$25,000
$5,500
$4,000
$1,000
$6,500
$4,266
$1,000
$2,559
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
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 Consultant; 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 Consultant 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 Agreement with Bellecci/Exhibit C-lnsurance Requirements Rev. 07-01-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
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, Consultant and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) 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 Consultant 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. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. 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.
Agreement with Bellecci/Exhibit C-lnsurance Requirements Rev. 07-01-18
Page2
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 Consultant'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 Consultant 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 Consultant's insurance.
3. 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 E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant 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 Consultant, provide the same minimum Agreement with Bellecci/Exhibit C-lnsurance Requirements Rev. 07-01-18
insurance coverage required of Consultant, except as with respect to limits. Consultant 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. Consultant 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. Consultant 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 Consultant 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.
3. The City reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, 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. Consultant 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.
H. EVIDENCE OF COMPLIANCE
Consultant 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, Consultant 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 - Department of Electric Utility
P.O. Box 100085- S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Agreement with Bellecci/Exhibit C-lnsurance Requirements Rev. 07-01-18
Page4
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant 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 Bellecci/Exhibit C-lnsurance Requirements Rev. 07-01-18
BLUE ROUTE SHEET - CITY COUNCIL APPROVAL NOT REQUIRED
J. Shelton/D. Shiles
From/Department Originating: ELECTRIC
Dept. Contract Extension Code: ENG
Date Submitted: 11/8/2019 Return To: (S . Laughlin) _____,_ _ _,,~ ~----- -------
(1) Indicate signature authority :
IZ! City Manager Signature Authority per Ordinance 1941 (CC Action-June 16, 2015) [Electric, Water and Sewer Service Agreements with a Value of$150,000 or Less] □
□
□
□
□
City Manager Signature Authority per Ordinance 1941 (CC Action - June 16, 2015) [All Other Service Agreements with a Value of$100,000 or Less] · City Manager Signature Authority per Resolution 6603 (CC Action - July 13, 1999) [Miscellaneous Agreements including Confidentiality Agreements] City Manager Signature Authority per Resolution 5600 (CC Action- May 28, 1991) [Miscellaneous Agreements]
Chief of Police Signature Authority per Resolution 6000 (CC Action -April 4, 1995) [Miscellaneous Police Agreements]
Other:
(2) Document: Bellecci & Associates, Inc. -Amendment No. 1 to the Agreement for Services [NAME OF DOCUMENT AND CONTRACTOR/OTHER PARTY
(3) Insurance is in compliance per attached EBIX printout [NOTE: IF INSURANCE IS NOT IN COMPLIANCE, AGREEMENT WILL BE RETURNED AND NOT RO ED FOR CITY SIGNATURES] ~
(5) --~ FINANCE DEPARTMENT D Not 1 J P;icable L
Certified as to availability of funds: V'(_JLA_ _ -----------" .,-+----== --.... - ------ ------ [SIGNATURE]
[SIGNATURE]
Account Number to be charged: 091-1361-88010-0000 -0000-00000 -39000 a) Original Contract Amount/Change Order Contingency (include prior amendment(s if applicable · $ 86 153 [NOT TO EXCEED CONTRACT DOLLAR AMOUNT]
b) All Previous Change Order Amounts (if applicable):
$ _ ______ ___ _
c) Current Amendment/Change Order Amount (if applicable): /!, $ 29 868 [NOT TO EXCEED CONTRACT DOLLAR AMOUNT]
d) Total:$ 116 021 [(a), (b), and (c) for Agreements, or (b) and (c) for Change Orders] NOTE: AGREEMENTS OVER $100K/CHANGE ORDERS OVER THE CONTINGENCY REQUIRE COUNCIL APPROVAL (6) CITY ATTORNEY'S OFFICE
Approved as to form: ~~ Date: IJ/l3/l1 - ~,'----[C-1-TY-. -A-T-TO_~__,_,,__Y_/_'A_U_TH_ O_fil_ T_Y_C_O_UN_ S_EL_ ]_ _ _ r ' City Attorney's Office Assignment Number: A19.3054
(7) CITY CLERK'S OFFICE
Attached: __ 1._ ___ original(s) _____ copy(ies)
--- Transmit the attached original/ copy to contractor
_ _._,_ Fully executed original on file in City Clerk's Office \ 10 OOP\. N\D\\\ S\QT Date Processed by Clerk's Office: __.IC.L.l -_I_Y_-_/_1_,___ _ _ S:\Attomey\Blu e Route Sheet Form Rev. 9-1-15 - PRINT TWO -SIDED ON BLUE PAPER 1
CITY MANAGER REQUIRED INFORMATION
(1)
(2)
(3)
(4)
Scope of Services: [BRJEFLY SUMMARJZE THE SCOPE OF WORK/PURPOSE OF DOCUMENT] !Amendment No. 1 adds design services for a demolition project located on City's off-site property at 408 Dutchman Road, Chilcoat, CA. Bellecci & Associates, Inc. was selected through a formal RFP process; one bid was received.
Term of Agreement: June 10, 2019-December 31, 2023
[START DATE AND END DATE OF THE AGREEMENT/DOCUMENT]
ENDOR SELECTION PROCESS: Check the box that describes how you selected the vendor:
Note: The lnfonnal Selection Process Requires that at least three Contractors/V enders are solicited for a quotation by any means available. The Formal Selection Process requires that at least three written competitive proposals are obtained. Award decisions for service contracts exceeding $50,000 that are not awarded to the lowest bidder shall be maintained as part of the record of transaction (completion plus 5 years). Records of solicitation must be maintained as part of the record of transaction (2 years).
Informal Selection Process
Selection Process for Agreements with a value of$50,000 or less Selection Process for Electric, Water or Sewer Utility ;:,,i=,,n-vu,..,,u,~ with a value of$150,000 or less Selection Process for Agreements with a value over $50,000 for City Departments excluding Electric, Water or Sewer Utilities
OTHER:
IDSTORY:
Has the department retained the same contractor for similar services in last 5 years? YES [If yes, complete following] IZ! NO [If no, no further infonnat.ion required] Term of Agreement: -------[S_T_AR_T_D_A_T_E_AN_D-END--D-A_T_E_O_F_T_H_E_A_G_RE_E_ME_N_,,T_ID_o"""c---U,-ME---,-N .... T=]------ Contract Amount: $
CMOUSEONLY
S:\Attomey\Blue Route Sheet Form Rev. 9-1-15-PRINT TWO-SIDED ON BLUE PAPER 2 Ebix Insurance No. S200004113
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLICCI & ASSOCIATES, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Bellecci & Associates, 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 The Parties previously entered into an agreement entitled "Agreement for Design Services between the City of Santa Clara, California, and Bellecci & Associates, Inc.", dated June 19, 2019 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide design services for existing structure demolition and site utility lateral stub out improvements on City's off-site property at 2313 Lopes Road, Benicia, CA, and the Parties now wish to amend the Agreement to design services for a demolition project located on City's off-site property at 408 Dutchman Road, Chilcoat, CA
NOW, THEREFORE, the Parties agree as follows:
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 hundred sixteen thousand, twenty one dollars ($116,021), 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 under any circumstance.
Amendment No. 1 to Agreement/Bellecci
Rev. 08/28/2018
2. Exhibit A of the Agreement, entitled "Scope of Services" is amended to read as set forth in Revised Exhibit A, entitled "Scope of Services" attached hereto.
3. Exhibit B of the Agreement, entitled "Schedule of Fees" is amended to read as set forth in Revised Exhibit B, entitled "Schedule of Fees" Attached hereto.
4. Except as set forth herein, all other terms and conditions of the original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original 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 SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: / / · /4 -/9
8~ D~ J.'s2:NTANA
City Manager City Attorney
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-221 0
Fax: (408) 241-6771
BELLECCI & ASSOCIATES, INC.
a California corporation
Digitally signed by Daniel Leary
Dan I• e I Leary DN: cn=Daniel_Leary, o=B~llecci&Associates, au, ema1l::::[email protected], c=US
Dated: Date: 2019.11.0614:26:53 ·08'00'
By (Signature): November 6, 2019 - Bellecci & Assocaites Name: Daniel Leary
Title: Principal
Principal Place of 2290 Diamond Blvd. Suite 100
Business Address: Concord, CA 94520
Email Address: [email protected]
Telephone: (925) 685-4569
Fax: ( ~~----------------
Amendment No. 1 to Agreement/Bellecci
Rev. 08/28/2018
"CONTRACTOR"
REVISED EXHIBIT A
SCOPE OF SERVICES
The SeNices to be performed for the City by the Contractor under this Amendment No. 1 are set forth below.
Project Description
The City of Santa Clara, through its electric utility, Silicon Valley Power (SVP) is undertaking a demolition project located on the City's off-site property at 407 Dutchman Road, Chilcoat, CA. The property is owned by City and maintained by SVP. This Project will include existing structure demolition and stubbing out existing utilities. The project location and project limits are shown in Figure 1 and Figure 2.
Figure 1: Project Location Map
Amendment No. 1 to Agreement/Bellec ci/Exhibit A-Scope of Services Rev. 08/28/2018
Figure 2: Project Limit
BASIC SERVICES:
Project Management
Upon contract authorization, CONTRACTOR will be responsible for managing design team staff. The key project management tasks that will be implemented by CONTRACTOR include establishing and updating the project schedule, monitoring the project budget, scheduling with key parties, and subconsultant coordination.
CONTRACTOR will review available reference material and background information for the project site from the City.
Field Visit by Civil Engineer
CONTRACTOR will spend one and a half days, including travel time, to visit the site, assess the site conditions, collect photographs of the interiors and exteriors of the buildings, approximately measure the building exteriors, and record field notes. Also, the field engineer will note access obstructions such as low water crossings, low hanging trees, and other features that can affect the contractor's ability to perform the work efficiently . The gravel/earthen access road which is approximately 2 miles will be on the cover sheet at 200 scale or as appropriate to fit on the sheet. The entrance and gate will be enlarged in Google maps and shown on a separate enlargement along with some site photos of the entrance. No measurements or mapping are included at the entrance, as the Contractor is required to make a site visit as part of the bidding. The Amendment No. 1 to Agreement/Bellecci/Exhibit A-Scope of Services Rev. 08/28/2018
data collected from the field visit will be used to prepare the project base map as described below.
The entry gate will remain locked during the site visit. Prior to the site visit, the City will provide the key to the locked gate.
Base Mapping
CONTRACTOR will prepare a project base map to serve as a CAD base drawing for conceptual design and subsequent construction documents. The base map will be a combination of an on-line aerial photograph adjusted with linework in CAD based on the field review measurements and photographs collected.
• Deliverable(s): Base Map in a PDF format
Asbestos Evaluation/ Report - EES
SUBCONSUL TANT EES (Ezgo Environmental Services) is a firm with a Certified Asbestos Consultant in California who will provide an inspection report, sampling, laboratory testing, analysis, location maps, and a field evaluation to determine if abatement work will be required prior to the demolition work being performed by the demolition contractor during construction. Tests and samples will include 25 asbestos samples, 1 O lead samples, and 4 PCB samples with corresponding analysis. EES will also perform PLM point counting for asbestos samples less than 1%, if necessary. A hazardous materials checklist will also be included.
EES finds 25 asbestos bulk samples, 10 lead bulk samples and 4 PCB bulk samples and point counting of asbestos samples less than 1 %, adequate for the size of the project located at 407 Dutchman Rd, residential demolition project. EES further agrees an environmental assessment report in .PDF format consisting of an asbestos inspection, lead inspection, PCB inspection and household hazardous materials evaluation will be adequate prior to demolition of the structures on-site. • Deliverable(s): Report in a PDF format
Asbestos Plans and Cost Estimate - EES
Should hazardous materials be found on-site EES will prepare an abatement scope for a licensed abatement contractor to remove these materials whether they are building materials or loose hazardous household materials on the subject site prior to demolition activities being performed. EES will prepare drawings to show where hazardous materials are required or recommended to be removed for bidding purposes. EES will also prepare a cost estimate for the abatement and disposal of any hazardous materials.
• Deliverable(s): Electronic files in a PDF and Excel spreadsheet format Amendment No. 1 to Agreement/Bellecci/Exhibit A-Scope of Services Rev. 08/28/2018
Draft Plans & Technical Specifications
CONTRACTOR will prepare a demolition plan for the structures within the limits shown on Figure 2. The structures will be outlined and field measured with approximate dimensions. The specifications will include photographs of the interior and exterior of the buildings (two or four photos per page as appropriate). The plans or specifications will include a photograph index of the location of the photos included in the specifications. Photos will also be shown of the access road so the bidders are aware of the site ingress and egress conditions, along with the gate on the main road. The plans and specifications shall include requirements in regards to disposal of recyclable materials from demolition as required by SVP. Each structure shown on the plan will be numbered with an approximate exterior square footage.
Included on the plans will be construction notes for: erosion control, site access and traffic control, mobilization, tree trimming (if needed), lump sum building demolition, lump sum asbestos abatement as described in the report, backfilling of excavated foundations, grading, and other items required to complete the demolition project. The plans are prepared with the assumption that the bidders are required to visit the site as part of the bidding process, and the bidders will be permitted to review the structures as part of the bid. Therefore, detailed floor plans are not needed. If record drawings are available of the structures, they will be included in the plans, along with a description.
The plans will show a standard detail for backfill of voids and holes after the completion of the excavation. The plans will also include stormwater protection devices which the contractor will implement during construction. These measures will be the minimum required stormwater protection that will be required for the contractor's prepared Water Pollution Control plan.
A construction cost estimate will be prepared for the items shown on the plans. The cost estimate will include approximately 10-15 lump sum items to breakdown the work required by the Contractor. Examples of items to be included on the cost estimate include erosion control, site access and traffic control, mobilization, tree trimming (if needed), lump sum building demolition, lump sum asbestos abatement as described in the report, backfilling of excavated foundations, grading, and other items required to complete the demolition project.
• Deliverable(s): Electronic files in a PDF and/or MS Word format and/or Excel spreadsheet format
Final Plans, Technical Specifications & Estimate (PS&E) CONTRACTOR will revise PS&E based on comments from City. CONTRACTOR will update the cost estimate and technical specifications based on comments from the City.
CONTRACTOR will issue Final Bid Drawings stamped and signed by a Professional Engineer.
Amendment No. 1 to Agreement/Bellecci/Exhibit A-Scope of Services Rev. 08/28/2018
We assume there are not required submittals to the local County and City Planning or Building Department. The scope of work prepared contains the items of work that would be typically required for a residential building demolition project on a large rural parcel, and with enough detail that the plans can be stamped by the California Licensed engineer on the design.
• Deliverable(s): Electronic files in a PDF and/or MS Word format
OPTIONAL SERVICES
OS 1 Construction Support (T&M Allow for Level 1)
CONTRACTOR will support the SVP construction management and the SVP inspection team during construction. With SVP Staff as the day-to-day office and field engineers for construction, Level 1 Construction Support is assumed to be intermittent support and will be performed as needed, not to exceed the budget included in the Contractor agreement budget sheet. At the request of the City, Bellecci can add additional support service hours beyond Level 1.
OS 2 Construction Site Visit
CONTRACTOR will conduct one site visit if requested by City.
OS 3 Office Meeting with SVP
CONTRACTOR will conduct 2 office meetings if requested by City.
OS 4 Printing & Delivery (allowance)
CONTRACTOR will print and deliver hard copies as requested by City. PDF submittals are basic services.
Amendment No. 1 to Agreement/Bellecci/Exhibit A-Scope of Services Rev. 08/28/2018
ID
1 2
3 4
5 6
SVP - DEMOLITION AT 407 DUTCHMAN ROAD PROJECT
Project Schedule
Task Name Duration
NTP 1 dav
Enqineer Site Review, Mapping, Draft submittal & Asbestos Reports 6 weeks Final Desiqn 3 weeks
Advertise 4 weeks
Award and NTP 6 weeks
Construction 5 weeks
Amendment No. 1 to Agreement/Bellecci/Exhibit A-Scope of Services Rev. 08/28/2018
Page6
REVISED 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.
#
1 2
3 4
5 6
7 8
9 10
11 #
OS1
OS2
OS3
OS4
OSS
Silicon Valley Power • 407 Dutchman Road Demolition Project Final Design • Con$truction Documents and Con$truction Support Bellecci Team Budget • updated August 28, 2019
Bellecci EES • Envir Services -
Vacaville
Task Civil Engineering & Asbestos Report PM
Engineer Site Visit I assessment I measurements I photos $2,740 (one each: 1.5 days senor engineer - truck - hotel - gas) Project Management $1,826
Base Mapping (from site visit and on-line aerial) $1,600 Asbestos Evaluation/Report/Plan $6,100
Civil/ Demolition Plan (1st submittal) $7,200
Cost Estimate (1st submittal) $300
Technical Specifications (1st submittal) $3,500
Plans, Tech Specifications, Estimate (Final submittal) $4,650 PDF Submittals $0
Subconsultant Contingency (20%) $1,220
Sub Mark-up (10%) $732
SUBTOTAL $21,816 $8,052
Total Basic Services $29,868
octuo} districbutlon districbutfon of effort to
Optional Services
Bellecci EES - Envir Services
Vacaville
Task Civil &PM Asbestos
Construction Support 1 (T&M Allow for Level 1) $2,000
Construction Support 2 (T&M Allow added to Level 1) $1,800 Construction Site Visit $2,740
Office Meeting with SVP during design $600
Printing & Delivery (per each) $200
Amendment No. 1 to Agreement/Bellecci/Exhibit B-Schedule of Fees Rev. 08/28/2018
Task Total
$2,740
$1,826
$1,600
$6,100
$7,200
$300
$3,500
$4,650
$0
$1,220
$732
Task Total
$2,000
$1,800
$2,740
$600
$200
EBIX Insurance No. S200004113
AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
BELLECCI & ASSOCIATES, INC.
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Bellecci & Associates, 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. The Parties previously entered into an agreement dated June 19, 2019, entitled "Agreement for Design Services between the City of Santa Clara, California, and Bellecci & Associates, Inc." to provide engineering design services for the demolition of buildings at the City's remote property located in Benicia, California (Benicia Project);
B. The Parties entered into Amendment No. 1 on November 19, 2019, to provide engineering design services for a demolition project located on City's remote property near Loyalton, California (Loyalton Demolition Project) C. The Parties desire to enter into this Amendment No 2 to include project and Construction Management (CM) services for the Benicia Project; and D. The Agreement and both amendments are collectively referred to herein as the "Agreement as Amended".
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement as Amended, 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 - Amended July 1, 2021, entitled "Compensation and Fee Schedule." The maximum compensation of this Agreement is One Hundred Seventy Thousand Dollars ($170,000), 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 a written amendment to this Agreement in advance of work being performed.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 1
2. Exhibit A - Scope of Services is amended to read as set forth in Exhibit A - Scope of Services Amended November 1, 2021.
3. Exhibit B - Schedule of Fees is amended to read as set forth in Exhibit B - Compensation and Fee Schedu le Amended November 1, 2021 .
4. Exhibit D - Labor Compliance Addendum attached and incorporated into this Agreement.
Except as set forth herein , all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 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: N~~~M&(Z._ O 2, io 7--\
IY\ac"I\, rv1 ~
Office of the City Attorney
City Attorney
'"~ EAN~A J. SANT~ NA
1-City Manager
"CITY "
1500 Warburton Avenue
Santa Clara , CA 95050
Telephone: (408) 615-221 0
Fax: (408) 241-6771
BELLECCI & ASSOCIATES, INC.
a California corporation
Dated: -ES~ ---+,,<=--f.+ [__-lrl--l--=+,~ · -=-"'-----'- ----7""'-/- -- By (Signature) :
Name: =D:a:n1:e1: L:ea: ry: ::: ================
Title: Principal
Principal Place of 2290 Diamond Blvd. , Suite 100
Business Address : Concord , CA 94520
Email Address: [email protected]
Telephone : (925) 685-4569
Amendmen t No. 2 to AgreemenUBellecci & Associates, Inc. Page 2 AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
EXHIBIT A - SCOPE OF SERVICE
AMENDED NOVEMBER 1, 2021
The Services to be performed for the City by the CONTRACTOR under this Agreement are more fully described in this Exhibit A CONTRACTOR will furnish labor, equipment and materials to perform the following work in accordance with industry standards and in compliance with all federal, state and local laws and regulations.
1. Benicia Project
1.1. Project Description: The City of Santa Clara, Silicon Valley Power (SVP) is undertaking improvement work located on the City's off-site property at 2313 Lopes Road, Benicia, CA, known as the "Benicia Ranch".
1.1.1. The Benicia property (Benicia Property) is owned and maintained by the City for the purpose of future energy production. The Benicia Property was used as a dairy before the City acquired it.
1.1.2. Benicia Project will include existing structure demolition and site utility lateral stub out improvements. The following structures will be demolished on the Benicia Property:
1.1.2.1. Caretakers Dwelling Demolition: The Caretakers Dwelling structure (a 2500 SF single-family home and basement) is to be demolished. The Caretaker Dwelling is assumed to be of no historical value.
1.1.2.2. 1.1.2.3.
Milk House and Garage Demolition: The Property contains two (2) structures that have reached the end of their service life and must be demolished. The first structure is an old cattle milking parlor that has developed a large vertical crack in its cement/cinder block walls that are visible in the front and back making the structure structurally unsound. The second
structure is a detached garage that has a cracked foundation.
The Milking Parlor acts as a hub for the electrical distribution for the Property.
A project schedule for the Benicia Project is attached as Exhibit A-1.
1.2. Benicia Project- Preliminary Design - Completed June 2020 Services to be performed
1.2.1. Preparation of demolition plans including selection of a utility shed for this hub to be relocated.
1.2.1.1. Services include one field site visit by an Engineer, including travel
Amendment No. 2 to Agreement/Be!lecci & Associates, Inc. Page3
1.2.1.2. Deliverables:
1.2.1.2.1. Demolition plans
1.2.1.2.2. Utility shed plans
1.2.1.2.3. Existing structural conditions narrative
1.2.2. 2' Well Evaluation -subcontracted to Luhdorff & Scalmanini (LSCE) - Completed May 2020
1.2.2.1. LSCE will evaluate the condition, yield, and water quality of the subject well at Benicia Ranch. It is assumed that the pump is operational and that power is available to run the pump.
LSCE will review available State of California Water Well Drillers Completion Reports to determine the construction details of the well.
1.2.2.2. 1.2.2.3.
1.2.2.4. 1.2.2.5.
LSCE will perform visual inspection of the well head, discharge assembly, well seal, and well pad.
LSCE will perform a minimum two-hour pump test. During the test, water levels and flowrate will be collected. Water levels will be plotted on a hydrograph and used to calculate yield and 24-hour specific capacity.
LSCE will collect and submit water samples for Title 22 general physical, general mineral, and drinking water metals analysis.
The home inspection report says there is no power to the well.
Based on this, LSCE will provide temporary power via a
generator and install temporary wiring to turn on the pump in order to make a condition evaluation.
1.2.2.6. Deliverable: LSCE will submit a PDF report detailing the findings and results of the well evaluation and the fitness of the well for domestic supply. The report will also include recommendations of well repair or modification as warranted.
1.2.3. Electrical Engineering- subcontracted to Pezzoni Electrical Consultants (Pezzoni) - Complete May 2020
Pezzoni will perform the following:
1.2.3.1. Engineering design of existing load and PG&E service relocation at the Benicia Ranch.
1.2.3.2. 1.2.3.3.
1.2.3.4. Field verification of existing electrical as built conditions.
Review of the existing building load connected to the system.
Preparation of demolition drawings for the existing electrical system based on the site visit findings.
1.2.3.5. Completion of design for relocation of PG&E Service.
Amendment No. 2 to AgreemenUBe11ecci & Associates, Inc. Page4
1.2.3.6. 1.2.3.7.
1.2.3.8. 1.2.3.9.
Completion of PG&E application.
Design of site layout plan and PG&E load requirement sheet.
Design of new Service Panel for existing load re-connection.
Deliverables:
1.2.3.9.1. Drawings submittal in PDF format, 90%
1.2.3.9.2. Stamped drawings submittal in PDF format, 100%
1.2.3.10. Assumptions, Clarifications and Exclusions:
1.2.3.10.1. One (1) site visit is included.
1.2.3.10.2. 1.2.3.10.3.
1.2.3.10.4. Bellecci & Associates to provide AutoCAD
(ACAD) backgrounds.
Arc Flash, Short Circuit and Relay Coordination
are not included in the scope of the Benicia
Project.
PG&E relocation fees is not included in the
scope of work.
1.2.3.10.5. Detail design of the site loads is not included in the scope of work.
1.2.4. Asbestos Evaluation - Complete [November 2019] subcontracted to Van Brund!
1.2.4.1. Services:
1.2.4.1.1. 1.2.4.1.2.
Van Brundt will provide a building inspection,
sampling and report and laboratory testing and
evaluation to determine if abatement work will be
required prior to any demolition work being
performed.
Van Brund! tests and samples will include forty
(40) Polarized Light Microscopy (PLM) / Lead
samples, bulk four (4) Polychlorinated Biphenyls
(PCB) samples and five (5) bulk concrete
samples).
1.2.4.2. Deliverable(s): Van Brund! will provide the following:
1.2.4.2.1. Written inspection report identifying sample locations and hazardous materials that could
impact the planned work. The report will detail
inspection findings, list hazardous materials
present, and provide required actions to abate,
remove, or stabilize the materials. Attachments
to this report will include laboratory reports,
Amendment No. 2 to Agreement/Bellecci & Associates, 1nc. Page 5
1.2.4.2.2. 1.2.4.2.3.
1.2.4.2.4. 1.2.4.2.5.
1.2.4.2.6. 1.2.4.2.7.
1.2.4.2.8. Chain of Custody (COG), and sample location
plans.
ACAD abatement drawings and a bid information
sheet. ACAD drawings will show where
hazardous materials are recommended or
required for removal and will be used for
Demolition Contractor bidding purposes.
Based on the inspection finding Van Brundt will
also generate a hazardous materials cost
estimate and man-power loaded schedule for the
abatement for budgetary anq scheduling
purposes.
Abatement Project Design and Drawings
Cost Estimates and Schedules
Abatement Bidding Assistance
Oversight and Air Monitoring during Abatement
(includes two [2] Transmission Electron
Microscopy (TEM) area air samples per shift)
Clearance Air Monitoring (includes three [3] TEM
samples per contained work area)
1.2.5. Civil Engineering/Base Mapping/Project Management Completed January 2021
Bellecci & Associates. Bellecci will provide the following services:
1.2.5.1. Aerial base map
1.2.5.2. Project management of the design team
1.2.5.3. Regular Project meetings (either in-person or by conference call)
1.2.5.4. Overall site layout plan and cover sheet
1.2.5.5. Combined technical specifications
1.2.5.6. Project schedule updates at each submittal
1.2.5.7. Combined construction cost estimates
1.2.5.8. Grading and backfill requirements at demolished buildings for positive surface drainage. Wet utilities stubs plan
1.2.5.9. Demolition plans. The following information will be noted on the final design:
1.2.5.9.1. At least 50%, or more if required by local law, of the waste generated through the demolition
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page6
1.2.5.9.2. 1.2.5.9.3.
1.2.5.9.4. process must be diverted from landfills and
recycled, either in the project or offsite.
All debris and waste generated through the
demolition process shall be removed from the
Property unless recycled for use in the Benicia
Project.
A presentation of the plan set to SVP personnel
before Bid set
Coordinate with SVP and sub consultants to
research permits required and provide a list of
the known permits
1.2.5.10. Erosion Control plans: Specifications for Storm Water Pollution Prevention Plan (SWPPP) to be completed by
CONTRACTOR
1.2.6. After the initial submittal to the Solano County Planning Department, the Planning Department will generate a comment letter addressed to the design team that is typically several pages of conditions of approval. The conditions of approval may include items of work not anticipated in the contract scope of work, such as: off-site improvements, added engineering studies (traffic, drainage, etc.), and added exhibits. It is understood and agreed by both parties that all of items which may be requested by the permitting agency on a land development project cannot be anticipated during the proposal phase of the project. The scope of work prepared contains the items of work that would be typically required for a residential building project on a large rural parcel, and with enough detail that the plans can be stamped by the California Licensed engineer on the design.
In the event that unanticipated additional work items are required, an Amendment to this Agreement shall be required in advance of starting work.
2. Loyalton Demolition Project:
2.1. Loyalton Demolition Project Description: SVP is undertaking a demolition project located on the City's remote property at 407 Dutchman Road, Chilcoat, CA (Loyalton Demolition Project).
2.1.1. The project location and project limits are shown in Exhibit A - 2 Attached (Figure 1 and Figure 2)
2.1.2. The property is owned by City and maintained by SVP. This Project will include existing structure demolition and stubbing out existing utilities.
2.1.3. A project schedule for the Loyalton Project is attached as Exhibit A-3.
2.2. Loyalton Demolition Project - Preliminary Engineering - Completed [January 2020]
Amendment No. 2 to AgreemenUBellecci & Associates, Inc. Page 7 Services to be performed
2.2.1. Project Management
2.2.1.1. Upon contract authorization, CONTRACTOR will be responsible for managing design team staff.
2.2.1.2. The key project management tasks that will be implemented by CONTRACTOR include establishing and updating the
project schedule, monitoring the project budget, scheduling with key parties, and sub consultant coordination.
2.2.1.3. CONTRACTOR will review available reference material and background information for the project site from the City.
2.2.2. Field Visit by Civil Engineer
2.2.2.1. CONTRACTOR will spend one and a half days, including travel time, to visit the site, assess the site conditions, collect photographs of the interiors and exteriors of the buildings, approximately measure the building exteriors, and record field notes.
2.2.2.2. 2.2.2.3.
Prior to the site visit, SVP will provide the key to the locked gate. CONTRACTOR shall assure that the entry gate remains locked during the site visit.
The field engineer will note access obstructions such as low water crossings, low hanging trees, and other features that can affect the Demolition Contractor's ability to perform the work efficiently.
2.2.2.4. The data collected from the field visit will be used to prepare the project base map as described below.
2.2.3. Base Mapping
2.2.3.1. CONTRACTOR will prepare a project base map to serve as an ACAD base drawing for conceptual design and subsequent
construction documents.
2.2.3.2. 2.2.3.3.
2.2.3.4. The base map will be a combination of an on-line aerial photograph adjusted with linework in ACAD based on the field review measurements and photographs collected.
The gravel/earthen access road which is approximately 2 miles will be on the cover sheet at 200 scale or as appropriate to fit on the sheet.
The entrance and gate will be enlarged in Google maps and shown on a separate enlargement along with some site photos of the entrance.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 8
2.2.3.5. 2.2.3.6.
2.2.3.7. No field measurements or aerial mapping are included for the approach road to the property, as the Demolition Contractor is required to make a site visit as part of the bidding process.
No topographic surveys are included.
Deliverable(s): Base Map in a PDF format
2.2.4. Asbestos Evaluation/ Report subcontracted to Ezgo Environmental Services (EES)- Completed September 2020
2.2.4.1. EES (a firm with a Certified Asbestos Consultant in California) will provide an inspection report, sampling, laboratory testing, analysis, location maps, and a field evaluation to determine if abatement work will be required prior to the demolition work being performed by the Demolition Contractor during
construction.
2.2.4.2. 2.2.4.3.
2.2.4.4. 2.2.4.5.
Tests and samples will include 25 asbestos samples, 10 lead samples, and four (4) PCB samples with corresponding
analysis. EES will also perform PLM point counting for
asbestos samples less than 1 %, if necessary. A hazardous materials checklist will also be included.
EES has identified that twenty-five (25) asbestos bulk
samples, ten (10) lead bulk samples and four (4) PCB bulk samples and point counting of asbestos samples less than 1 %, adequate for the size of the Loyalton Project. EES has identified that an environmental assessment report in .PDF format consisting of an asbestos inspection, lead inspection, PCB inspection and household hazardous materials
evaluation will be adequate prior to demolition of the structures on-site.
Deliverable(s): Report in a PDF format
Asbestos Plans and Cost Estimate - EES
2.2.4.5.1. Should hazardous materials be found on-site
EES will prepare an abatement scope for a
licensed Demolition Contractor to remove these
materials (whether they are building materials or
loose hazardous household materials on the
subject site) prior to demolition activities being
performed.
2.2.4.5.2. EES will prepare drawings to show where
hazardous materials are required or
recommended to be removed for bidding
purposes. EES will also prepare a cost estimate
for the abatement and disposal of any hazardous
materials.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 9
2.2.5. 2.2.4.5.3. Deliverable(s): Electronic files in a PDF and Excel spreadsheet format
Draft Plans & Technical Specifications - Completed March 2020:
CONTRACTOR will prepare a demolition plan for the structures within the limits shown on Figure 2.
2.2.5.1. The structures to be demolished will be outlined and field measured with approximate dimensions. Each structure
shown on the plan will be numbered with an approximate
exterior square footage.
2.2.5.2. Specifications will include photographs of the interior and exterior of the buildings (two or four photos per page as appropriate).
2.2.5.3. The plans or specifications will include a photograph index of the location of the photos included in the specifications.
2.2.5.4. Photos of the access road and gate on the main road will also be shown so that bidders are aware of the site ingress and egress conditions.
2.2.5.5. The plans and specifications shall include requirements in regards to disposal of recyclable materials from demolition as required by SVP.
2.2.5.6. Included on the plans will be construction notes for: erosion control, site access and traffic control, mobilization, tree trimming (if needed), lump sum building demolition, lump sum asbestos abatement as described in the report, backfilling of excavated foundations, grading, and other items required to complete the demolition project.
2.2.5. 7. The plans are prepared with the assumption that the bidders are required to visit the site as part of the bidding process, and the bidders will be permitted to review the structures as part of the bid. Therefore, detailed floor plans are not needed. If record drawings are available of the structures, they will be included in the plans, along with a description.
2.2.5.8. The plans will show a standard detail for backfill of voids and holes after the completion of the excavation.
2.2.5.9. The plans will include storm water protection devices which the Demolition Contractor will implement during construction.
These measures will be the minimum required storm water protection that will be required for the Demolition Contractor's prepared Water Pollution Control plan.
2.2.5.10. A construction cost estimate will be prepared for the items shown on the plans. The cost estimate will include
approximately 10-15 lump sum items to breakdown the work Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 10
2.2.6. 2.2.7.
required by the Demolition Contractor. Examples of items to be included on the cost estimate include erosion control, site access and traffic control, mobilization, tree trimming (if needed), lump sum building demolition, lump sum asbestos abatement as described in the report, backfilling of excavated foundations, grading, and other items required to complete the demolition project.
2.2.5.11. Deliverable(s): Electronic files in a PDF and/or MS Word format and/or Excel spreadsheet format Final Plans, Technical Specifications & Estimate (PS&E).
2.2.5.12. CONTRACTOR will revise PS&E based on comments from City. CONTRACTOR will update the cost estimate and
technical specifications based on comments from the City.
CONTRACTOR will issue Final Bid Drawings stamped and
signed by a Professional Engineer.
Assumption: There are not required submittals to the local County and City Planning or Building Department. The scope of work prepared contains the items of work that would be typically required for a residential building demolition project on a large rural parcel, and with enough detail that the plans can be stamped by the California Licensed engineer on the design.
Deliverable(s): Electronic files in a PDF and/or MS Word format.
3. Construction Management (CM) Services
3.1. The intent of the project CM support is to provide as-needed CM and inspection of the subject property in regard to the Benicia Project as prepared by the CONTRACTOR/ Engineer (Bellecci and Associates).
3.2. Project Management and Coordination for all phases of the project is included.
3.3. CONTRACTOR will perform the following services:
3.3.1. Pre-Construction Phase: Provide Project Management support during the pre-construction stages of the project including:
3.3.1.1. Pre-bid meeting: Attend the mandatory pre-bid meeting, in person or virtual as required by SVP.
3.3.1.2. 3.3.1.3.
3.3.1.4. Pre-construction meeting: Attend a virtual pre-construction meeting.
Construction submittal review and coordination: Review and coordination of Construction Submittals and Requests for Information (RFI).
Review Contractor site documentati_on (photos or videos, etc.) for Demolition Contractor, Fence Contractor, or Site
Remediation Contractor as applicable.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 11
3.3.2. Construction Phase.
3.3.3. 3.3.2.1.
3.3.2.2. 3.3.2.3.
3.3.2.4. Public Notification Coordination and Public Relations: Public relations including notification and coordination with adjacent property owners and other agencies as required including responding to questions from adjacent property owners, other agencies, and other stakeholders.
Construction Meetings and Project Coordination: Conduct construction meetings and project coordination. Six (6) with the six (6) virtual meetings,
Construction Support: Construction support including weekly report, RFI, change orders, partial and final payment
verification.
Construction Inspection with the following assuming full time inspector for approximately 30 working days and includes attendance at on-site weekly meetings.
Hazmat Site Review Coordination Benicia
3.3.3.1. 3.3.3.2.
3.3.3.3. 3.3.3.4.
Provide project administration and documentation
HazMat testing coordination and review including project administration and documentation
HazMat remediation support
Certified payroll review
3.3.4. Post-Construction Support including:
3.3.4.1. 3.3.4.2.
3.3.4.3. 3.3.4.4.
Project construction, site (final) inspection and punch list inspection.
Project close-out documentation.
Oversight of record drawing preparation including red-lined record drawings.
Final reports and transmittal of all project files and record drawings including close-out report including photographs, final construction costs, as-built mark-ups.
3.4. DELIVERABLES: CONTRACTOR will
3.4.1. 3.4.2.
3.4.3. Deliver weekly inspection reports to SVP.
Answer RFls and respond to submittals.
Submit a final close-out report, including, but not limited to photographs, final construction cost, and as-built mark-ups.
Amendment No. 2 to AgreemenUBellecci & Associates, Inc. Page 12
3.5. Assumptions:
3.5.1. 3.5.2.
3.5.3. 3.5.4.
Cost estimate assumes authorization prior to wet-rainy or winter weather conditions. Additional costs associated with weather shall be approved, in writing, in advance. In the event that such additional costs will result in total costs exceeding the amount in Section 6 of the Agreement, an amendment to this Agreement must be executed before such work is started.
CONTRACTOR will start work in this section following the Notice to Proceed (NTP) from SVP to the Demolition Contractor.
No materials testing and/or surveying is included.
Cost estimate is based upon final plans as prepared by
CONTRACTOR and site accessibility.
3.6. SVP will provide an entrance/permission letter or other type of authorization from SVP including any authorization required from adjacent property owners and any current lock codes to enter each property.
4. Bellecci is the responsible licensed engineer of record for this proposal: Daniel Leary PE (C48394) or James M. Schaaf, PE (CA 42898).
5. The level of effort, hours expended, not exceed the number of hours and costs in Exhibit B.
5.1. In the event that additional hours are required that exceed the amounts detailed in Exhibit B, CONTRACTOR shall provide justification to the City. City and Contractor shall reasonably negotiate an Amendment to this Agreement as needed to address any additional costs. An Amendment to this Agreement is required before any work that will result in costs exceeding the amount in Section 6 of the Agreement as Amended.
5.2. Miscellaneous Expenses allowance is included for items such as, but not limited to mileage, prints, and postage.
Amendment No. 2 to Agreement/Be\lecci & Associates, Inc. Page 13 AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
ID
1 2
3 4
5 6
Task Name
NTP
EXHIBIT A-1
PROJECT SCHEDULE
BENICIA PROJECT MANAGEMENT
Duration
1 day
Mapping, Preliminary Engineering &
Studies/Reoorts 14 weeks
Final Desian 12 weeks
Advertise 4 weeks
Award and NTP 6 weeks
Construction 10 weeks
Amendment No. 2 to Agreement/Be!lecci & Associates, lnc.
Status
Comnlete
Comolete
Comnlete
Included in
Amendment No. 2
Included in
Amendment No. 2
Included in
Amendment No. 2
AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONA L SERVICES
BETWEEN THE
CITY OF SANTA CLARA , CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
EXHIBIT A-2
LOYAL TON PROPERTY
Figure 1 - Project Location Map - Task 3.2
Figure 2 - Project Limit - Task 3.2
Amendment No. 2 to Agreem ent/B ellecci & Associa tes
Rev. 10/2 5/19
Amendment No. 2 to AgreemenVBellecci & Associates , Inc. Page 15 AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
ID
1 2
3 4
5 6
EXHIBIT A-4
PROJECT SCHEDULE
LOYALTON DEMOLITION PROJECT
(EXHIBIT A SECTION 2 - Completed March 2020)
Task Name Duration Status
NTP 1 dav Comolete
Engineer Site Review, Mapping, Draft
submittal & Asbestos Re □ orts 6 weeks Com □ lete
Final Desinn 3 weeks Complete
Advertise 4weeks Cancelled
Award and NTP 6 weeks Cancelled
Construction 5weeks Cancelled
Amendment No. 2 to AgreemenUBellecci & Associates, Inc. Page 16 AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
EXHIBIT B - COMPENSATION AND FEE SCHEDULE
AMENDED JULY 1, 2021
1. Services shall be provided according to the rates in Exhibit B-1 - Time and Materials Hourly Rate Schedule incorporated herein by reference. Services performed prior to this Amendment shall be invoiced at the rates in place at the time of the service.
2. Labor rates outlined in Exhibit B-1 may be requested by CONTRACTOR to adjust no greater than annually after January 1, 2022 subject to reasonable notice and justification to the City. City approval or denial of the adjusted rates will be provided in writing (e-mail acceptable).
3. Cost Estimates:
3.1. CONTRACTOR shall manage projects within the cost estimates in the Exhibits listed below and incorporated by reference.
3.1.1. Exhibit B - 2 Cost Estimate - Benicia Ranch Demolition & Utility Services Project Final Design - Construction Documents and Construction Support.
3.1.2. Exhibit B - 2 Cost Estimate - Loyalton Demolition Project - Final Design
3.1.3. Exhibit B - 4 Project Construction Management for Benicia Project
3.2. CONTRACTOR shall notify City as soon as practical if there is a risk that cost estimates will be exceeded and shall not perform work that will result in costs exceeding the estimate without executed amendment to this Agreement.
3.3. Subject to written approval of the City, CONTRACTOR may transition costs between categories within each cost estimate but only to the extent that these transitions leave sufficient funding to complete the projects identified in each cost estimate.
4. Authorization for Work:
4.1. In the event that Contractor is requested to perform additional work not included in the scope of this Agreement or if a task exceeds the Budget outlined in Exhibit's B-1 - B-3, Contractor shall submit a proposal for such additional work.
4.2. If remaining contingency funds are available in the Agreement to complete the project quoted, Contractor may perform such additional work upon written authorization of the City (e-mail acceptable).
4.3. If insufficient contingency funds are available to complete proposed work, an Amendment to this Agreement shall be executed in advance of starting work.
No products or services that will commit or authorize funds in excess of the Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 17 contingency funds outlined in will be provided unless both Parties execute an Amendment to this Agreement.
5. Reimbursable Expenses
5.1. Pass-Through Costs:
5.1. 1. In some cases, CONTRACTOR may pass-through costs such as, but not limited to, subcontracted activities or materials.
5.1.2. Such Pass-Through Costs shall be included in any quotes for services.
5.1.3. When these Pass-Through Costs occur, CONTRACTOR may invoice City for these costs and may include a markup of up to ten percent (10%).
5.1.4. CONTRACTOR shall provide supporting documentation such as invoices or receipts for all Pass-Through costs.
5.2. Reimbursement of expenses is subject to the following conditions.
5.2.1. Expenses shall be reimbursable only to the extent that CONTRACTOR submits sufficient documentation to the City that the expenses were directly incurred in providing the requested services and that such costs are not already included in the fee or hourly rate.
5.2.2. Travel-related expenses (mileage, lodging, meals, etc.).
5.2.3. Unless approved in writing (e-mail acceptable) in advance, meals, lodging, and related Per Diem shall not exceed the rates outlined
5.2.4. 5.2.5.
by United States General Services Administration (GSA). https://www.gsa.gov/travel-resources
The City shall not reimburse local travel (within Santa Clara County).
6. Payment Provisions
6.1. Monthly Invoices. On a monthly basis, CONTRACTOR shall prepare an invoice which includes an itemization of time and materials spent on a services included in this Agreement for the preceding month.
6.2. All monthly invoices shall include a written itemization of the authorized expenses incurred, if any, with a detail listing the cost and source of such expenses and when they were incurred in a formal that will permit City to verify rates are the same as those authorized in the Agreement.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 18
6.3. CONTRACTOR shall maintain documentation of such time and costs for City inspection for a period of three (3) years from the date of termination of this Agreement.
6.4. Upon receipt of an approved itemized written invoice from CONTRACTOR including submittal of certified payroll using LCP Tracker where applicable, City shall process CONTRACTOR's invoice for services performed and authorized costs incurred during that billing period.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 19 EXHIBIT B-1
TIME AND MATERIALS HOURLY RATE SCHEDULE
ENGINEERING & PLANNING SERVICES
Principal .
Project Manager
Construction Manager
Professional Engineer
Senior Engineer
Design Engineer/Associate Engineer/Project Engineer
Senior Public Works Inspector
Assistant Engineer
Public Works Inspector
Engineering/Surveying Technician
Cleiical
LAND SURVEYING SERVICES
Professional Land Surveyor
Survey Coordinator
Survey Technician
Flag Person
1-Man Survey Crew
2-Man Survey Party
3-Man Survey Party
LEGAL AND EXPERT SERVICES
Depositions and Trial Testimony
REIMBURSABLE EXPENSES
Mileage (per current IRS reimbursement rate)
In House Printing: Bond ............................................... .
Mylar. .............................................. .
Large Format Color Presentation ................ .
$0.20/sf
$5.00/sf
$2.50/sf
ColorCopies-8.5"x !!".......................... $1.00/ea - ll" x 17'' .............................. $1.90/ea
Outside Printing & Delivery Services: Cost+ I 0%
Subcontractors: Cost+ 10%
RANGE
$ 220 - $240
$ 190 - $210
$190-$210
$ 190 - $205
$170-$180
$ 150 - $165
$ 145 - $160
$ 135 - $145
$ 125 - $145
$ 125 - $145
$ 60 - $ 75
$195-$210
$ 165 -$175
$ 135 - $145
$ 90-$100
$ 190 - $205
$ 270-$285 ·
$ 355 - $365
$ 325
Overtime work will be charged at 135% of the standard hourly rates, however, no overtime will be charged without prior authorization by the client. All current rates include insurance, vehicle rental, laptop usage, etc.
Amendment No. 2 to Agreement/BeHecci & Associates, Inc. Page 20 AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
EXHIBIT 8- 2 COST ESTIMATE
BENICIA RANCH DEMOLITION & UTILITY SERVICES PROJECT .
FINAL DESIGN· CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT Bellecci Ware Van Brunt Luhdorff & Pezzoni Task
Task Associates Scalmanini Total
Civil Structural Asbestos Well Electrical
Engineering & Engineerin Evaluation / Engineers
Project g Mechanical
Manaaement Ennineers
1 Demo caretakers $7,000 $3,000 $10,000
House
2 Asbestos Evaluation $4,078 $4,078
I Reoort
3 Asbestos Plans $2,000 $2,000
4 Well Evaluation $6,250 $6,250
5 Utility Shed Design $5,000 $5,000
6 Garage Demolition $3,000 $3,000
Desian
7 Milk House $6,000 $6,000
Demolition Desinn .
8 Site Civil $25,000 $25,000
Design/Specification
s
9 Project Management $5,500 $5,500
10 Base Mapping $4,000 $4,000
11 WARE: Bid and $1,000 $1,000
Construction
Sunnort /T&M Allow)
12 Bellecci $6,500 $6,500
Construction
Sunnort IT&M Allow)
13 Sub consultant $800 $1,216 $1,250 $1,000 $4,266
Continaencv 120%)
14 Printing & Delivery $1,000 $1,000
/allowance\
15 Sub Mark-up (10%) $480 $729 $750 $600 $2,559
SUBTOTAL $58,000 $5,280 $8,023 $8,250 $6,600
Total Basic Services $86,153
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 21 Completed
06/2020
06/2020
06/2020
06/2020
06/2020
06/2020
06/2020
06/2020
06/2020
06/2020
AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELLECCI & ASSOCIATES, INC.
EXHIBIT B- 3 COST ESTIMATE
LOYALTON DEMOLITION PROJECT
FINAL DESIGN - CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT Ezgo
Task Bellecci Environmental
Services (EES) Total
Basic Services
Civil Asbestos Report
Engineering
Task &PM
1 Engineer Site Visit I assessment I measurements I photos $2,740 $2,740 lone each: 1.5 days senor engineer - truck - hotel - gas) 2 Project Management $1,826 $1,826
3 Base Mapping (from site visit and on-line aerial) $1,600 $1,600 4 Asbestos Evaluation/Report/Plan $6,100 $6,100
5 Civil/ Demolition Plan (1st submittal) $7,200 $7,200
6 Cost Estimate (1st submittal)
.
$300 $300
7 Technical Specifications (1st submittal) $3,500 $3,500 8 Plans, Tech Specifications, Estimate {Final submittal) $4,650 $4,650 9 PDF Submittals $0 $0
10 Sub consultant Contingency {20%) $1,220 $1,220
11 Sub Mark-up (10%) $732 $732
SUBTOTAL $21.816 $8,052
Total Basic Services $29,868
Distribution of contingency to distribution of effort to vary during the project development process Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 22 """ '
3 3.3.1
3.3.1.1 3.3.1.2
3.3.1.3 3.3.1.4
5.2 3.3.2
3.3.2,1
3.3.2.2 3.3.2.3
3.3.2.4 3.3.3
3.3,4
3.3.4.1 3.3.4.2
3.3.4.3 3.3.4.4
3.3.4,5
PROJECT BUDGET ESTIMATE
RATE ($/HR)
TASKS DESCRIPTION
AMENDMl,NT NO. 2
TO THE /\GRlmMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN Tl-IE
CITY OF SANTA CLARA. CALIFORNIA ANO BELLECC! J\SSOClATES, INC EXHIElT B - 4 COST ESTIMATE
'"
1,0 ,,. '" ''°
PROJ. ,w ASSNT.
MNGR. INSPECTO ENGR
BENICIA PROJECT CONSTRUCTION MANAGEMENT
Pre-construction Phase
Pre-Bid Meeting 0 2 8
Preconstruction Meeting 0 1 1 0
Construction Submittal Review and Coordination 0 2 4
Review Contractor's Preconstruclion Site Documentation (Photos and/or Videos) 1 1 2 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) Subtotal 1 6 15 0
Construction Phase
Public Notification Coordination and Public Relations 0 2 0 Construction Meetings & Project Coordination 6 6
Construction Support 1 4 16
Construction Inspection 0 160
Hazmat Site Review Coordination 4 4 10
Subtotal 5 14 194 0
Post-Construction Phase
Post Construction Site Inspection and Punch List 0 0 4
Project Close-out Documentation 0 2 2
Oversight of Record Drawing Preparation 0 4
Final Reports and Transmittal of all Project Files and Record Drawings 2 2 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) .
Subtotal 0 4 12 0
TOTAL 60 24.0 221.0 0.0
I
"
I I I
CONST. HRSJ DIRECT 10%
ADMIN, oASK cos; MARK~UP
1 11
0 0
0 6
0 4
$0 $0
1 21 $0 $0
0 2
6 18
0 21
0 $0 $0
8 $6,000 $600
14 41 $6,000 $600
0 4
2 6
0 4
0 0
$250
2 14 $0 $250
17.0 76.0 $6,000 $850
Contingency (Use of Contingency subject to Exhibit B, Section 4) TOTAL
- If required by the California Labor Code Prevailing Wage Determination, If an apprentice is available CONTRACTOR will have an apprentice inspector on-site. Estimate for apprentioehip hours for both sites is 48 + 24 ::: 72 hours+ office paperwork)
Total Including Apprenticeship
I
TOTAL
COST
$1,468.00
$318.00
$892.00
$676.00
$0.00
$3,354.00
$256.00
$2,292.00
$3,038,00
$20,480.00
$10,072.00
$36,138.00
$512.00
$764.00
$512.00
$636.00
$250.00
$2,674.0
$42,166.00
$8,521.00
$50,687.00
$3,292.00
$53,979.00
AMENDMENT NO. 2
TO THE AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND BELL ECCi & ASSOCIATES, INC.
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.
A. 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, 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.
Amendment No. 2 to Agreement/Be!lecci & Associates, Inc. Page 24 Such payrolls shall be submitted through the LCP Tracker system. 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.
6. In addition to submitting the certified payrolls and related documentation to City, CONTRACTOR and all subcontractors shall be required to submit certified payroll records 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 who 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.
B. 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 Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 25 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.
C. 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 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.
4. 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.
Amendment No. 2 to Agreement/Bellecci & Associates, Inc. Page 26 Mark Ups ODCs Total
$270.00 $228.00 $190.00 $180.00 $168.00 $150.00 $95.00 $170.00 $228.00 $312.00 LS Fee LS Fee LS Fee
1. 1 Project Management 2 5.0 7.0 14 $3,010 $0 $3,010
1.2 Aerial Flyover Image of the Fence Line (approx. 60 mil es) 6.0 6 $ 1,008 $23,000 $2,300 $26,308
1.3 Review the Fence Line Aerial to Measure damaged fence 2 4.0 12 .0 40.0 58 $9,468 $0 $9,468
1.4 Prepare Construction Cost Estimate to Repair the Fence 0 .5 2.0 2.0 12 .0 17 $2,771 $0 $2,771
2.1 Project Management 1.50 3.00 5.0 10 $2,039 $0 $2,039
2.2 Site Visit by Fire Damage consultant 0 $0 $6 ,000 $600 $6,600
2.3 Meeting with City PM and Consultant to Review Fire Damage findings 3.00 3.0 6 $ 1,254 $700 $70 $2,024
2.4 Construction Cost Estimate for Fire Damage Site Remediation/Trees 1.00 1.00 1.0 6. 0 9 $1,588 $700 $70 $2,358
2.5 Construction Cost Estimate for Site Demolition 0.50 2.00 1.0 8. 0 12 $1,981 $0 $1,981
2.6 Allowance for services to be determined by City 4.00 8. 0 8.0 20 $3,456 $0 $3,456
3.1 Revisions to 1.4, 2.4 and 2.5 per City comments 1.0 2.0 2 6 6 17 $3,014 $0 $3,014 9 26 21 0 32 80 0 0 0 168 $29,589 $23,000 $7,400 $0 $3,040 $0 $63,029 OS1
Bid Plans, Tech Specifications & Estimate for Fence 2 4 18 12 82 124 24 2 $39,408 $5,000 $500 $44,908.0 OS2 Bid Plans, Tech Specifications & Estimate for Site Demo & Cleanup 1 2 6 6 50 70 13 5 $21,846 $3,500 $350 $25,696.0 OS3 Budget for services as requested by the City 8 16 16 40 50 70 20 0 $34,948 $0 $5,000 $39,948.0 Total Basic Services + Optional Services 11 2 2 40 58 182 264 0 0 0 577 $125,791 0 3,500 5,000 $850 5,000 $173,581 Notes:
1 D is
tribution of Hours may vary during the performance of the services 2 Tasks
OS1 and OS2 is an estimate for budgeting. Actual fee proposal based on findings from the site evaluations Subtotal
Subtotal
Optional Services
Task
# T ask Description
Proposal for: Engineering Services to Perform Site Review and Prepare Construction Cost Estimate Basic Service Subtotal
Design
Eng
E ng
Intern
Land
Surv
Assist
Eng
Survey
Tech
TASK 1 - PERIMETER FENCE AERIAL IMAGES, INVESTIGATION AND CONSTRUCTION COST ESTIMATE Aerial
Survey
Environmental
Con
sultant
TASK 2 - FIRE DAMAGE SITE REVIEW FOR REMEDIATION AND DEMOLITION - CONSTRUCTION COST ESTIMATE Union
Survey
Crew
Prin Structural
Engineer
City of Santa Clara - Silicon Valley Power
$41,557
TASK 3 - ALLOWANCE FOR REVISIONS TO TASK 1 & 2 $18,458
Sen
Proj
Mngr
Prof.
Eng I
Proj.
Eng
(DE III) Total Fee10% Sub Mark
Up
Other
Direct
Costs
Total
Hours
Total Labor
Costs
06/15/2022 - v2
ATTACHMENT 1: QUOTE FOR AMENDMENT NO. 3
@ Bellecci
Intelligent Infrastructure
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-118 Agenda Date: 7/5/2022
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action on a Resolution Confirming the 2022 Weed Abatement Program and Assessment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara, as outlined in Title 8, Chapter 15 of the Santa Clara City Code (SCCC), has deemed the overgrowth of weeds on properties within the City a public nuisance and mandated that property owners abate the nuisance through their own means in a timely manner. However, there are some property owners that, even with proper notification, do not comply with the weed abatement orders. To address these non-compliant properties, the City contracts with the County of Santa Clara to conduct abatement services and assess the appropriate costs through the County’s Assessor’s Office. The weed abatement services are conducted to limit impacts to the environment and utilize only mowing and/or manual methods using hand tools.
DISCUSSION
In accordance with SCCC 8.15.070, the Santa Clara County Agricultural Commissioner has prepared a 2022 Weed Abatement Program Assessment Report (“Weed Assessment Report”) listing the parcels within the City of Santa Clara upon which the County conducted weed abatement services, and associated costs to be assessed against each such parcel. In accordance with SCCC 8.15.090, this Public Hearing provides the public with an opportunity to present objections to the County’s report and allows the Council to confirm the County’s report and assessment list. In accordance with SCCC 8.15.080, notice of this Public Hearing was published, and posted together with a copy of the County’s Weed Assessment Report.
ENVIRONMENTAL REVIEW
Santa Clara County has determined the Weed Abatement Program to be categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Guideline 15308.
FISCAL IMPACT
The County manages the weed abatement program and all fees are collected through the County Assessor’s Office. There is no cost to the City other than staff time and expense.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
City of Santa Clara Printed on 6/28/2022Page 1 of 2
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22-118 Agenda Date: 7/5/2022
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 confirming the 2022 Weed Abatement Program Assessment Report and Assessment.
Reviewed by: Ruben Torres, Fire Chief
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Resolution Confirming the 2022 Weed Abatement Program Assessment Report and Assessment
2. 2022 Weed Abatement Program Assessment Report
City of Santa Clara Printed on 6/28/2022Page 2 of 2
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Resolution/ Confirming the 2022 Weed Abatement Program Assessment Report and the Assessment. Page 1 of 3 Rev: 11/17/2017
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
CONFIRMING THE 2022 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT AND THE ASSESSMENT
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, in accordance with the provisions of Section 8.15.080 of "The Code of the City of Santa Clara, California," ("SCCC") the Fire Chief duly published and posted a Notice to Destroy Weeds on February 22, 2022 giving notice to the designated property owners to remove all weeds from their property and in alleys, if any, behind their property, and between lot lines as extended, or weeds would be destroyed or removed and the nuisance abated by City authorities;
WHEREAS, the Notice to Destroy Weeds also advised that if the City is required to perform weed abatement, the cost of the destruction or removal, including an administrative fee, will be assessed upon the lots or lands from which weeds have been destroyed or removed, and such costs shall constitute a lien upon said lots until paid, or will be collected upon the next tax roll upon which general municipal taxes are collected;
WHEREAS, the City Council held a public hearing on March 22, 2022 to consider all objections to the proposed destruction or removal of such weeds, and at the hearing, the City Council did, by Resolution No. 22-9060, order the County Agricultural Commissioner to abate nuisances designated under SCCC Chapter 8.15, or cause the same to be abated by having the weeds destroyed or removed by cutting, mowing, or any other method as may be determined by the City Manager or their designee;
WHEREAS, affected property owners have been requested to destroy or remove the weeds at the property owner's expense and removal of weeds was required to have taken place prior to the inspection of the County Agricultural Commissioner or his authorized representatives; WHEREAS, following said inspection which revealed that property owners had failed to remove the weeds, the County Agricultural Commissioner caused the weeds to be removed; Resolution/ Confirming the 2022 Weed Abatement Program Assessment Report and the Assessment. Page 2 of 3 Rev: 11/17/2017
WHEREAS, the County Agricultural Commissioner sent the 2022 Weed Abatement Program Assessment Report to the City and filed the report with the City Clerk referring to each separate lot or parcel of land by description sufficient to identify it, together with the costs proposed to be assessed against it;
WHEREAS, pursuant to SCCC Section 8.15.080, the City Clerk timely posted the report and published the Notice of Hearing on the report which includes assessment for weed abatement and opportunity to object;
WHEREAS, the Notice of Hearing on report and assessment for weed abatement further specified the day, hour, and place as July 05, 2022 for when the assessment list and report would be presented to the City Council for consideration and confirmation and that any persons interested who have an objection to the report and assessment list may appear at the designated time and place to be heard; and,
WHEREAS, the hearing has been held, and the report has been considered by the City Council along with any other statements by staff, and all objections or protests have been heard and duly considered.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That all protests or objections of every kind and nature to the 2022 Weed Abatement Program Assessment Report and Assessment List are hereby overruled or denied.
2. That the 2022 Weed Abatement Program Assessment Report of the County Agricultural Commissioner attached herein as Exhibit A is hereby confirmed.
3. That the list of the properties on the 2022 Weed Abatement Program Assessment Report shall be assessed in the amount listed with the property description on the report.
4. That pursuant to the provisions in SCCC Chapter 8.15, if the cost assessed against each of the properties is not paid with applicable property taxes, a lien shall be placed on the property. The lien shall continue until the assessment and any or all interest or penalties is paid, Resolution/ Confirming the 2022 Weed Abatement Program Assessment Report and the Assessment. Page 3 of 3 Rev: 11/17/2017
or until it is discharged of record.
5. The City Manager or their designee and the Chief of the Fire Department, are hereby directed to provide a copy of this Resolution to the County Agricultural Commissioner of the County of Santa Clara, California, who shall enter the amount on the County Assessment Records opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property.
6. 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 _________, 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:
1. Exhibit A – 2022 Weed Abatement Program Assessment Report TRA
2022 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF SANTA CLARA
Situs APN OWNER ADDRESS
TAX ROLL
AMT
Exhibit A
60 Columbus Cir NEW YORK 10023 7000Tasman East Parcel 5 Owner Llc $91.00Calle De Luna22201 097-05-057 1111 Main St Ste 700 VANCOUVER 98660 7000Nash-holland Calle De Luna $91.00Calle De Luna22002 097-05-058 1861 Nelson Dr SANTA CLARA 95054-1647 7000Dillon Kathleen A $91.00Nelson18613 097-19-040 450 Samsome St Suite 500 SAN FRANCISCO 94111 7000Gs Tasman East Subsidiary Llc $2,027.71Calle Del Mundo22324 097-46-027 44 Montgomery St Ste 1300 SAN FRANCISCO 94104 7000Tasman East Urban Housing Llc $91.00Lafayette51515 097-46-031 44 Montgomery St Ste 1300 SAN FRANCISCO 94104 7000Tasman East Urban Housing Llc $91.00Calle De Luna23006 097-46-032 44 Montgomery St Ste 1300 SAN FRANCISCO 94104 7000Tasman East Urban Housing Llc $91.00Calle Del Sol51227 097-46-033 3590 Haig St SANTA CLARA 95054-2231 7000Nguyen Nguyen Hoang And Hang Le $91.00Haig35908 101-07-002 3563 Macintosh St Santa Clara 95054 7000Zihang Wang $91.00Macintosh35639 101-07-043 3542 Macintosh St SANTA CLARA 95054-2245 7000Wlaschin Robert A And Chan Cynthia $596.00Macintosh354210 101-07-059 1368 Botticelli Bnd CHICO 95928-3846 7000Nokleby James D And Elsa M Trustee $91.00Macgregor353911 101-08-019 10031 Foothills Blvd ROSEVILLE 95030-0000 7014Union Pacific Railroad $596.00NullNULL12 104-01-077 433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $2,568.00Old Ironsides485013 104-04-064 433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $1,648.95Democracy295014 104-04-065 433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $2,011.00Patrick Henry480515 104-04-111 433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $2,400.90Patrick Henry485516 104-04-112 433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $1,788.20Democracy305017 104-04-113 525 Golden Gate Av 10th Fl SAN FRANCISCO 94102 7029San Francisco City And County Of $91.00Patrick HenryNULL18 104-04-121 433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $1,955.30Democracy300519 104-04-143
TRA
2022 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF SANTA CLARA
Situs APN OWNER ADDRESS
TAX ROLL
AMT
Exhibit A
433 Airport Blvd Ste 426 BURLINGAME 94010 7029Innovation Commons Owner Llc $91.00Tasman294520 104-04-151 900 Birch Ave SUNNYVALE 94086-5139 7014Carter Scott D And Yu Yee L $91.00Silveria233621 104-05-112 636 Hamilton Ave MILPITAS 95035-3512 7014Sitlani Manisha K $2,011.00FillmoreNULL22 104-10-077 2789 Harrisburg Ave FREMONT 94536 7014Su Junjie And Zhong Xiao H $91.00Davis435223 104-11-020 10031 Foothills Blvd ROSEVILLE 95030-0000 7014Union Pacific Railroad $2,506.73BassettNULL24 104-11-082 10579 Foothill Rd SUNOL 94586 7014Exemption Tr Udr J&n Powers $91.00CheeneyNULL25 104-12-025 10579 Foothill Rd SUNOL 94586 7014Rebello Marlene Trustee & Et Al $91.00CheeneyNULL26 104-12-026 10031 Foothills Blvd ROSEVILLE 95030-0000 7014Union Pacific Railroad $91.00BassettNULL27 104-12-154 10031 Foothills Blvd ROSEVILLE 95030-0000 7014Union Pacific Railroad $3,425.78BassettNULL28 104-12-162 258 Alameda De Las Pulgas REDWOOD CITY 94062 7014Lai Weinong And Wang Ying $91.00Agnew211029 104-12-198 3209 17th Ave W SEATTLE 98119 7014Lba Rv-company Xii Lp $91.00Thomas350030 104-14-125 10031 Foothills Blvd ROSEVILLE 95030-0000 7014Union Pacific Railroad $91.00NullNULL31 104-14-145 10031 Foothills Blvd ROSEVILLE 95030-0000 7014Union Pacific Railroad $91.00BassettNULL32 104-38-001 2306 Remo Ct SANTA CLARA 95054-1343 7014Co Desiderio G $91.00Remo230633 104-46-025 2125 Quinn Ave SANTA CLARA 95051-1838 7014Adl-tabatabai Ali $91.00Quinn212534 216-11-017 2552 Painted Rock Dr SANTA CLARA 95051-1124 7079Toorans Sue M $91.00Painted Rock255235 216-19-035 2010 El Camino Real Unit 312 SANTA CLARA 95050 7079Gregersen Jeffrey Trustee $91.00Painted Rock249236 216-19-041 Pob 111597 CAMPBELL 95011-1597 7014Wentz Dee Trustee $91.00San Juan303637 220-22-053 2129 Ventura Pl SANTA CLARA 95051-1623 7014Minell Christina L $91.00Ventura212938 220-24-001
TRA
2022 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF SANTA CLARA
Situs APN OWNER ADDRESS
TAX ROLL
AMT
Exhibit A
3040 Santa Maria Ave SANTA CLARA 95051-1647 7014Young Melanie J $596.00Santa Maria304039 220-24-060 2132 Bowers Ave SANTA CLARA 95051-1830 7014You Zeyu $91.00Bowers213240 220-26-012 188 Twin Oaks Dr LOS GATOS 95032-5649 7000Witkin Properties Lp $596.00Lafayette275541 224-04-062 12395 Columbet Ave SAN MARTIN 95046 7000Haro Estanislao T And Martha S $596.00Walsh61442 224-04-075 14573 Big Basin Way SARATOGA 95070-6013 7000Pelio 650 Walsh Llc $91.00Walsh65043 224-04-077 Po Box 345 SANTA CLARA 95052-0345 7000Kahn William E Trustee $91.00Richard177144 224-06-149 13155 Noel Rd Fl 12 Unit Lb DALLAS 75240 7000Owens Corning Insulating $91.00Central96045 224-07-099 2252 Cabrillo Ave SANTA CLARA 95050-3616 7014Kalashnikov Max $91.00Cabrillo225246 224-19-053 10074 Dona Neely Way ELK GROVE 95757 7000Kaur Daljit $91.00Main192247 224-23-011 Po Box 348060 SACRAMENTO 95834 7000Ragingwire Data Centers Inc $91.00Walsh116048 224-58-003 4200 Easton Dr Ste 5 BAKERSFIELD 93309-9419 7000Victor Leasing Co $91.00De La Cruz229049 230-03-092 1154 Madison St SANTA CLARA 95050-4757 7000Rawls Tamlyn V $91.00Madison115450 269-13-034 535 Middlefield Rd Ste 190 MENLO PARK 94025 7000Kilig 1031 Llc $596.00Lafayette117551 269-16-056 1945 Murguia Ave SANTA CLARA 95050-6933 7014Maverick Muriel E Trustee $91.00Murguia194552 269-31-014 1974 Murguia Ave SANTA CLARA 95050-6957 7014Gupta Abhinav And Pandey Shalu $91.00Murguia197453 269-32-028 584 N Winchester Blvd SANTA CLARA 95050-5720 7014Conforti James M $91.00Winchester58454 269-33-036 860 Pedro Ave BEN LOMOND 95005-9409 7014Padula Thomas J And Cardone $91.00Maria31155 269-45-014 2790 Newhall St Ste A SANTA CLARA 95050 7014Ranch Realty Llc $91.00Winchester44456 269-45-093 454 Raquel Ln LOS ALTOS 94022-2138 7014Blaine Properties Llc $91.00El Camino Real353057 290-01-114
TRA
2022 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF SANTA CLARA
Situs APN OWNER ADDRESS
TAX ROLL
AMT
Exhibit A
1700 Space Park Dr. SANTA CLARA 95054 7014Linda Allen $1,146.00El Camino RealNULL58 290-02-087 1304 Crowley Ave SANTA CLARA 95051-3806 7014Mcnutt Cordie E Et Al $91.00Crowley130459 290-16-011 62772 Nw Sand Lilly Way BEND 97703 7014Gee Gail J Et Al $91.00Orthello291160 290-17-078 3012 Orthello Way SANTA CLARA 95051-3758 7014Oprica Dan $91.00Orthello301261 290-18-006 3000 Sandhill Rd Bldg 1-250 MENLO PARK 94025 7014Sbh Homestead Props Llc $91.00Homestead359162 290-23-053 2551 Patricia Dr SANTA CLARA 95051-5326 7014Aguilera Ralph D And M C $596.00Patricia255163 290-31-002 610 Shotwell St Apt 6 SAN FRANCISCO 94110 7014Dionisio John R Trustee $596.00Block122464 290-42-076 3033 Forbes Ave SANTA CLARA 95051-6115 7014Deguzman Lawrence A $91.00Forbes303365 293-16-049 623 Malarin Ave SANTA CLARA 95050-6958 7014Mcreynolds Marily L Trustee $91.00Malarin62366 294-07-024 735 Los Olivos Dr SANTA CLARA 95050-5526 7014Gebing John And Cecile Trustee $596.00Los Olivos73567 294-15-070 3472 Gibson Ave SANTA CLARA 95051-6649 7006Brannan Jim $596.00Gibson347268 296-18-015 150 Elmhurst Ct SANTA CLARA 95051-6647 7006Mehta Yatrik H And Minal Y $91.00Elmhurst15069 296-19-022 367 Cypress Ave SANTA CLARA 95050-6435 7014Chace Nancy L $91.00Cypress36770 303-06-061 977 Wood Duck Ct SANTA CLARA 95051-4516 7014Campbell Jean T Trustee $91.00Wood Duck97771 313-19-032 1 Kaiser Plaza 15th Fl OAKLAND 94612 7014Kaiser Foundation Hospitals $596.00Homestead380072 316-09-045 $34,595.57TOTAL
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-148 Agenda Date: 7/5/2022
REPORT TO COUNCIL
SUBJECT
Consideration of Silicon Valley Power Quarterly Update
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
SVP is a recognized industry leader with a strong history and reputation of providing excellent customer service. The electric industry is rapidly changing and undergoing a fundamental transformation, shifting from a centralized resource grid toward an increasing decentralized electrical grid with distributed renewable energy resources (e.g. wind, solar, hydrogen, and biogas), shifting variability in supply, and greater customer choice.
DISCUSSION
The report to be presented to Council will provide an update to Council on the status of the utility, current load and sales, recent accomplishments, and upcoming Council Actions for consideration.
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 associated with this update. Implementation of certain elements will require funding which will be requested through the normal budget process.
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, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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22-148 Agenda Date: 7/5/2022
RECOMMENDATION
Note and file the Silicon Valley Power Quarterly Update.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-863 Agenda Date: 7/5/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action to Delegate Authority to Executive Director to Procure, Negotiate, and Execute an Agreement for Levi’s Stadium Naming Rights Signage Assessment Services
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
EXECUTIVE SUMMARY
In April 2022, the Stadium Manager submitted a request to procure interim sign repairs. On May 10, 2022, the Stadium Authority Board approved the Stadium Manager’s request to execute an Amendment No. 2 to the Agreement with Bear Electrical Solutions, Inc. to increase the not to exceed amount by $420,000 for the second year of the agreement term to cover interim sign repairs. The Board also directed staff to review the available documentation as provided by the Stadium Manager to advise the Board on next steps.
This report is in response to the Board’s May 10, 2022 direction.
BACKGROUND
The Naming Rights Agreement (Agreement) between the Stadium Authority and Levi’s, the Naming Rights Sponsor, provides for Naming Rights Entitlements under Schedule 1 including but not limited to the following Exterior Stadium Signage:
· Suite Tower - Marquee Sign. One (1) primary exterior stadium identification banner sign displaying the Stadium Name in large lettering (the "West Side Lettering"). · Suite Tower - Theme Graphics. Two (2) theme graphics on either side of marquee banner shall include the Stadium Name and/or Stadium Logo.
· East Facade Marquee Sign. One (1) large centered sign across the eastfacing exterior displaying the Stadium Name in large lettering (the "East Side Lettering" and, together with the West Side Lettering, the "Stadium Name Lettering"), visible to surrounding corporate and residential areas.
· Stadium Gate Signage. Signs at each of four (4) gates displaying "Levi's Stadium" in three- dimensional metal letters across face.
Section 3(g) of the Agreement provides that except for the changes requested by the Naming Rights Sponsor pursuant to Section 5(f), all of the signage and other advertising opportunities granted to the Naming Rights Sponsor shall be designed, produced, installed, illuminated, and maintained by the Stadium Authority at the Stadium Authority's expense (except that Naming Rights Sponsor shall provide any required artwork and design, including any revisions, at Naming Rights Sponsor's cost City of Santa Clara Printed on 6/30/2022Page 1 of 4
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22-863 Agenda Date: 7/5/2022
and expense).
Section 5(f) provides that the Stadium Authority shall be responsible for the cleaning, repairing and maintenance of all signage included in the Naming Rights Entitlements; provided, that Levi’s shall be responsible, at its sole cost and expense, for the preparation of all conceptual drawings and designs and any other content for all signage in respect of the Agreement or the Naming Rights Entitlements.
Section 5(f) also states that Levi’s shall be entitled, at its sole cost and expense, to replace, update, change, refresh or refurbish any such initial signage at any time and from time to time (and for any reason).
As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.
Below is a summary timeline of the actions related to Levi’s Naming Rights signage:
· Fiscal Year (FY) 2020/21: Levi’s Naming Rights Signage Replacement Project ($682,500) was approved as part of the FY 2020/21 Capital Expense (CapEx) Budget. · FY 2021/22: Stadium Manager submitted a Naming Rights Signage Replacement Project ($945,000) for the FY 2021/22 CapEx Budget, which was not approved. On September 7, 2021, the Board approved a $250,000 budget amendment for a Levi’s Signage Repairs CapEx Project.
· FY 2022/23: Stadium Authority Board approved the FY 2022/23 CapEx Budget which includes line items for a Levi's Naming Rights Signage Refurbishment project ($1,260,000) and a Levi's Naming Rights Existing Signage Lighting and Driver Repair project ($420,000). The Board further directed staff to explore options for a more cost-effective way to address repairs to the Naming Rights Sponsor signage.
DISCUSSION
In August 2021, the Stadium Manager provided an assessment report dated July 9, 2021 prepared by a third-party sign vendor, Architectural Design & Signs, Inc. (AD/S) for the Levi’s Stadium Naming Rights exterior signage (Attachment 2). As part of the assessment, AD/S completed the following:
· Reviewed internal documents: 2014 original construction documents, shop drawings, structural engineering, welders certifications, warranty information, and lighting/electrical plans, proposed and completed 2018 repair work, and photos of the signs at the time. · Conducted an onsite survey in June 2021 to determine site accessibility for equipment, current conditions of the signs, existing electrical connections and day/night visibility of the signs. · Prepared a summary of discoveries, which outlined: 1) current condition of the signs was not recommended for retrofit/reconstruction, 2) if the decision is to reuse and reconstruct the signs to complete working order, Levi’s Stadium would be without Naming Rights signage for a significantly longer timeframe than would be required for removal and replacement, 3) equipment required onsite will directly impact Stadium events, 4) repair vs. replacement costs, and 5) material and product used to fabricate these signs have evolved greatly since 2014. · Based on the internal review of documents and onsite survey, made a recommendation to remove the existing signage and replace with new.
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22-863 Agenda Date: 7/5/2022
Within the summary of discoveries, the vendor provided cost estimates for 1) removal, retrofit, and reinstallation of all four signs (approximately $995,000), and 2) removal of existing signs and installation of new signs (approximately $1,190,850). They noted that the pricing was based off of market conditions at the time and material escalation, and that they had experienced continued increases in the price of materials used to fabricate and install such signs.
Consistent with the Board’s May 10, 2022 discussion and direction, staff reviewed the assessment report and determined that while the scope of the July 2021 assessment was comprehensive, the signs’ condition have now changed through subsequent repairs that were completed, and therefore some of the analysis/conclusions included in the report may have changed or no longer apply.
The repairs completed following the July 2021 assessment totaled $249,000 and included:
· Removal of the red fabric covering the “batwings” area of the signs. · Replacement of the LEDs and drivers that had failed, specifically, 100% of red LEDs in the East and West signs and 50% of the red LEDs in the North and South signs. · Original fabric was then reinstalled, which resolved the blotchy red areas in the signs.
As noted above, in May 2022, the Board also approved the procurement of additional interim signage repairs that total $420,000. Specifically, those repairs would replace 100% of the LEDs in the signs’ white lettering and replace the remaining 50% of the red LEDs in the North and South signs that were not replaced in 2021. These repairs are anticipated to be completed by early August.
Staff has concluded that without additional assistance the Stadium Authority and City do not have the internal resources or expertise necessary to advise the Board on the best next course of action:
continue to repair as the need arises, refurbish the signage, or replace the signage.
Given the signs’ updated condition and potential changes to the discoveries outlined in the AD/S report, it is recommended that the Stadium Authority procure an independent assessment to evaluate the Naming Rights exterior signage, with delegated authority to the Executive Director to enter into an agreement with a third-party vendor for such services in an amount not to exceed $30,000. Staff plans to procure these services during the Council recess and return to the Board with the completed assessment in Fall 2022. The services will be procured in compliance with the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.
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
The Stadium Authority FY 2022/23 Operating Budget, General and Administrative Budget contains $150,000 for Board directives and Executive Director assignments. There are sufficient funds to cover the cost of the sign assessment services (not to exceed $30,000).
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22-863 Agenda Date: 7/5/2022
COORDINATION
This report has been coordinated with the City’s Public Works Department and the Treasurer and Stadium Authority Counsel’s Offices.
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]>.
ALTERNATIVES
1. Authorize the Executive Director to procure, negotiate, and execute an agreement with a third- party vendor in an amount not to exceed $30,000 to assess the Levi’s Stadium Naming Rights exterior signs and make a recommendation on the most cost-effective long-term approach; or
2. Any other Board direction.
RECOMMENDATION
Alternative 1
1. Authorize the Executive Director to procure, negotiate, and execute an agreement with a third- party vendor in an amount not to exceed $30,000 to assess the Levi’s Stadium Naming Rights exterior signs and make a recommendation on the most cost-effective long-term approach.
Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Ruth Mizobe Shikada, Executive Director’s Office Approved by: Rajeev Batra, Executive Director
ATTACHMENTS
1. Naming Rights Agreement Provisions
2. AD/S Report
City of Santa Clara Printed on 6/30/2022Page 4 of 4
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Naming Rights Agreement Provisions
"Specified Signage" means, collectively, (i) th e "Suite Tower – Marquee Sign" described in paragraph 1(b)(i) of Schedule 1, (ii) the "East Facade Marquee Sign" described in par
agraph 1(b)(iii) of Schedule 1, and (iii) the channel cut or panel signs above the Stadium scoreboards described in paragraph 1(c)(i) of Schedule 1.
Section 3(g) Sign Activation. Except for changes requested by Naming Rights Sponsor after the Effective Date pursuant to Section 5(f), all of the signage and other advertising opportunities granted to the Naming Rights Sponsor hereunder shall be designed, produced, installed, illuminated (only with respect to the Specified Signage described in clauses (i) and (ii) of th e definition of s uch term) and maintained by the SCSA at the SCSA's expense (except that Naming Rights Sponsor shall provide any required artwork and design, including any revisions, at Naming Rights Sponsor's cost and expense). Except for the signage on the exterior walls of the Stadium (which shall be activated each day, 365 days per year , b etween sundown and midnight (or, if later, the conclusion of any NFL Team Game or Non-NFL Event held on such day)), all other electronic or illuminated signage bearing the Stadium Name, the Stadium Logo, or any other Stadium Marks or Naming Rights Sponsor Marks (i) shall be activated during all home NFL Team Games and Non-NFL Events (excluding any period during any such event when electronic or illuminated signage is not activated as part of the performance of such even (for example, during a musical performance)) and (ii) shall be activated when the comparable signage (if any) of any other Stadium sponsor or advertiser is illuminated.
Section 5(f) Cost of Materials; Cleaning, Repairing and Maintenance. Except as ot
herwise expressly provided herein or otherwise agreed in writing between the SCSA and the Naming Rights Sponsor, the SCSA shall be responsible for all costs and expenses associated with the initial design, construction, production, delivery or installation of signage and other physical advertising included in the Naming Rights Entitlements and for the cleaning, repairing and maintenance of all such signage; provided, that Naming Rights Sponsor shall be responsible, at its sole cost and expense, for the preparation of all conceptual drawings and designs and any other content for all signage in respect of this Agreement or the Naming Rights Entitlements.
Naming Rights Sponsor shall be entitled, at its sole cost and expense, to replace, update, change, refresh or refurbish any such initial signage at any time and from ti me to time (and for any reason); provided, that the content of such signage will remain subject to the SCSA's prior written approval (not to be unreasonably withheld, conditioned or delayed). For the avoidance of doubt, the Parties acknowledge that Transportation Signage is a Forty Ni ners S C Entitlement and not a Naming Rights Entitlement and consequently, the SCSA shall not have any obligations with respect to Transportation Signage (and all costs and expenses related thereto shall be the responsibility of Forty Niners SC under the Sponsorship Agreement). In the event the SCSA terminates this Agreement prior to the Expiration Date as the result of a Naming Rights Sponsor Default, Naming Rights Sponsor shall reimburse the SCSA for all out of pocket costs incu rred in connection wit h the removal of its sign age from t he Stadium. In the event this Agreement expires or is terminated for any reason (other than as the result of a Naming Rights Sponsor Default), the SCSA shall be responsible for all such costs and expenses.
Architectura l Design & Signs, Inc. I Levi's Stadium
ADS
Levi's Stadium Naming Rights
Signage Recommendation
Architectural Design & Signs, Inc. I Levi's Stadium
July 9, 2021
Levi's Stadium - Naming Rights Exterior Signage
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
Re: Naming Rights Exterior Signage Recommendation
We sincerely appreciate the opportunity to act as an advisor regarding the existing and future exterior signs for Levi's Stadium Naming Rights. The following recommendation outlin es what we believe to be your best course of action after thorough review of the existing Naming Rights signs and their lifespan.
Directly following our proposal, please see a brief reference of some our expertise and recentl y completed like projects. With over 20 million dollars' worth of signage completed in the Stadium/ Arena space, we are confide nt in our ability to provide you with this necessary feedback.
The process of our review includes the following :
l. Receipt and review of internal documents including;
-2014 original construction document s, shop drawings , struct ural engineering , welders certifications, warranty informat ion, and lighting/ electrical plans. -2018 repair work proposed and comp leted.
-2021 current photos of qty four (4) exterior Naming Rights signs.
2. On site survey Thursday June 24, 2021
-Survey to determine site accessibility for equipment, current condi tion of signs, existing electr ical connections and day/ night visibility of the signs.
3. Interna l review
-AD/Steam reviewed all supplied documents and site survey conclusions with CA state licensed Engineer Yosimar Ramos, on Monday June 28, 2021 for structural engineering recomme ndation.
-AD/Steam reviewed all supplied documents and site survey conclusions with our Director of Installation, Josh Adams on Tuesday June 29, 2021. This review included required equipme nt, mobilizations, man hours, removal and installation recomme ndation. -AD/S team reviewed all suppli ed documents and site survey conclusions with our department Head of Fabrication, Miguel Arechiga and Quality Contro l Advisor, Randy Sharp on Tuesday June 29, 2021. This review included materia l review, fabrication method and lighting/ LED recommendation .
Architectural Design & Signs, Inc. I Levi's Stadium
AD/5 Summary of Discoveries
1. The current condition of the qty four (4) Naming Rights exterior signs is not recommended for retrofit/ reconstruction.
-From ground level we could visibly see materials from the original construction of the sign lifting from the returns (sides) and faces or the sign. In our experience, this type of material wear and tear has a very low probability that it can salvaged for reconstruction. -Removing and replacing the existing signs with newly constructed signs and attachments will guarantee you structural safety and replace any current concerns. -The current sign warranty has expired. The fabrication of new signs will allow you the opportunity to renegotiate updated warranty terms for the signs based on previous experience and concerns.
2. If the decision is to reuse and reconstruct the signs to complete working order, Levi's Stadium will be without Naming Rights signage for a significantly longer timeframe than would be required for removal and replacement.
-For existing sign reuse, the approved signage vendor will need to remove the existing signs and perform majority of the reconstruction labor in their shop/ warehouse. This leaves the Stadium Authority, Levi's and 49ers without Naming Rights signage for anywhere from 3-12 weeks depending on the complexity of the fix.
-For removal of existing and fabrication of new, there is minimal downtime of signs as most signage vendors can remove and replace within days of each other based on access and events.
3. The equipment required onsite will directly impact Stadium Events. -Large cranes and specialty boom lifts will be required for all sign locations. Removal and reuse of signs will require 2x the number of mobilizations and days on site for equipment. -The additional days/ weeks onsite will directly impact planned events, stadium access for fans and could result in a costly impact.
4. Repair vs Replacement Cost
-The approximate cost to remove, retrofit and reinstall all four (4) existing Naming Rights signs is $995,000.
-The approximate cost to remove existing signs and install qty four (4) new Naming Rights signs is $1,190,850.
-Pricing is based off of current market conditions and material escalation. We have experienced continued increases in price of materials used to fabricate and install these types of signs. For your use, below is a breakdown of what these signs would have cost in 2017 and what we plan to see moving into 2022.
Jan 2017- Budget cost of $780k
Jan 2021- Budget Cost of $850k
July 2021 (Current)- $1.2 Million
Jan 2022- Budget Cost of $900k
5. Material and product used to fabricate these signs has evolved greatly in the past 7 years. -The original signs were constructed in 2014. The documented shop drawings show that there is considerable opportunity to make material changes and product updates that can help with energy efficiency, overall weight of the sign/ structure and easier accessibility for future maintenance.
-For example, the LED spec referenced in the 2014 construction drawings (AGILIGHT Signrayz APEX LED) is no longer offered in 2021 as these LEDS have dramatically improved their module spacing, power supply loads and input/ output reflected in their newer models.
-Some of these product updates give the Stadium Authority and 49ers an opportunity for cost savings in regard to energy and maintenance.
Architectural Design & Signs, Inc. I Levis Stadium
Recommendation:
After an in depth internal review and onsite survey, our team recommends that the existing siqnaqe be removed and replaced with new .
Again, we sincerely appreciate the oppo rtun ity to assist with this project and we look forward to providing any additional feedback and continued support.
Brittney Terry
Jeff DeBough
Ashley Jinjoe
Jim Landry
I RV IN E
SPECTRUM
CENTER
ARCHITECTURAL DESIGN & SIGNS
C 5470 Wynn Rd #600 I Las Vegas, NV 89118 1160 Railroad St I Corona, CA 92882 Corona - HQ · San Diego• San Francisco• Las Vegas
SIGNAGE + DIGITAL SOLUTIONS
1.800.862.3202
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1160 RAILROAD STREET I CORONA, CA 92882 I 5470 WYNN ROAD #600 I LAS VEGAS, NV 89118
1. 800. 862. 3202 I
■ ■ •
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-917 Agenda Date: 7/5/2022
REPORT TO COUNCIL
SUBJECT
Action on a Written Petition Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Recent Planning Commission Appointment
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
DISCUSSION
The City Clerk’s Office has received a Written Request from Councilmember Becker dated June 28, 2022 (Attachment 2) requesting to place an agenda item at a future council meeting to discuss the recent Planning Commission appointment.
In the request Councilmember Becker states:
I would like both the removal of Ron Patrick from Planning Commission for providing inaccurate or incomplete information on his application and the appointment of Mario Bouza to the Planning Commission as well have this item placed on the July 5, 2022 meeting agenda.
FISCAL IMPACT
There is no fiscal impact other than administrative staff time.
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 report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
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22-917 Agenda Date: 7/5/2022
ALTERNATIVES
1. Direct staff to agendize.
2. Note and file this report and take no further action.
3. Any other alternative as approved by Council.
RECOMMENDATION
Staff has no recommendation and is seeking Council direction.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Council Policy 030
2. Written Petition Submitted by Councilmember Becker dated June 28, 2022 City of Santa Clara Printed on 6/30/2022Page 2 of 2
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RESOLUTION NO. 20-8895
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM
REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Resolution No. 20-8809 is hereby rescinded in its entirety.
2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17
3. 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 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None
ORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PURPOSE
POLICY
ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
Members of the City Council:
The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.
Referral from a Council Committee:
Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.
Items Referred During a Council Meeting:
By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble
PROCEDURE
FOR WRITTEN
PETITIONS
ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.
1. All requests to address the City Council shall be submitted in writing.
Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .
2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PROCEDURE
FOR WRITTEN
REQUESTS
FROM CITY
COUNCIL
ADD ING AN ITEM ON THE AGENDA
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _
WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
-
;i\ Cityof
·J Santa Clara
COUNCIL ITEM REQUEST FORM
The Center of Wha t's Possib le
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a futu ·re City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council _ __,.~~.11.1l~V.;i_.--W..4i.;,......:;.:.;:;;....._ _________ _ Contact E-mail ahe4~ry@, <aoh Wrb .Of\ Jo(/
Contact Phone t/DB',,q I 7: ,,_t;fkf}1/
Today's Date (i/tf / 1A tZ,
( J
WRITTEN REQUEST
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
I would like both the removal of Ron Patrick from Planning Commission for providing inaccurate or incomplete information on his application and the appointment of Mario Bouza to the Planning Commission as well have this item be placed on the July 5th, 2022 meeting Agenda.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-881 Agenda Date: 7/5/2022
REPORT TO COUNCIL
SUBJECT
Update on City Council and Stadium Authority Staff Referrals
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
During Council and Stadium Authority meetings, the City Council or Stadium Authority Board provide direction on policy issues or refer information requests to staff for follow-up.
The purpose of the City Council and Stadium Authority Referrals Update is to provide the City Council/Stadium Authority Board and the public a current status report. Completion of the referrals may be communicated by various means such as: Report to Council, Information Memorandum provided through a Council Agenda or monthly City Hall News publication or during a future Council meeting.
The Referrals list will be published in the Council agenda packet under the “City Manager/Executive Director Report” section of the Council Agenda. Reports will include both open and closed referrals.
ATTACHMENTS
1. City Council and Stadium Authority Staff Referrals
City of Santa Clara Printed on 6/30/2022Page 1 of 1
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CITYCOUNCILANDSTADIUMAUTHORITYSTAFFREFERRALS FORFOLLOWͲUP/ACTION
Updated7/5/22
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Assigned
Source ReferralDescription AssignedDepartment ProjectedCompletion
1. 6/21/22 CouncilMeeting DirectstafftoreturntoCouncilwithascopetoredotheElCaminoRealSpecificPlan includingobjectivedesignstandards.
CommunityDevelopment TBD
2. 6/21/22 CouncilMeeting DirectstafftoconductacomparisonstudyofbuildinganewCityHallonͲsitecomparedto movingDowntownusingthe2019study.
CityManager/
CommunityDevelopment
TBD
3. 6/7/22 CouncilMeeting RooftopSolar:DirectstafftoconductacostͲbenefitanalysisoninstallingrooftopsolarand waystomakeitfeasibleforSantaClarahomeowners
SiliconValleyPower TBD
4. 6/7/22 CouncilMeeting LoyaltonRanchproperty:DirectCityManagertoreturntoCouncilwitha1)ScopeofWork and2)costsofthefollowing:a)consultant’sRiskAnalysis/Assessment,b)cleanup,andc) fencing.
SiliconValleyPower July5,2022
5. 5/24/22 CouncilMeeting LeaseAgreementbetweenCityandSantaClaraPALfortheoperationofBMXtrack.On May24,2022,staffreturnedwithastatusreportoncoordinationofeffortsbetweenBMX andPoliceActivitiesLeague(PAL).Councilnoteandfiledreport.Councilquestions included:obtainrequestedresponsestoquestionspresentedtoPA L,timeline,afullaudit (5Ͳyears)ofPAL,etc.Staffwillreturnwhentheauditiscompletewithanupdate. CityManager July12,2022
6. 5/24/22 CouncilMeeting PrepareafinancialanalysisformovingToANewCityHalltoalocationwithintheeight blocksoftheoriginalDowntown.
CommunityDevelopment TBD
7. 5/10/22 StadiumAuthority
Meeting
SignageLightingatLevi’sStadium–Directstafftoconductaninternalreviewofsignage approach(repairorreplacement)andreturntotheBoardforauthorizationtoprocurea 3rdpartyevaluationifneeded.
CityManager July5,2022
8. 4/5/22 CouncilMeeting WrittenPetition(CP030)submittedbyJosephGoschytodiscussappealingabuilding Violation(CRN2020Ͳ00310)at220TylerAvenue.ReferItemtoFutureAgendatoDiscuss Options.
CAO/CCO TBD
9. 4/5/22 CouncilMeeting WrittenPetition(CP030)submittedbyJaredPetersregardingResponsibilityofSoundWall AdjacenttoPruneridgeAvenueadjacenttoLaurelParkEastNeighborhood.Workingwith residentondevelopmentofpotentialcostͲsharing/financialassistancesolution.Residentis intheprocessofobtainingcontractorquotesforthework.Staffisstillwaitingoncost proposalsfor
mresident.
DPW/CAO TBD
10. 4/5/22 CouncilMeeting WrittenPetition(CP030)SubmittedbyViceMayorJainrequestingtoitematafuture Councilmeetingagendatodiscusshowtochangenoticingpolicytoreachmorepeople. CommunityBenefitsPolicy(10/13/20):RequesttoreturntotheGovernanceCommittee withpotentialmodelsofaCommunityBenefitsPolicywithfeedbackfromvarious CommunityD
evelopment
/CityAttorney
Fall2022
City of
Santa Clara
The Center of What's Possible
SCSA --------SANT A CLARA STADIUM AUTHORITY
CITYCOUNCILANDSTADIUMAUTHORITYSTAFFREFERRALS FORFOLLOWͲUP/ACTION
Updated7/5/22
Page2
Date
Assigned
Source ReferralDescription AssignedDepartment ProjectedCompletion Communitygroups(i.e.,CatalyzeSV)andbestpracticesfromothercities.
11. 4/5/22 CouncilMeeting StafftoInviteallMembersofBoards/Commissions/Committees/TaskForcestoattendthe continued2022PrioritySettingSessionwhenitisRescheduled. CityClerk TBD
12. 3/22/22 CouncilMeeting PatrickHenrySpecificPlan:ReturntoCouncilwithaProposalforaPlanAmendmentfora .3%PublicArtFeeGranttheAuthorityontheApprovaloftheTMAtotheCityCouncil versustheCityManager,indicatedinthedraftPlan.
CommunityDevelopment TBD
13. 1/25/22 CouncilMeeting PostponeActiononTaskForceonDiversity,Equity,andInclusion’sLetterregarding ElectedPoliceChiefuntilafter2022PrioritySetting(PendingCompletionof2022Priority Setting).
CityManager TBD
14. 1/11/22 CouncilMeeting ResponsewaspresentedonMay10,2022ontheactiononWrittenPetition(CouncilPolicy 030)submittedbyKeithStattenfieldrequestingtoplaceanagendaitematafutureCouncil meetingtodiscussrequirementsfromtheCAOonapprovinganupdatetotheCC&Rsof theCasedelReyHO A Bylaws.
CityAttorney Consentcalendaritem
for7/12/22
15. 1/11/22 CouncilMeeting UpdateonreviewandmonitoringofTransportationDemandManagement(TDM) measures.StafftoIssueRFPtosupportonlinereportingandtrackingofTDMMeasures andpresentatemplatetocompletetheforms.StaffissuedtheRFPonMay27andhas extendedthedeadlinetoJuly18toallowformoreproposalsubmissions.Depe ndingon theresultsofthesubmissions,staffshouldbeabletoprovideCouncilatemplateby September/October2022.
CommunityDevelopment September/October
2022
16. 1/11/22 CouncilMeeting ActiononaCouncilWrittenRequest(CouncilPolicy030)submittedbyCMJainrequesting toplaceanagendaitematafutureCouncilMeetingtodiscussmakingtheYouthSoccer ParkparkinglotavailablewhentherearenoeventsattheYouthSoccerPark
1.InvestigateADAImprovementsforparking
2.InvestigatewhethertheCitycanengageaprivateop eratortomanageforparking
3.Investigatewhetherthe49erscanusetheirpracticefacilityforparking
4.DeterminethefairmarketvalueofVIPparking
Parks&Recreation/City
Attorney/CityManager
TBD
17. 12/14/21 CouncilMeeting ActiononAmendmentNo.1totheAgreementforthePerformanceofServiceswith Wilson,Ihrig&AssociatesforNoiseMonitoringServicesatVantageCA2DataCenterand OwensCorningFacilityandRelatedBudgetAmendment:itemcontinuedtogetmore informationonbroadcasting,movingfromtheNorthsidetothestadium,andan imple
mentationtimeline
CommunityDevelopment May10,2022
18. 10/19/21 CouncilMeeting WrittenPetition(CP030)toconsiderthepurchaseofalotat1601CivicCenterDrivetobe CityManager TBD City of
Santa Clara
The Center of What's Possible
SCSA --------SANT A CLARA STADIUM AUTHORITY
CITYCOUNCILANDSTADIUMAUTHORITYSTAFFREFERRALS FORFOLLOWͲUP/ACTION
Updated7/5/22
Page3
Date
Assigned
Source ReferralDescription AssignedDepartment ProjectedCompletion addedtoafuturemeetingagenda.
19. 9/28/21 CouncilMeeting ReferthefollowingWrittenPetitionsubmittedbyCouncilmemberJaintotheCity Attorney’sOfficeforreview,priortobeingheardbytheGovernanceCommittee: 10B.RequesttoPlaceanAgendaItemataFutureMeetingtoConsiderHiringanEthics ConsultantforUpcomingElections(CityClerk)requestedthattheCityAttorney ’sOffice provideanupdatetoCouncilonfindings.
CityClerk/CityAttorney Deferredto
Governance&Ethics
Committee(2022)
20. 8/17/21 CouncilMeeting
(PrioritySetting
CheckͲin)
StafftoreturnatafutureCouncilmeetingwithdraftordinancetoadoptrecommended procurementreforms.
Finance Summer2022
21. 8/17/21 CouncilMeeting
(PrioritySetting
CheckͲin)
DirectstafftobringbackonafutureagendaapresentationonCouncilmemberconflictof interest,includingwhatstaffcurrentlydoesandwhattheCouncilisresponsiblefor. CityManager/City
Attorney
TBD
22. 6/15/21 CouncilMeeting RequesttoprovidedateͲbasedsearchcapabilityonCitywebsite.Thenewadvancedsearch iscurrentlybeingtestedbytheCity’sWebsiteCoreTeam,andtheCityisworkingwiththe vendorstoimplementinAugust.
ITD/CityManager August2022
23. 1/12/21 CouncilMeeting ProvideaStudySessiononpros/conslifecyclecost/benefitsofartificialsurfacingincluding turf.StaffwillreturntoCouncilwithaninformationalmemo. Parks&Recreation Fall2022
24. 9/24/19 CouncilMeeting StafftoreviewtheOrdinanceandenforcementofillegalstreetfoodvendors.Atthe 9/25/20Councilmeeting,Councilaskedstafftoreviewenforcementofvendorsoutsideof Levi’sStadium
Police Summer2022
25. 4/30/19 CouncilMeeting Numberofpublictransitridersforlargestadiumevents
49ersStadiumManager TBD
26. 4/30/19 CouncilMeeting AskStadiumManagerforanalysistosupporttheirpositionthatreducingthecostof parkingwouldlikelyadverselyimpactpublictransitridership,resultinginmorecarsonthe roads
49ersStadiumManager TBD
27. 10/2/18 CouncilMeeting Amendsignordinancetoprohibitsignsonpublicproperty Parks&Rec/CityAttorney TBD
28. 3/13/18 CouncilMeeting DevelopaStadiumAuthorityFinancialReportingPolicyinconjunctionwiththeStadium AuthorityAuditorandtheexternalauditor
Finance Summer2022
City of
Santa Clara
The Center of What's Possible
SCSA --------SANT A CLARA STADIUM AUTHORITY
CITYCOUNCILANDSTADIUMAUTHORITYSTAFFREFERRALS FORFOLLOWͲUP/ACTION
Updated7/5/22
Page4
Date
Assigned
Source ItemsReferredto2022CouncilPrioritySetting AssignedDepartment Referred
1. 1/25/22 CouncilMeeting DiscusstheremedialconditionoftheInternationalSwimCenterfacility(Public PresentationfromtheSantaClaraSwimClub).ReferSwimClubFacilityCondition Discussion:CIPFacilityAssessmentofInfrastructure,siteplanfornewproposedsiteand designandconstructioncosts.
Parks&Rec 2022PrioritySetting
Session
2. 1/25/22 CouncilMeeting Discussandexploreoptionsforatransportationshuttle.CitystaffreferredtheSenior TransportationlettertoCouncil.
CityManager 2022PrioritySetting
Session
3. 1/25/22 CouncilMeeting Considercurrentjanitorialservicescontractrenewalbasedonpubliccomment experienceswithvendor.StaffwillinitiateanRFPprocessforjanitorialservicesinQ2of 2022andreporttotheCouncilforservicescommencingin2023.Thecurrentcontracthas onemoreyearoption,allowingstafftoengageinanRFPproces sandensureworkplace safety(duringCOVID)forourfacilities.
DPW 2022PrioritySetting
Session
4. 12/7/21 CouncilMeeting NeighborhoodStadiumRelationsCommittee:Actionon030SubmittedbyCouncilmember JainrequestingtofutureagendaItemtoconsideraNeighborhoodStadiumRelations Committee
CityManager 2022PrioritySetting
Session
5. 11/16/21 CouncilMeeting Transportation“QuietZone”:CityCouncilvotedatNov.16,2021CityCounciltodiscuss theTransportationQuietZoneatFebruaryPrioritySettingSessionandCitystaffwill researchanypotentialfundingsources,suchastheinfrastructurebillorgrantprograms, beforethemeeting.Staffcouldnotidentifyanygrantopportuni tiesforthisworkandalso checkedinwiththeCity’sLegislativeAdvocacyConsultant,TownsendPublicAffairs,and theywerenotawareofanyopportunitieseither.Theestimatedcostforthe“QuietZone” studyis$300,000.
DPW 2022PrioritySetting
Session
6. 11/16/21 CouncilMeeting AdoptVisionZeroPolicy:TheCityheldaStudySessiononaPotentialQuietZoneand VisionZeroPolicyattheNov.16,2021CityCouncilmeeting.Councilvotedtomovethis itemtobediscussedatthe2022PrioritySettingSessionanddirectedstafftoreturntothe Councilwithafundi
ngsource.Councilhasnotappropriatedfundsbalanceforthis purpose.
DPW/Finance 2022PrioritySetting
Session
7. 10/19/21 CouncilMeeting DiscussionofNewCityHallintoNewSantaClaraDowntownPlan.TheDowntown CommunityTaskForcerequestedascopeandcosttoanalyzerelocatingCityHall downtown.SeeCouncilreferrallogitem#3update.
CommunityDevelopment 2022PrioritySetting
Session
8. 10/19/21 CouncilMeeting DiscussionofProposalofaNewCityFilmCommission CityManager 2022PrioritySetting Session
City of
Santa Clara
The Center of What's Possible
SCSA --------SANT A CLARA STADIUM AUTHORITY
CITYCOUNCILANDSTADIUMAUTHORITYSTAFFREFERRALS FORFOLLOWͲUP/ACTION
Updated7/5/22
Page5
Date
Assigned
Source ItemsReferredto2022CouncilPrioritySetting AssignedDepartment Referred
9. 10/19/21 CouncilMeeting DiscussionofConstructionofLawnBowlFacilityforconsideration:TheCitycurrentlyhas allocated$175,000fortherepairandmaintenanceoftheLawnBowlfacility(clubhouse). TherehasbeennosubsequentactiontoreͲallocateorredirectthatamounttothedesign andconstructionofthenewLawnBowlsfacility.Giv enthecurrentbalanceinthe3001 GeneralCapitalParkMaintenanceaccount,Councilwouldneedtoreprioritizeand reallocateupto$175,000fortherequireddesignandengineeringofanewfacility.There isnofundingallocatedforconstruction.
Parks&Rec/CityManager CouncilactiononJune
21,2022mee ting.
Basedonfuture
prioritizationand
fundingavailability.
10. 10/19/21 CouncilMeeting DiscussionofRainbowCrosswalkPainting:ThisitemrequiresaCouncilPolicyandProgram, aswellasanArtApprovalProcess(liketheCityUtilityArtBoxProgramthroughthe CulturalCommission).Amajorityofcitiesthatimplementartincrosswalksfocuson privatelyfundedinstallationswithCitypermits.Basedonlimitedresearch,staffestimates anaveragecapitalcostofa
pproximately$50,000pernewArtCrosswalkiffundedbythe City.Costscanvarybasedonartwork,complexity,thedesiredcommunityprocessto choosetheartandfinalcrosswalklocation.
DPW/CityManager 2022PrioritySetting
Session
11. 10/19/21 CouncilMeeting DiscussionofInstallationofRectangularRapidFlashingBeaconCrosswalkat Kiely/Mauricia.TheCityhasover200uncontrolledcrosswalks.Staffhaspreliminarily rankedtheseforreviewbasedontraffic/speedtoestablishapriorityrankingtoperform additionalstudies.Staffiscurrentlyworkingonfinalizinganagreementwithaconsultant tostudyandanalyzeapproximatelythefirst30onth
elist.ThecrosswalkatKiely/Mauricia
isontheinitiallist.Thestudyandanalysiswillindicateifimprovementssuchasflashing beacons,hawksorotherimprovementsareneeded.Thereisanunfundedprojectinthe budgetforadditionalworkatuncontrolledcrosswalkscitywi deestimatedatabout$7M over5years.StaffseekinggrantopportunitieslikeOBAGforadditionalfunding. UncontrolledcrosswalkswerecoveredintheSafeStreetsUnfundedPrioritiesthatwere presentedtothepubliclastyearwhileballotmeasureswerebeingconsidered. DPW/CityManager 2022PrioritySetting
Session
12. 9/7/21 CouncilMeeting AgendizewrittenpetitionsubmittedbyDavidDonaldsontoafutureagendatoConsider PlacingaBallotMeasureonthe2022BallotforCharterAmendmentscallingforthevoters toconsiderCampaignReformactionsrelativetodonationsfromSantaClarabusinesses andresidents,Citymatchingfundsfordonations,fundingcaps,anddisclosuresoffunding raisingactivities.Th
ecomponentregardingMayorandCouncilsalarieswillberemoved. Directedstafftoreturnwithacomparisonofwhatothercitiesdo. CityClerk/CityAttorney 2022PrioritySetting
Session
13. 8/17/21 CouncilMeeting ImplementpilotmeetingmanagementprotocolforCouncilmeetingsrecommendedbythe CityAttorney 2022PrioritySetting City of
Santa Clara
The Center of What's Possible
SCSA --------SANT A CLARA STADIUM AUTHORITY
CITYCOUNCILANDSTADIUMAUTHORITYSTAFFREFERRALS FORFOLLOWͲUP/ACTION
Updated7/5/22
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Assigned
Source ItemsReferredto2022CouncilPrioritySetting AssignedDepartment Referred Mayorandrevisit/assessat2022PrioritySettingSession.CityAttorneytoreturntoCouncil withresolutionoutliningthisprocessatfuturePrioritySessiontoberescheduled. Session
14. 2/23/21 CouncilMeeting SanitarySewerLaterals:StafftoreturntoPrioritySettingSessionwithapresentationona costanalysisonCity’sundertakingofresponsibilityofsewerlateralsonandoptionsfor potentialgrantprogramand/orinsurancepolicies
Water&Sewer 2022PrioritySetting
Session
15. 1/5/22 JointCity/VTA
StudySessionre:
BARTtoSanta
Clara
FundingaBrokawundergroundingstudy(Estimatedat$500,000)tobeconsideredatnext PrioritySettingSession
DPW 2022PrioritySetting
Session
City of
Santa Clara
The Center of What's Possible
SCSA --------SANT A CLARA STADIUM AUTHORITY
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 7/5/22
Page ϳ
Date
Assigned
Source Referral Description Assigned
Department
Completed Resolution
1. 5/10/22 Stadium Authority
Meeting
(CP 030) by Vice Mayor Jain to discuss whether SBL contracts be sold on extra field seats. Agendize discussion whether SBL Contract should be sold on extra field seats.
City Manager June 21,
2022
Council approved SBL
contract sold on extra
field seats.
2. 4/19/22 Council Meeting Adoption of a Resolution of Intention for Parking Maintenance District No. 122 - Franklin Square. Staff to return to Council within 60 days detailing how to recover costs or other methods of enhancing revenue for the City.
DPW June 21,
2022
Completed
3. 1/5/22 Joint City/VTA Study
Session re: BART to
Santa Clara
Set a meeting with VTA near the proposed Santa Clara BART Station location to provide details to the public regarding station design. VTA conducted a May 10, 2022 City Council Study Session on the Santa Clara Station’s Architecture and Site Layout.
Funding a Brokaw undergrounding study for February 8, 2022 Priority Setting Session (not complete, referred to Priority Setting Session 2022) DPW May 10,
2022
Study Session with VTA
Complete
4. 12/14/21 Council Meeting Defer Loyalton to future meeting to develop strategy for the sale of the property and staff to coordinate a visit to the property for interested Councilmembers. Staff visits with Councilmembers was completed. Deferred item from 5/24/22 to future date.
City Manager /
Silicon Valley
Power
COMPLETED
March 8,
2022 and
June 7, 2022
Completed staff visits.
5. 1/12/21 Council Meeting Defer approval of the 1205 Colema n Gateway neighborhood park design to work with the developer within current project approvals to receive additional community input including the Old Quad on park design. The robust public input included additional outreach to the Old Quad neighborhood is complete and the Parks & Recreation Commission made a recommendation to Council on 5/17/22 for approval. The item will go to Council for consideration on June 21, 2022.
Parks &
Recreation
June 21,
2022
Council approved
schematic design with a
few additions.
City of
Santa Clara
The Center of What's Possible
SCSA
SANTA CLARA STADIUM AUTHORITY
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 7/5/22
Page ϴ
Date
Assigned
Source Referral Description Assigned
Department
Completed Resolution
6. 12/14/21 Council Meeting Action on Amendment No. 1 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Vantage CA2 Data Center and Owens Corning Facility and Related Budget Amendment: item continued to get more information on broadcasting, moving from the Northside to the stadium, and an implementation timeline
Community
Development
May 10,
2022
7. 9/28/21 Council Meeting Approve staff recommendation fo r Item 6. Public Hearing: 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) with changes to increase grant funding to $30,000 for 7 agencies and fund the remaining 4 from the City’s General Fund.
Community
Development/
Housing
8. 12/7/21 Council Meeting Written Petition (030) to be added to Future Agenda:
10A: Action on a Written Petition (Council Policy 030) Submitted by Jared Peters Requesting to Place an Agenda Item at a Future Council Meeting to Consider making a Policy Decision Regarding the City Assuming Responsibility of an Unstable and Dangerous Sound Wall in the Laurel Park East Neighborhood DPW 4/5/22 Reported at Council
Meeting; Follow-Up
assigned to staff
9. 9/7/21 Council Meeting Shorten term of amendment to the agreement for the performance of services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium from 18 months to 6 months and directed staff to return with a proposal for owning versus leasing equipment and the cost benefit for monitoring the noise data and quality of reporting.
CDD 3/8/22 Approved by Council at
3/8/22 Council Meeting
10. 12/14/21 Council Meeting Defer Loyalton to future meeting to develop strategy for the sale of the property; staff to coordinate a visit to the property for interested Councilmembers CMO/SVP 3/8/22 Approved by Council at
3/8/22 Council Meeting
11. 11/16/21 Council Meeting Consider Resolution to support the bid to FIFA for the 2026 World Cup and related events.
CMO/CAO 2/22/22 Approved by Council at
2/22/22 Council
Meeting
12. 10/26/21 Council Meeting Item 4: Presentation on Business Tax Ballot Measure and Other Potential Revenue Measures for November 2022 Ballot: Explore a business tax that strikes a balance with the value of a business-friendly city (key priority) and progressive tax with input and advice of a consultant.
CMO/Finance 2/8/22 Approved by Council at
2/8/22 Priority Setting
Session
City of
Santa Clara
The Center of What's Possible
SCSA
SANTA CLARA STADIUM AUTHORITY
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 7/5/22
Page ϵ
Date
Assigned
Source Referral Description Assigned
Department
Completed Resolution
13. 10/19/21 Council Meeting Discussion of Future Ballot Measure Discussion in 2022 for Infrastructure Bond or Tax to 2022 Priority Setting Session
CDD/City
Attorney/Finance
2/5/22 Presented at 2022
Priority Setting Session
Part 1; Outreach in
Process
14. 8/24/21 Council Meeting
(Study Session)
Directed staff to: Engage with HomeBase to design City Plan Framework and start prep for workgroup discussions , Fast-track Task Force/Housing Commission development and implementation , Fast-track HomeKey progress where possible, especially in entitlements processing and explore short-term basic services, including bathrooms, showers, laundry, cell phone charging and others
CDD/City Clerk/
City Attorney/
Police
1/25/22 Approved by Council at
1/25/22 Council
Meeting
15. 5/4/21 Council Meeting Parking Maintenance District No. 122 – Engage with property owners to discuss options for increasing their share of the annual O&M costs and potential for dissolving the district
Public Works 1/25/22 Reported at Council
Meeting
16. 8/17/21 Council Meeting
(Priority Setting
Check-In)
Directed staff to return to Council at a future date with changes to the eligibility for serving on City Commissions that expands the eligibility requirement from Santa Clara electorate to Santa Clara resident – deferred to December City Attorney 1/11/22 Approved by Council at
1/11/22 Council
Meeting
17. 8/17/21 Council Meeting
(Priority Setting
Check-in)
Direct staff to explore a consultant for a TDM Study (scope, cost, ongoing cost) and talk to other cities and gather anything that may be able to be shared CDD 1/11/22 Reported at Council
Meeting
18. 11/9/21 Council Meeting Project Homekey: Look for alternate site in Santa Clara better suited for this use CDD 11/9/21 Update t o Council emailed to Council on
3/10/22
City of
Santa Clara
The Center of What's Possible
SCSA
SANTA CLARA STADIUM AUTHORITY
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-920 Agenda Date: 7/5/2022
REPORT TO COUNCIL
SUBJECT
Tentative Meeting Agenda Calendar (TMAC)
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
The purpose of the TMAC is to provide the public advanced notifications of tentative dates of Council Study Sessions, Joint Council/Commission meetings, as well as Council Public Hearing and General Business agenda items. It is important to note that the TMAC is a Tentative Calendar planning tool and reports listed are subject to change due to Public Hearing publication requirements and agenda management.
The TMAC will be published weekly no later than Friday on the City’s website.
City of Santa Clara Printed on 6/30/2022Page 1 of 1
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6/30/2022 11:06:47 AM
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Tuesday, July 12, 2022 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Closed Session
22-896 Conference with Labor Negotiators
Study Session
22-886 Joint City Council and Planning Commission Study Session on Housing Element Update
Public Hearing/General Business
22-735 Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 1040 Di Giulio Avenue, Santa Clara, California, from John P. Anderson, as Trustee of the John P. Anderson Revocable Living Trust, Dated September 11, 1984
22-737 Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW LLC
22-841 Public Hearing: Actions on a Multi-family Residential Project at 3141 - 3155 El Camino Real
22-883 Action on Consideration of Installation of Centerline Pavement Striping on Bray Avenue
Written Petition
22-869 Action on a Written Petition (Council Policy 030), Submitted by Cecilia Aguiar Requesting to Place an Agenda Item on a Future Council Meeting to Consider Traffic Calming Measures on Cabrillo Avenue
COUNCIL RECESS JULY 13, 2022 – AUGUST 15, 2022
City of Santa Clara
Tentative Meeting Agenda Calendar
Note: These proposed dates are tentative and subject to change based on staff capacity, meeting management, and deferred items by Council requiring other items to free up agenda meeting time.
Tuesday, August 16, 2022 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Special Orders of Business
22-828 Proclaim August 2022 as American Muslim Appreciation and Awareness Month
Public Hearing/General Business
Written Petitions
22-858 Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk Positions from Elected to Appointed
22-870 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss working with the Water District and any other agency with Jurisdiction to Widen the San Tomas Aquino Trail. The Discussion Should also include a Discussion of the Costs of a Study to Look at all the Opportunities for Widening the Trail and Associated Costs.
22-871 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Allocating up to $150K to create a Neighborhood Stadium Relations Committee using funds from the SCSA budget (not the City of Santa Clara General Fund)
Tuesday, August 30, 2022 Council and Authorities Concurrent Meeting
Special Order of Business
22-650 Proclamation of September 2022 as Community Preparedness Month
22-836 Verbal Report Update from City Manager Regarding the Local Drought Emergency
Public Hearing/General Business
22-839 Response to Written Petition Santa Clara Tree Canopy Advocacy
Written Petitions
22-872 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Potential Uses, Unfunded Repairs and Finances (Income and Expenses) of Operating and Maintaining the Morse Mansion
22-873 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Changing the Parking Policy Since Providing Free Parking is Very Expensive
Tuesday, September 13, 2022 Council and Authorities Concurrent Meeting
Special Order of Business
22-829 Proclaim September 15, 2022, to October 15, 2022, as National Hispanic Heritage Month
Public Hearing/General Business
Council Items TBD
Tuesday, September 27, 2022 Joint Council and Authorities Concurrent and Stadium Authority Meeting
Special Order of Business
22-696 Proclamation of October 2022 as National Community Planning Month
Tuesday, October 4, 2022 Council and Authorities Concurrent Meeting
Special Orders of Business
22-831 Proclaim October 2022 as Breast Cancer Awareness Month
22-832 Proclaim October 2022 as Domestic Violence Awareness Month
Public Hearing/General Business
22-151 PLACEHOLDER: Consideration of Silicon Valley Power Quarterly Strategic Plan Update
22-208 Action on the Introduction of a Resolution to Modify the Files Management Manual for the City of Santa Clara
Tuesday, November 15, 2022 Council and Authorities Concurrent Meeting
Special Orders of Business
22-833 Proclaim November 2022 as Sikh Awareness and Appreciation Month
Tuesday, December 13, 2022 Council and Authorities Concurrent Meeting
Public Hearing/General Business
22-276 Housing Element Update Adoption
AGENDA ITEMS TO BE SCHEDULED TO A FUTURE DATE
21-1318 Action on Amendment No. 1 to the Agreement for Services with NewGen Strategies and Solutions LLC to Perform a Cost of Service Analysis and Rate Study for Silicon Valley Power
22-000 Response to Vice Mayor Jain’s Written Request to Discuss making the Youth Soccer Park Parking Lot available when there are no events at the Youth Soccer Park (soccer gets absolute priority) in order to Generate Revenue for the City approved to be agendized to a future meeting
22-184 Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Jain Requesting to expand the scope of a previous council written request relating to the Youth Soccer Park Parking Lot (Council Policy 030) agenda item already approved to be agendized at future meeting for discussion with additional topics: 1) Under Measure-R, can the City contract out annually to the SCYSL to manage parking the parking lot as it sees fit and charge for parking when there is no soccer activity at YSP? The Parks and Rec department would retain control and could override any decision by the SCYSL. 2) It is my understanding that there have been games at the YSP but no practices this past year due to lack of City staff to schedule practices. I would like a discussion of how scheduling works at the YSP and Reed and Grant. Are only SCYSL events allowed at YSP? Under Measure R, could the SCYSL do its own scheduling, again with override authority (ultimate control) by Parks and Rec? 3) Can the City prioritize staffing a scheduler for YSL as Parks and Rec begins to hire more staff that was reduced under COVID so that we can start having practices at YSP? 4) If staffing for scheduling is short for YSP, can the City look at acquiring some facilities scheduling software to make the process more efficient? SCUSD uses Facilitron. Perhaps this software could be used to schedule all parks and rec facilities. It would be nice for the public to make scheduling requests online to Parks and Rec for meeting rooms, picnic areas, etc. and 5) Can we get a report of the staffing and budget needed to support soccer at YSL and Reed and Grant?
22-000 Response to a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss how to change the noticing policy so as to reach more people 22-000 Response to Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Whether SBL Contracts Should be Sold on Extra Field Seats
22-000 Action on a Written Petition (Council Policy 030), Submitted by Brian Doyle, to Place an Agenda Item at a Future Council Meeting to Discuss an Explanation by Councilmember Kevin Park of the Apparent Inconsistent Statements in Official Filings Regarding His Employment and Sources of Income – Return at a later date upon completion of litigation.