City of Santa Clara
Attachment No. 1
Bid Summary
22-918
REPORT TO COUNCIL
SUBJECT
Action on Award of Contract for the Mission Library Gazebo Rehabilitation Project (CE 20-21-07)
BID SUMMARY Bid Opening Date: June 29, 2022
ENGINEER’S ESTIMATE: $ 194,000
Contractor Total Bid ($) Percentage above/below
Engineer’s Estimate
Innovate Concrete $169,563.00 -13%
QLM, Inc. $187,000.00 -4%
Suarez and Munoz Construction,
Inc. $192,000.00 -1%
VNH Builders $232,586.00 20%
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1603 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action on an Agreement with Wonderware, Inc., doing business as CORE Business Technologies (CORE), for a Central Cashiering System
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
CORE’s One-Step is currently the City’s central cashiering system to record approximately $100 million in customer payments each year. The One-Step application is used to record over-the-counter transactions, enabling customers and residents to pay for a variety of non-utility services, including business license fees, departmental deposits, accounts receivable receipts and citywide fee schedule charges.
The system was implemented in 2004 and is now being sunset by the vendor.
DISCUSSION
Staff has relied on City Code Section 2.105.290(b)(3) to acquire goods or services directly from vendors on terms obtained through a formal bidding process conducted by another public agency, also referred to as “piggybacking.” Based on past best practices related to appropriate use of piggyback contracts and its interpretation of this section, staff is recommending entering into a new agreement with CORE pursuant to the Request for Proposals (RFP) process conducted by Ramsey County, MN in which CORE was selected for award.
The proposed agreement will implement CORE’s iPayment Enterprise which offers more functionalities than OneStep. iPayment Enterprise is an updated software solution that allows for improved cash controls and end-of-day processing. As a cloud-based solution, the City is ensured that it is always operating on the latest software release with the most up-to-date disaster recovery and payment data security features.
The initial term of the proposed agreement is five years with a maximum compensation of $516,816, which includes a one-time fee of $164,500 for professional services required to implement the system; a one-time amount of $14,855 for teller devices and credit card terminals; an amount of $251,325 ($50,265 per year) for software subscription, hosting, and transaction fees over five years; and $86,136 as contingency for additional products and services. These costs represent staff’s best estimate based on an annual transaction volume of 25,000 payments and current assessment of required services.
Pricing was benchmarked against the contract with Ramsey County. Therefore, staff deemed pricing City of Santa Clara Page 1 of 2 Printed on 8/5/2022
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22-1603 Agenda Date: 8/16/2022
to be fair and reasonable. After the initial five-year term, price adjustments are capped at 5%.
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 15060(c)(2) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The Finance and Human Resources Management Systems (FHRMS) Update Project budgeted in the General Government Capital Fund in the FY 2022/23 Adopted Capital Budget has sufficient funding for the one-time costs, including $164,500 for professional services required to implement the system and $14,855 for teller devices and credit card terminals as well as project contingency costs of up to $86,136.
The Finance Department operating budget has sufficient General Fund funding in the FY 2022/23 Adopted Operating Budget to cover the estimated annual cost of $50,265. Funding for future years will be factored into the annual budget.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager to execute an agreement with Wonderware, Inc., doing business as CORE Business Technologies, to provide software, hardware, and related professional services for a central cashiering system, with an initial term of five years starting on or around September 1, 2022 and ending on or around August 31, 2027, with maximum compensation not-to-exceed $516,816, subject to the appropriation of funds; and
2. Authorize the City Manager to amend the agreement to extend the term after the initial five-year term for as long as the system is being used by the City, subject to the appropriation of funds.
Reviewed by: Kenn Lee, Director of Finance
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Agreement with Wonderware, Inc., doing business as CORE Business Technologies City of Santa Clara Page 2 of 2 Printed on 8/5/2022
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EBIX Insurance No. S200004825
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WONDERWARE, INC. DBA CORE BUSINESS TECHNOLOGIES
PREAMBLE
This Agreement is entered into as of the City's execution date ("Effective Date") between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wonderware, Inc., doing business as CORE Business Technologies, a Rhode Island corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to purchase a fully hosted Cashiering System ("System" or "Software") and secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A- Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - CORE Master License Agreement
Agreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
Exhibit E - Minimum Hardware Requirements/Communication and Connectivity Requirements
Exhibit F - Support, Escalation and SLA Policy
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.
Notwithstanding the foregoing, the terms of the CORE Master License Agreement shall prevail with respect to the Licensed Program (as defined in Exhibit D) only.
2. TERM OF AGREEMENT
A. Initial Term. 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 begins as of the Effective Date and will continue in effect for five (5) years from the commencement of the Business Requirements Design Meeting ("Initial Term").
B. Renewal Term. If the City wishes to extend the term after the Initial Term, it shall serve notice in writing to Contractor not less than ninety (90) days prior to the end of the Initial Term. In the absence of such notice, this Agreement will automatically renew for additional successive one (1) year terms unless terminated pursuant to Section 7 of this Agreement (a "Renewal Term" and, collectively, with the Initial Term, the "Term").
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor agrees to provide the System and perform the Services as set forth in the Implementation Scope of Services (Exhibit A), CORE Master License Agreement (Exhibit D) and Support, Escalation and SLA Policy (Exhibit F), which are attached hereto and incorporated herein. Time is of the essence.
4. WARRANTY FOR PROFESSIONAL SERVICES
Contractor expressly warrants that all services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the Final Business Requirements Design Document, requirements and instructions upon which this Agreement is based. Contractor shall warrant its Services for a period of one (1) year after acceptance. If City notifies Contractor within the warranty period of a breach of the foregoing warranty, Contractor shall reperform such Services, at no cost to the City, in compliance with the foregoing warranty when defects are due to the negligence, errors or omissions of Agreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
Contractor. If Contractor fails to correct the services within thirty (30) days of notice, City may make corrections and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
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 set forth in Section 1 of Exhibit Band is 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 after the Initial Term, by giving not less than Ninety (90) days' prior written notice to Contractor.
B. Customer's funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Contractor acknowledges that City, a municipal corporation, is precluded by the California State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the City to appropriate funds for purposes of this Agreement. This Agreement will terminate immediately if funds necessary to continue the Agreement are not appropriated. Despite the foregoing, the Customer shall pay Contractor for any Services performed in accordance with this Agreement up to the date of termination.
C. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies Agreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
D. 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, each Party will deliver to the other Party all information or material that it 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, which such approval shall not be unreasonably withheld or delayed. 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.
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 one Party in performance of this Agreement shall be held confidential and shall not, without the prior written consent of the other Party, 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 one Party which is otherwise known to the other Party or becomes generally known to the related industry shall be deemed confidential.
Agreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
12. OWNERSHIP OF MATERIAL
City and Contractor agree that Contractor shall own the entire right, title, and interest, including patents, copyrights, and other intellectual property rights, in and to all tangible materials, inventions, works of authorship, software, information and data conceived or developed by Contractor in the performance of the project, or developed using Contractor's facilities or personnel. City and Contractor agree that City shall own the entire right, title, and interest, including all patents, copyrights, and other intellectual property rights, in and to all tangible materials, inventions, works of authorship, software, information and data solely conceived and developed by City's facilities or personnel, but shall not include intellectual property of Contractor.
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 to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen Agreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
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: Finance Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
Wonderware, Inc. dba CORE Business Technologies
950 Warren Avenue 4th Floor
East Providence, Rhode Island 02914
Agreement with Wonderware dba CORE Business Technologies 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://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party Agreement with Wonderware dba CORE Business Technologies 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.
Notwithstanding the foregoing, any changes to this Agreement that relate to (i) the deletion of Services, (ii) adding additional Services, or (iii) changing or modifying Services, not to exceed the maximum compensation of this Agreement, shall be made by a written Change Order signed by both City and Contractor project representatives.
The change order shall be prepared in a form that sufficiently describes the change, delineate the cost, schedule, and other impacts of the change and the payment terms for any price increase.
25. EXECUTIVE ORDER N-6-22
In order to comply with the Governor's Executive Order, the following information is provided which will be included in City bids and agreements until such time that the EO is rescinded.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-RussiaUkraine-Executive-Order.pdf.
The EO directs the City of Santa Clara to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia's actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russia-relatedAgreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
26. 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: --------------
Office of the City Attorney
City of Santa Clara
"CITY"
RAJEEV BATRA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WONDERWARE, INC. OBA CORE BUSINESS TECHNOLOGIES
a Rhode Island corporation
07/07/2022
Dated:
By (Signature):
-~1::,-w-,, ~PIUW.-,.,._,--------------
------------------ Name: Dan Paulus
Title: Chief Executive Officer
Principal Place of 950 Warren Avenue 4th Floor
Business Address: East Providence, Rhode Island 02914
Email Address: [email protected]
Telephone: (866-567-2673) ext 1478
Fax: ~~--.. -C-0-N--TRA_C_T_O_R_" _________ _
Agreement with Wonderware dba CORE Business Technologies Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES FOR !PAYMENT ENTERPRISE SOLUTION
1. INTRODUCTION
1.1. The City wishes to implement Contractor's iPayment Enterprise, a vendor-hosted centralized cashiering system.
1.2. This scope of services defines the principal activities and responsibilities of Contractor and the City for system configuration and implementation and includes the Departmental Deposits and Short-Term Undistributed Payments solution.
1.3. Under this Agreement, Contractor shall provide all professional services required to deliver items in this Exhibit A and in the Business Requirements Design Document (BROD).
2. PROJECT MANAGEMENT
2.1. Both City and Contractor agree to appoint a principal point of contact, identified as "Project Manager", to whom all communications between the parties with respect to deployment of this project shall be directed.
2.2. The Contractor's Project Manager shall be the primary person communicating with the City and keeping City fully apprised on the status and progress of the project. The Contractor's Project Manager shall also be responsible for project schedule updates in Maven link; creation and preparation of progress reports which are available in Mavenlink and meeting minutes which can be provided as transcripts of recorded meetings; adherence to project scheduling; and general project coordination. City users will be granted access to Mavenlink.
2.3. In general, the Contractor's Project Manager has the leadership role in carrying out the scope of work and implementation to successful completion and go-live. The City's Project Manager is primarily a support role to ensure the City's requirements are met and project is completed successfully and on schedule. City and Contractor Project Managers will jointly coordinate day-to-day execution of the project schedule. City and Contractor Project Managers will collaboratively manage project scope, budgets, issues, risks, communications and Change Orders.
3. CITY RESPONSIBILITIES
The City shall:
3.1. Provide appropriate personnel for the project.
3.2. Provide access to appropriate personnel as required by Contractor during configuration, development, installation, and training.
3.3. Allow Contractor to have VPN access to host system test and production application and database instances. Contractor shall conform to the security protocol of the City.
Agreement with Wonderware dba CORE Business Technologies/Appendix A1 to Exhibit A Page 10 of 38 Rev. 07-01-18
City will work with Contractor to determine the best approach for accessing Contractor's data center to support the ASP hosting.
3.4. Be responsible for setting up and managing the merchant banking and credit card accounts and all associated costs and respective fees where applicable.
3.5. If City chooses to implement the optional ICL/ACH service, City shall comply with the rules and regulations governing electronic check (ACH) transactions as published from time to time by the National Automated Clearing House Association. City will also comply with the rules, policies and procedures of the payment card issuers. Should the City be notified by its vendor(s) in writing that it is not in compliance with such rules, regulations, policies and procedures, City will comply within (90) days of receipt of written vendor notification.
3.6. Acquire and maintain third party software licenses, equipment and communication services necessary to connect to the CORE ASP and to download, print and otherwise process data delivered by the CORE ASP, including but not limited to desktop computers, network servers and printers, applications software and operating system software, telecommunications connections and Internet services.
4. IMPLEMENTATION
4.1. General Responsibilities
4.1.1. Contractor shall provide a Welcome Guide to the City. This will be accomplished as part of the Business Requirements Design Meeting described below.
4.2. Business Requirements Design
4.2.1. Contractor shall conduct a remote Business Requirements Design Meeting to review project scope and deliverables, functionality, and integration requirements.
4.2.2. Within fifteen ( 15) business day of the Business Requirements Design Meeting, Contractor shall prepare and deliver to City an Initial Business Requirements Design Document (BROD). The City shall provide a written response to the Initial BROD and all subsequent versions within ten (10) business days from receipt.
4.2.3. Contractor shall incorporate any feedback from the City on the Initial BROD.
Once the City accepts the BROD in writing, the document will be incorporated herein as the controlling functional document for all system acceptance testing performed by the City.
4.3. System Configuration
4.3.1. Contractor shall add interfaces as outlined in Section 2 of Exhibit B which are used in OneStep, the existing version of Contractor's central cashiering system.
Agreement with Wonderware dba CORE Business Technologies/Appendix A 1 to Exhibit A Page 11 of 38 Rev. 07-01-18
4.3.2. Contractor shall configure Undistributed Payments to be handled through baseline iPayment configuration as a short-term measure and prior to implementation of the Undistributed Payments/Trust Module as identified in Section 5.1.4. Configured functionality will consist of the following:
4.3.2.1. Establish a Transaction Type for the undistributed payments with an identifier (e.g., account number, checking account number, or full name), description, contact information (e.g., name, address, phone, email), etc. where the user collects as much as they can.
4.3.2.2. Create, save, and run a Transaction Type Report in detail for the Undistributed Payment type with a CSV output of all data elements.
4.3.2.3. City will import the CSV into a system like Microsoft Access or Excel where the data can be manually tracked and manipulated.
4.3.2.4. Use CORE's Reversal process to then apply the money when the time comes.
4.3.3. Contractor shall implement credit/debit card processing to the Managed Services Gateway.
4.3.4. Contractor shall configure merchant and bank information in the Managed Services Gateway with appropriate merchant and bank information.
4.4. Testing and Final Acceptance
4.4.1. Contractor shall stand up and configure Development, Test and Production instances in its data center for integrated host system processing.
4.4.2. Contractor shall provide testing and quality assurance prior to delivery to the City's Test Environment. The City shall conduct a 30-day user acceptance testing (UAT) in accordance with the Final BROD. During UA T, the City and Contractor shall prepare a punch list of items required to complete system configuration and implementation in accordance with the Final BROD. Contractor shall provide corrections and/or action plan for golive critical punch list items within ten (10) business days of City's notification.
4.4.3. Deficiencies identified during testing that are not within the Final BROD may result in a Change Order. Any additional cost will be in accordance with the rates set forth in Exhibit B.
4.4.4. The City shall approve the go-live date but no later than thirty (30) calendar days after Contractor's completion of go-live critical punch list items. Upon City's approval, Contractor shall perform final quality assurance for the City to use iPayment in a production capacity.
Agreement with Wonderware dba CORE Business Technologies/Appendix A1 to Exhibit A Page 12 of 38 Rev. 07-01-18
4.4.5. Within 30 calendar days after go-live and following completion of all punch list items, delivery of Documentation (user and admin guides), completion of training, and City's validation that the system meets the Final BROD, both parties will execute the Final System Acceptance Certificate (Appendix A 1) to memorialize system acceptance. Additional services procured by the City after the Contractor has begun configuration of the Development, Test and Production instances will not be deemed punch list items, unless both parties agree otherwise.
4.4.6. By executing the Final System Acceptance Certificate, the City agrees to pay Contractor any remaining and approved outstanding invoices and any previously withheld retainage.
4.5. Documentation
4.5.1. Contractor shall provide administrative and user documentation.
4.6. Training
4.6.1. Contractor shall provide training to the City on the system that includes training for administrators and end users. Training hours are as identified in Exhibit B.
4.6.2. Training will be conducted in the "train the trainer" format with the provision of suitable materials that will permit the City to train its own staff using the User and Administrative guides. Contractor will offer one (1) User, one (1) Administrative and one (1) Report training online. Additional online training can be scheduled with the Contractor during the term of the agreement at current daily rate.
5. ADDITIONAL SERVICES
5.1. At its sole discretion, the City may elect to implement the following additional services/products:
5.1.1. Online Portal to constituents' self-service payments for miscellaneous fees and transactions.
5.1.2. Reconciliation Services Gateway
5.1.3. Access Reporting Tool Replacement (Needs final discovery and specification should City choose to move forward).
5.1.4. Undistributed Funds/Trust Module (Module delivered based on CORE roadmap).
5.1.5. Optional ICL Processing
5.2. Maximum compensation for such additional services/products is set forth in Exhibit B, except where more discovery and final scope is needed. Initial estimates are listed in Agreement with Wonderware dba CORE Business Technologies/Appendix A1 to Exhibit A Page 13 of 38 Rev. 07-01-18
Exhibit B based on initial information. Contractor will provide actual cost when scope is finalized.
5.3. Contractor shall not provide any additional services/products without prior written authorization from the City including a final scope of services for such services.
Agreement with Wonderware dba CORE Business Technologies/Appendix A1 to Exhibit A Page 14 of 38 Rev. 07-01-18
APPENDIXA1
FINAL SYSTEM ACCEPTANCE CERTIFICATE
This Final System Acceptance Certificate is provided with reference to the Agreement for Services between the City of Santa Clara and Wonderware, Inc., doing business as CORE Business Technologies, for the configuration and implementation of iPayment Enterprise.
Contractor and the City acknowledge that:
1. Contractor has delivered all system or product documentation promised under this Agreement.
2. The system is accepted, and all punch list items generated during testing have been completed.
3. By acknowledging the Final Acceptance of the System, the City agrees to pay any remaining and approved outstanding invoices to Contractor, including previously withheld retainage.
Wonderware, Inc., doing business as CORE Business Technologies By:
Name:
Title:
Date:
City of Santa Clara
By:
Name:
Title:
Date:
Agreement with Wonderware dba CORE Business Technologies/Appendix A 1 to Exhibit A Page 15 of 38 Rev. 07-01-18
1. MAXIMUM COMPENSATION
EXHIBIT B
SCHEDULE OF FEES
The maximum amount payable for all materials and services provided under this Agreement shall not exceed Five Hundred Sixteen Thousand Eight Hundred Sixteen Dollars ($516,816) during the Initial Term of the Agreement, subject to the appropriation of funds. Any additional services or products requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to this Agreement.
After the Initial Term, the maximum compensation shall be based on the funds appropriated for the applicable renewal term.
T a bl e B1 F Ive-Y C S ear ost ummarv
Description Amount
One-Time Fees
Implementation Fee $164,500
Peripheral Hardware $14,855
Recurring Fees
Year1 $50,265
Year2 $50,265
Year3 $50,265
Year4 $50,265
Year5 $50,265
Subtotal $430,680
20% Contingency for Additional Products & Services $86,136 Maximum Compensation $516,816
2. !PAYMENT ENTERPRISE IMPLEMENTATION
2.1. Contractor shall configure and implement the iPayment Cashiering System as set forth in Exhibit A for a fixed fee of $164,500, a breakdown of which is provided below in Table B2.
Table B2: Breakdown of One-Time Implementation Fee
Description
iPayment Enterprise - iCashiering, Admin Center Base Setup Fee • Base system setup and database configuration
• Design Specification Documentation
• System Configuration
• QA Testing
Project Management
• Oversight of CORE Cashiering project deliverables for project duration .
Any changes in project scope impacting the project timeline will result in an extension of project manaQement resources at $2,500/month Interface Development
Agreement with Wonderware dba CORE Business Technologies/Exhibit B Rev. 07-01-18
Amount
$30,000.00
$25,000.00
Description Amount
• Peoplesoft AIR Inquiry & A/R Batch Update - $7,500/definition $15,000.00 • Peoplesoft Financials Validation & Batch Update (GL validation to be performed at the segment level, after the complete chart of accounts $15,000.00 has been filled in) - $7,500/definition
• HDL - $7,500/definition (based on an inquiry & update web services $15,000.00 API) Single Sign-On Integration $15,000.00
One-Step to iPayment Implementation and Implementation Services (140 $31,500.00 hours) eBusiness Requirements Design
• Covers 40 hours:
■ Departmental Meetinqs $9,000.00
■ Data gathering for Design Specifications Document
■ Additional 8-hour blocks at $1,800/day
Remote Training and Deployment Support - 40 hours (additional 8-hour $9,000.00 blocks at $1,800/day) Documentation (includes user and admin guides) Included TOTAL $164,500.00
2.1.1. Contractor is not responsible for third party integration, license or use fees except to the extent such third-party products are part of the integration delivered to Customer.
2.2. Progress payments shall be made to Contractor by City based on net thirty (30) days payment terms as detailed in Table B3, following delivery of designated milestones.
T a bl e B3 P aymen t S h d c e u e I
Payment Schedule Amount
l20% Upon delivery of Initial BROD $32,900.00
10% Upon Customer acceptance of BRO Document $16,450.00 30% Upon Delivery of Project to Test Environment $49,350.00 30% Upon Movement of Project into Production Environment* $49,350.00 10% Upon Final System Acceptance $16,450.00
Total $164,500.00
*If the City causes delay of more than 60 days to project plan, the parties agree that the payment schedule will be adjusted so that the 30% Upon Movement of Project into Production Environment will change to 20% due at originally agreed upon date and 10% at actual date.
2.3. City shall notify Contractor of any disputes related to deliverables within fifteen (15) calendar days of receipt of invoice. Parties shall work cooperatively to resolves all disputes within thirty (30) calendar days.
3. RECURRING FEES
The recurring fees set forth in Table B4 below will serve as the baseline for the recurring fees to be charged during any Renewal Term. Contractor will notify City of any changes to the fees for any Renewal Term at least forty-five (45) days prior to the start of the Renewal Term. Any increase to the fees for the first Renewal Term following the Initial Term may not exceed five percent (5%).
Agreement with Wonderware dba CORE Business Technologies/Exhibit B Rev. 07-01-18
Additional increases may be applied at any time during the Initial Term if required quantities/transactions increase.
Table 84: Breakdown of Recurring Fees
iPayment Enterprise - 5-year term Annual Recurring Fee
iPayment Enterprise Subscription License includes: 1 $17,940.00 • iCashiering - POS, Remote Departments
• Adm in Center- for research, reports, and configuration • Enterprise license - Unlimited users,
• Unlimited number of collection points,
• Up to an initial 25,000 annual transactions,
• Annual License Maintenance and Support
Additional Transaction Volume block option:
• Additional 10,000 annual transaction block - $545/month • Additional 25,000 annual transaction block - $835/month • Additional 50,000 annual transaction block - $1,585/month CORE ASP (Hosting Service)2 $30,000.00
• PCI-DSS Level 1 Compliant Data Center
• 24/7 Security Monitoring
• Hardware Management and Support
• IIS Server & Licensing
• dB Server & Licensing
• Test Instance
• Production Instance
• Up to an initial 25,000 transactions per year
Additional Transaction Volume blocks:
• Additional 10,000 annual transaction block - $295/month • Additional 25,000 annual transaction block - $425/month • Additional 50,000 annual transaction block - $795/month RECURRING MONTHLY LICENSE AND HOSTING FEES - SUBTOTAL $47,940.00 Managed Service Credit Card Gateway Annual Recurring Fee Gateway fee ($0.07/transaction, up to 7,500 trans/year) 3 $525.00 EMV & P2PE Support License per card device, ($360.00/year/5 devices)3 $1,800.00 MANAGED SERVICES GATEWAY-SUBTOTAL $2,325.00
ANNUAL RECURRING FEES -TOTAL $50,265.00
125% of the amount will be billed quarterly, or $1, 121.25 per quarter, in advance commencing with the date of the Business Requirements Design Meeting. Thereafter, 100% of the amount, or $17,940.00, will be billed annually Upon Movement of Project into Production Environment. 2 100% of the amount will be billed annually in advance commencing Upon Delivery of Project to Test Environment.
3Billed annually commencing Upon Movement of Project into Production Environment.
Agreement with Wonderware dba CORE Business Technologies/Exhibit B Rev. 07-01-18
4. PERIPHERAL HARDWARE
Table 85: Peripheral Hardware
Description Unit Price Qty Total
TM-S9000 All-in-One Multi-Functional Device
(Supports Receipt Printing, MICR Reader, OCR $1,846.00 5 $9,230.00 Scanning, ID Card and Check Imaging (ICL) for Check 21), includes 2-year warranty
• 2-year Extended Warranty for Multifunctional $200.00 5 $1,000.00 Device Integrated Secure Entry EMV & P2PE Compliant
Credit Card Terminals - (Requires Monthly $925.00 5 $4,625.00 EMV/P2PE fees of $30.00/Terminal), includes 1-year warranty
TOTAL HARDWARE COST $14,855.00
Peripheral hardware is shipped FOB Destination, Freight Prepaid and Add.
5. ADDITIONAL PRODUCTS AND SERVICES
The City has set aside the amount of $86,136 for the payment of additional products/services that may be required during the term of the Agreement. No additional products or services will be performed unless both parties execute a Change Order or an Amendment to the Agreement outlining the services/products requested and the compensation agreed for such services.
Additional products/services shall be separately negotiated to paid on a lump sum or time and material basis at the rates set forth in Table B6, as authorized by the City.
Table 86: Fees for Additional Products and Services
Description
Online Portal
• One-time setup fee based on the following criteria:
o Project kickoff (finalize project scope and schedule) o Provide up to (10) transaction types
o Provide integration for up to (2) host systems
o Provide website integration strategies (desired City look and feel)
• Project manaqement fee ($2,500/month (cu 6 months)
• Additional one-time setup fee for ACH File for online eCheck Tender
• Recurring ACH Daily File Support for online eCheck Tender ($295/month)
Reconciliation Services Gateway
• One-time setup fee
• No additional project management fee
• Annual recurrinq license fee
Agreement with Wonderware dba CORE Business Technologies/Exhibit B Rev. 07-01-18
Not-to-Exceed
Amounts
$30,000
$15,000
$9,000
$3,540 per year
$7,500 per bank
Ill/I
$18,000 per year
Description Not-to-Exceed
Amounts
Access Reportina Tool Replacement
• One-time setup fee $9,000
• Project manaqement fee (3 months @ $2,500/month) $7,500 • One-time CORE developed data imports and ad-hoc reports $35,000 - $75,000 (actual amount will be based on final discovery and specification) • Annual recurring license fee $11,940 per year
• Additional detailed discovery will be required to determine needs, scope, product fit and final pricinq
Undistributed Funds/Trust Module
• One-time setup fee (actual amount will be based on final $13,500 - $18,000 discovery and specification) • Annual recurrinq license fee $11,940 per year
Optional ICL Processina
• One-time setup fee for ICL File Creation at POS $9,000 • Recurrinq ICL Daily File Support ($295/month) $3,540 per year Hourlv Rates for Other Services
Custom Programming $281.25/hour or
$2,250.00 per day
6. INVOICING
City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
Agreement with Wonderware dba CORE Business Technologies/Exhibit B Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Wonderware dba CORE Business Technologies/Exhibit C Rev. 07-01-18
D. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
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.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);
4. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided Agreement with Wonderware dba CORE Business Technologies/Exhibit C Rev. 07-01-18
5. 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 nonrenewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
Agreement with Wonderware dba CORE Business Technologies/Exhibit C Rev. 07-01-18
H. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
I. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected]:
Or by mail to:
EBIX Inc.
City of Santa Clara - Finance Department
P.O. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
J. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Wonderware dba CORE Business Technologies/Exhibit C Rev. 07-01-18
EXHIBIT D
CORE MASTER LICENSE AGREEMENT
This Master License Agreement ("License Agreement"), made and entered into by and between Wonderware Inc. d/b/a CORE Business Technologies, (hereinafter called "CORE"), a corporation duly authorized and existing under the laws of the State of Rhode Island and having its principal offices at 950 Warren Avenue, 4th Floor, East Providence, RI 02914, and the City of Santa Clara, (hereinafter "Customer"), a California municipal corporation.
This License Agreement is an Exhibit to the Agreement for Services between the City of Santa Clara and Wonderware, Inc. d/b/a CORE Business Technologies dated ____________ and is incorporated into the Agreement by this reference.
1. SECTION 1 - DEFINITIONS
The definition of terms set forth in this section shall apply when such terms are used in this Agreement, its exhibits, and any amendments:
1.1. "Agreement Term." The period commencing on the Effective Date and continuing through the Term of the Agreement for Services between the City of Santa Clara, California and Wonderware, inc. dba Core Business Technologies ("Agreement').
1.2. "CORE ASP". The PCI-DSS level-1 certified environment managed by CORE from where the Licensed Program is hosted.
1.3. "Enhancements." Changes or additions, other than Error Corrections, to the Licensed Program that add significant new functions or substantially improved performance thereto by changes in system design or coding.
1.4. "Error." A problem caused by incorrect operation of the computer code of the Licensed Program or other issue that produces incorrect results or causes incorrect actions to occur.
1.5. "Error Correction." Either a software modification or addition that, when made or added to the Licensed Program, establishes material conformity of the Licensed Program, or a procedure or routine that, when observed in the regular operation of the Licensed Program, eliminates the practical adverse effect on Customer of such non-conformity.
1.6. "Effective Date." The "Effective Date" found in the Agreement
1.7. "Final Project Specification": The project functionality specification developed by CORE as a result of the design meetings in cooperation with the Customer that is agreed to in writing by the parties.
1.8. "Licensed Program." The computer program specifically identified within the Exhibits herein as applications within the iPayment Enterprise product line, including object code, written and electronic documentation as well as related procedural code, Enhancements, Error Corrections, and Custom Modification.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
1.9. "Normal Working Hours." The hours between 8:30 AM and 5:00 PM Pacific Time.
Monday through Friday, excluding regularly scheduled holidays of CORE.
1.10. "Privacy Laws." All present and future laws and regulations relating to the privacy of individually identifiable medical, financial or other information including, the Health Insurance Portability and Accountability Act of 1996 and rules and regulations promulgated thereunder (HIPAA).
1.11. "Proprietary Information and Intellectual Property." Unpublished and published "knowhow" and "trade secrets" which shall include, without limitation, the Licensed Program, computer programs, program designs, algorithms, subroutines, system specifications, test data, charts, graphs, operation sheets, and all other technical information, owned by CORE or under its control, relating to the development and production or use of the Licensed Program and the design, configuration, programming, and protocol of the Licensed Program.
1.12. "Specifications." The functional performance parameters of the Licensed Program as developed by CORE.
1.13. "Transaction" The creation of a record in the system transaction table with a uniquely assigned transaction reference number. Examples: (i) the posting of a single transaction to a receipt tendered by one or more payment types (tenders) will result in a single transaction record, (ii) the posting of more than one transactions to a receipt tendered by one or more tenders will result in transactions equal to the number of items, (iii) the posting of a parent transaction (i.e. customer lookup) containing child transactions (i.e. invoices) will result in the creation of transactions equal to the number of items plus the number of child transactions.
1.14. "Users." The designated Customer employee(s) including contracted staff for whom a unique identifier and password have been assigned by Customer to access and operate the Licensed Program.
2. SECTION 2 - GRANT OF LICENSE, USE OF LICENSED PROGRAM
2.1. Scope of License. Subject to compliance by Customer with the terms hereof, CORE hereby grants to Customer, for the Agreement Term, unless terminated as provided herein, a personal, non-exclusive, non-transferable license (without the right of sublicense), to: access the Licensed Program and use it only in object code form solely on computers owned or leased and used by Customer at its facilities, for up to the number of Transactions specified in Exhibit B, for the sole and express purpose of supporting the internal business activities of Customer.
2.2. Testing and Acceptance. Customer shall have 30 days from the first date the development system is available to Customer (the 'Test Period") to test the Licensed Program to determine whether it functions materially in accordance with the Specifications. The Licensed Program will be deemed satisfactory to Customer and accepted by Customer unless Customer provides notice to CORE within the Test Period describing in detail any Errors in the Licensed Program. If Customer delivers a timely notice to CORE of any such Errors during the Test Period, CORE will correct those identified Errors that can be repeated by CORE within a reasonable time. If CORE is unable to correct said Errors within a reasonable time after receiving notice, Customer may elect to terminate this License Agreement through termination of the Agreement and CORE shall refund to Customer any License fees paid to CORE.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
2.3 Minimum Hardware and Software Requirements and Connection. Customer acknowledges that in order for the Licensed Program to be executed, Customer's computers must meet or exceed the minimum published hardware, software (including third-party software) and communication requirements for the Licensed Program as set forth in the CORE minimum hardware and software requirements document (the "Minimum Requirements") set forth in Exhibit E. Customer agrees such requirements are subject to change, and that future versions of the Licensed Program may have different hardware and software requirements than those presently in effect. The acquisition of necessary hardware and software meeting the requirements then in effect shall be the sole responsibility of Customer. Any hardware Customer purchases from CORE shall be subject to a separate hardware purchase agreement to be mutually agreed by the parties.
2.4 Third-party Software. To the extent set forth in the Specifications, Customer will execute and comply with additional license agreements provided by CORE for software produced by other licensors, including without limitation software described as such in the Exhibits and the Minimum Requirements, which will be used in connection with the CORE ASP Service.
2.5 Custom Modifications. The Customer acknowledges that the Licensed Program does not include customization ("Custom Modifications"), such as software interfaces to the Customer's host systems, check digit routines, interest computations, OCR edits, etc. Development by CORE of Custom Modifications during the Subscription Term is chargeable by CORE at the rates set forth in Exhibit B or as otherwise agreed in writing by the Parties.
2.7 Availability of CORE Enhancements. CORE will incorporate periodic updates and upgrades into the Licensed Program. CORE will schedule the implementation of major upgrades in cooperation with Customer.
2.8 Service Level Agreement. During the Agreement Term, CORE will provide Customer the level of support and service levels for the Licensed Program as specified in the CORE Support and Escalation policy set forth in Exhibit F.
2.9 Permitted Uses. The rights granted under this License Agreement permit the Customer: (1) to have access to and to use the Licensed Program during the Agreement Term; and (2) to install and use at Customer's facilities such additional components of the Licensed Program as CORE may supply for purposes of enabling Customer to access the Licensed Program and to perform ancillary functions on-site, all as specified in the system specifications, guides and Final Project Specifications. Customer and Customer's authorized Users may use the Licensed Program only to access Customer's Data for Customer's internal information processing needs. Customer agrees to abide by all applicable laws and regulations in connection with its use of the Licensed Program. Customer may not sublicense, resell, publish, transmit, broadcast or otherwise distribute all or any portion of the Licensed Program to any person or entity, or uses it to process the data of a third party. Customer shall take reasonable measures to restrict access to the Licensed Program to its authorized employees and agents. Customer shall be responsible for ensuring that all individuals having access to the Licensed Program through Customer's account will observe and perform all the terms and conditions of this License Agreement. Customer agrees to immediately notify CORE in writing of any misuse, misappropriation or unauthorized disclosure of the Licensed Program that may come to Customer's attention Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
3. SECTION 3 - TITLE TO MATERIALS
3.1 Title to Licensed Program and Licensed Documentation. Customer acknowledges that all right, title, and interest in and to the Licensed Program (including but not limited to all Enhancements and Custom Modifications) is and shall remain at all times the sole and exclusive property of CORE. Customer acknowledges that no such rights, title, or interest in or to the Licensed Program (including but not limited to all Enhancements and Custom Modifications) is granted under this License Agreement, and no such assertion shall be made by Customer. The Licensed Program is and shall remain the sole property of CORE, regardless of whether Customer, its employees, or contractors may have contributed to the conception of such work, joined in the effort of its development, or paid CORE for the use of Licensed Program or Custom Modifications. Customer is granted only a limited right of use of the Licensed Program as set forth herein, which right of use is not coupled with an interest and is revocable in accordance with the terms of this License Agreement.
4. SECTION 4 - FEES AND PAYMENTS
4.1 License Fees. Customer shall pay CORE the Subscription Fees for the Licensed Program set forth in Exhibit B. CORE shall bill and Customer shall pay the Subscription Fees quarterly in advance during the Agreement Term.
4.2 Per Diem. Customer will pay for CORE employee's meals during authorized travel, including tax and tips, up to the per diem amount established by the General Service Administration (GSA) for the destination location (available at: http://www.gsa.gov/perdiem). Customer will not pay for alcoholic beverages or service/delivery charges.
4.3 Other Costs. Other costs, including but not limited to air/train/taxi fare, charges for reasonable and normal travel time to and from the Customer site, parking, freight costs, reproduction charges, peripheral hardware shipping fees and other incidental expenses incurred by CORE on account of this License Agreement, shall be billed to the Customer at cost. Travel arrangements shall be reserved by the most logical and least expensive method.
4.4 Interest Fee. CORE shall have the right to charge Customer a monthly interest fee of 1.5% (18% annually) for all undisputed invoices which are over thirty (30) days past due.
4.5 Taxes. The fees and charges specified in this License Agreement are exclusive of any federal, state, or local excise, sales, use, and similar taxes assessed or imposed with respect to the service and support provided hereunder. Customer shall pay any such amounts upon request of CORE accompanied by evidence of imposition of such taxes or provide evidence of tax exemption status acceptable to the taxing authority.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
5. SECTION 5 PROTECTION OF PROPRIETARY INFORMATION AND MATERIALS
5.1 Acknowledgement of Proprietary Information and Materials; Limitations on Use.
Customer acknowledges that the Licensed Program and all other Proprietary Information and Intellectual Property are unpublished works for purposes of federal copyright law and embody valuable confidential and secret information of CORE, the development of which required the expenditure of considerable time and money by CORE. Customer shall treat the Licensed Program and all other Proprietary Information and Intellectual Property as confidential and shall not use, copy, or disclose, nor permit any of its personnel to use, copy, or disclose the same for any purpose that is not specifically authorized under this License Agreement.
5.2 Rights in Customer Data. As between the parties, Customer or its licensors retain all right, title and interest (including any and all intellectual property rights) in and to Customer's data and information ("Customer Data"). Subject to the terms of this Agreement, Customer hereby grants to CORE a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of, and display the Customer Data solely to the extent necessary to provide the Licensed Program to Customer, or to prevent or address service or technical problems under this License Agreement, or as may be required by law. Customer will be provided with a periodic backup of data in accordance with the schedule and methods delineated in the Specification.
Upon termination of this License Agreement for any cause or reason (including Customer's breach), and upon payment of CORE's then standard charges for time and materials, CORE will provide Customer in an XML formatted file of Customer's data.
5.3 Secure Handling. Customer shall require that access to the Licensed Program shall be maintained in a manner so as to reasonably preclude unauthorized persons from gaining access thereto, and Customer shall permit access only as necessary for either party's use thereof in accordance with the terms of this License Agreement.
5.5 Customer assurance with respect to reverse engineering. Customer is prohibited from taking any steps to reverse assemble, reverse compile or otherwise derive a source code version of the Licensed Program.
5.5 Proprietary Legends. Customer shall not remove any proprietary or other legend or restrictive notice contained or included in the Licensed Program or any material provided by CORE.
5.6 Customer assurance with respect to Users. Customer shall assure that all Users comply with the terms and conditions of this License Agreement.
6. SECTION 6- LIMITED WARRANTY, LIMITATION OF LIABILITY, AND INDEMNITY
6.1 Limited Warranty.
a. CORE warrants that the Licensed Program will perform substantially in accordance with the Specification during the Agreement Term. CORE further represents and warrants that (1) it has the right to grant the licenses and access granted to Customer under this License Agreement for the Licensed Program; (2) the Licensed Program shall be free of any defect or any virus or other Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
program routine designed to erase or otherwise harm Customer's hardware, Customer Data, or other programs; and (3) the services shall be performed in a professional and workmanlike manner, according to minimum industry standards, and performed by competent personnel.
CORE's entire liability and Customer's remedy for any breach of this warranty shall be for CORE, at CORE's option, to repair the Licensed Program within a reasonable time so that it complies with the warranty or provide notification to the customer of the inability to provide a repair. Upon such notification, the Customer will notify CORE within 30 days that (1) the Customer wishes to continue to use the affected module(s) or (2) the Customer will discontinue use of the affected module(s) and in such event CORE will issue a pro-rata refund all subscription fees paid from the date of warranted issue report to the date of discontinuation. b. PCI Compliance. CORE will maintain compliance with PCI Security Standards throughout the term of this agreement, validated annually to meet or exceed the PCI Data Security Standards.
c. The warranty will not apply to the Customer if there is an Error or other deficiency in the Licensed Program which is attributable to inappropriate or unauthorized use of the Licensed Program, or neglect, misuse or abuse by the Customer or any agent or User of the Customer. d. EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT, CORE MAKES
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE LICENSED PROGRAM, OR SUPPORT OF THE LICENSED PROGRAM. CORE EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CORE DOES NOT WARRANT THAT THE LICENSED PROGRAM WILL MEET
CUSTOMER'S REQUIREMENTS OR WILL BE ERROR-FREE, OR ALL DEFECTS WILL BE CORRECTED. CORE ALSO DOES NOT WARRANT THAT THE LICENSED PROGRAM WILL
FUNCTION PROPERLY IN COMBINATION WITH EQUIPMENT OTHER THAN EQUIPMENT
SOLD BY CORE TO CUSTOMER, SOFTWARE MADE ACCESSIBLE TO CUSTOMER BY CORE, AND/OR IN ACCORDANCE WITH THE SYSTEM CONFIGURATION REQUIREMENTS. e. The Licensed Program is provided over the Internet. Customer recognizes that the Internet consists of multiple participating networks which are separately owned and therefore are not subject to the control of CORE. Customer also recognizes that CORE's ability to provide the Licensed Program depends on Internet services provided to CORE. Malfunction of or cessation of Internet services by Internet service providers or of any of the networks which form the Internet may make the Licensed Program temporarily or permanently unavailable. WITHOUT LIMITING
THE PROVISIONS OF THIS AGREEMENT, CUSTOMER AGREES THAT CORE SHALL NOT
BE LIABLE FOR DAMAGES INCURRED WHEN INTERNET SERVICES ARE UNAVAILABLE
DUE TO MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, NETWORK (S)
OR INTERNET SERVICE PROVIDERS, OR DUE TO ANY MISUSE, ACCIDENT OR ABUSE BY CUSTOMER OR ITS USER(S).
f. CORE will not be liable for unauthorized access to or alteration, theft or destruction of Customer's Data, files, programs, procedures, or information through accident, illegal or fraudulent means or devices, or any other method, unless such access, alteration, theft, or destruction is caused as a result of CORE's gross negligence or willful misconduct. It is Customer's responsibility to validate for correctness all output and reports. CORE will protect Customer's data and programs from loss by performing nightly backup procedures. g. LIMITATION OF LIABILITY. THE OBLIGATIONS OF CORE AND THE RIGHTS AND
REMEDIES OF CUSTOMER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE
GIVEN IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
OF CORE. IN NO EVENT SHALL CORE BE LIABLE HEREUNDER, WHETHER IN AN ACTION
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, IN AN AGGREGATE AMOUNT
IN EXCESS OF THE TOTAL AMOUNT PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORE BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED
PROGRAM, EVEN IF CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE EXCLUSIONS AND LIMITATIONS
OF LIABILITY SET FORTH HEREIN SHALL NOT APPLY TO DAMAGES ARISING FROM CORE'S INDEMNITY OBLIGATIONS SET FORTH IN SECTION 6.4.
6.2 Exclusive Remedy. As the exclusive remedy of Customer for any nonconformity or defect constituting an Error in the Licensed Program for which CORE is responsible, CORE shall use commercially reasonable efforts to provide Error Corrections with respect to such Error. However, CORE shall not be obligated to correct, cure, or otherwise remedy any Error in the Licensed Program resulting from any (1) modification of the Licensed Program by Customer, or (2) failure of Customer to notify CORE of the existence and nature of such nonconformity or defect upon its discovery.
6.3 CORE Indemnification. CORE shall and does hereby agree to indemnify, hold harmless, and save Customer from liability against any third-party claim, demand, loss, or action alleging that the Licensed Program, Error Corrections, or made by CORE infringe any third-party rights in the United States respecting copyright, trade secret, or patent resulting from Customer's use of the Licensed Program in compliance with this Agreement
7. SECTION 7 -TERM, TERMINATION AND CANCELLATION
7.1 Term and Termination.
a. Termination and Effect of Termination. This License Agreement shall terminate upon termination of the Agreement. Upon termination of this License Agreement, neither party shall have any further obligation hereunder except for (i) obligations accruing prior to the date of termination, and (ii) obligations or covenants contained herein that are expressly intended to extend beyond the term of this Agreement, including, without limitation, covenants relating to Confidentiality and Indemnification.
7.2 Actions Upon Termination. Upon termination of this License Agreement for any reason, Customer shall immediately cease use of the Licensed Programs.
8. SECTION 8 - MISCELLANEOUS
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
8.1. Severability. If any provision of this License Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this License Agreement will remain in full force and effect.
8.2. Force Majeure. CORE shall not be liable for failure to deliver or delays in delivery occasioned by causes beyond CORE's control including, without limitation, fires, embargoes, war (or other outbreaks of hostility), governmental acts and regulations, receipt of orders from all sources in excess of its suppliers' then-scheduled production capacity, and other causes beyond CORE's control.
8.3. New Platform Protection. As long as Customer maintains a continuous software support Agreement with CORE for each of the modules included herein, Customer shall have the right to transfer the licenses for any and all modules to any new hardware/platform environment (hardware and system software as defined herein) then currently marketed and supported by CORE. Customer agrees to pay for reasonable required services and out-of-pocket costs associated with the migration to the new platform.
8.4. Compliance with Privacy Laws. Each party shall also be responsible for ensuring that performance of its obligations and exercise of its rights under this License Agreement comply with all applicable Privacy Laws. If this Agreement or any practices which could be, or are, employed in performance of this Agreement are inconsistent with or do not satisfy the requirements of any Privacy Laws, (i) the parties shall agree in good faith upon an appropriate amendment to this Agreement to comply with such laws and regulations and (ii) the parties shall execute and deliver any documents required to comply with such Privacy Laws including, without limitation, any business associate agreements required under HIPAA.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written below.
City of Santa Clara Wonderware Inc. dlb/a CORE Business Technologies Da,n, p CUWM-,
By:.L:.-!L.------------- By:=-------------
Dan Paulus
Printed Name: __________ _ Printed Name: __________ _
CEO
Title.· _____________ _ Title: _____________ _
07/07/2022
Date:. _____________ _ Date: _____________ _
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
EXHIBIT E
MINIMUM HARDWARE REQUIREMENTS
COMMUNICATION AND CONNECTIVITY REQUIREMENTS
PCs should have the following minimum configuration:
- 1 GHz Core 2 Duo ( or better)
- MS Windows 7 or higher
- 1GB RAM
- USB Ports (enough to support required hardware)
- Monitor with 1024 x 768 or greater
Operating System/Software Environment
Workstation must be running Internet Explorer version 11.0 or higher and Microsoft.Net Framework 4.8 or higher installed (if the peripheral package is installed). Chrome, New Edge and Firefox are supported.
Payment Gateway Connectivity for the credit card device for POS card processing The following sites need to be accessible through the firewall to complete connection to all required gateway services:
https:l/vhg. verifone.com/MessagingServer/MessageHandler.asmx This is the online monitoring service for the devices. It is used to monitor the connection status', pull log files and push updates as needed.
For production, these URLS are needed.
https:l/api.vfipayna.com/lPCHAPI/RH.ASPX
https:l/api. vfipayna2.com/lPCHAPIIRH.ASPX
For test, these URL's are needed.
https:llcert.api.vfipayna.com/lPCHAPI/RH.ASPX
https:l/cert.api.vfipayna2.com/lPCHAPIIRH.ASPX
These are the main and backup URL's for the payment gateway. The Point device talks directly to these URL's for credit card payments.
Ports 5015 and 5016
These are for communication between the Peripheral Service and the card devices Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
EXHIBIT F
SUPPORT, ESCALATION AND SLA POLICY
This document defines CORE Business Technologies' support and escalation procedures in accordance with the following tables and severity labels.
Software support will be conducted by the Core Business Technologies Support Services team at 950 Warren Avenue, 4th Floor, East Providence, RI 02914.
Email: [email protected]
Tel: 866-567-2673
Normal Business Hours Unless otherwise agreed between CORE and Customer in writing, the services described in this section shall be rendered during CORE's normal business hours of 8:30 a.m. to 5:00 p.m. (Pacific Time), Monday through Friday, excluding designated CORE holidays.
Designated CORE Holidays:
• New Year's Day
• Martin Luther King Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve
• Christmas Day
Eligibility
Subject to Customer's compliance with the terms of this Subscription Agreement and in consideration of Customer's payment of the Subscription Fees, CORE will perform the Support described in this section. All support and escalation must be initiated by the designated authorized representative of the client. No end user support is provided with this agreement.
Supported Version
CORE shall support the version of the Licensed Program being used by the Customer regardless of subsequent upgrades for a period of 3 years; it is understood by Customer that implementation of upgrades may be necessary to optimize performance, leverage new features and receive functional updates.
Process
Support will take affect after basic diagnostic steps have been performed in accordance with the specification document. For system unavailability, system reload must be performed as part of system diagnostics.
1. Initiation - The call or email must be initiated by an authorize service representative and must be received through CORE's 1-800 support line, Tel: 866-567-2673, or at [email protected], which will be available 24 x 7.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
2. Logging - The support request is logged and includes time and date received, name of caller, description of problem and action taken.
3. Acknowledgement - The call is acknowledged and assigned according to the service level table definitions.
4. Service and support - Production support will be attempted by the helpdesk personnel. If a solution cannot be achieved by the Helpdesk, service and support will be performed in accordance with the definitions stated in the Service Level Table.
5. Escalation - Escalation occurs in accordance with urgency and escalation table. 6 Callback - Response time is as listed in the Service Level Table according to your contracted level of coverage.
7 Service Level Agreement:
a. Service Level Commitment. CORE will use its best efforts to ensure 99.5% Availability (as defined below) of the CORE ASP Service. A failure by CORE to meet this commitment will entitle Customer to claim a Service Credit (as defined below). "99.5% Availability" means that the CORE ASP Service will be unavailable no more than .5% in any calendar month, based on a 24 hour day, 365 days a year, as determined by CORE (excluding any period of unavailability described in subsection b below). The iPayment ASP and Business Center ASP shall be deemed to be unavailable when CORE's automated monitoring system is unable to access the associated web or database servers ("Unavailability").
b. Exceptions. CORE's service level commitment does not cover any unavailability attributable to (1) Customer's use of the CORE ASP Service otherwise than in accordance with user guides from time to time made available to Customer; (2) any configuration or erroneous data entered into the CORE ASP Service by Customer; (3) any event beyond the reasonable control of CORE, including the malfunction or unavailability of any public Internet backbone or network or of any server or service not under the complete control of the CORE, or (4) Scheduled Maintenance pursuant to subsection (c) below.
c. Scheduled Maintenance. "Scheduled Maintenance" shall mean any maintenance performed during a standard maintenance window as determined by CORE (a) of which Customer is notified 72 hours in advance or (b) the maintenance is performed without advance notice due to urgency of the maintenance in order to maintain the security and integrity of the system. Notice of Scheduled Maintenance will be provided to Customer's nominated point of contact by a method elected by CORE (telephone or email). CORE's standard Scheduled Maintenance window occurs on the second Tuesday of the month between the hours of 1AM and 4 AM Eastern Time. Customer shall be provided 24 hours advance notice in the event a change is made to the standard Scheduled Maintenance window. The CORE ASP Service shall not be deemed unavailable during Scheduled Maintenance.
d. Service Credit Remedy. If CORE determines, in its reasonable judgment, that the iPayment ASP or Business Center ASP did not attain 99.5% availability during any calendar month, CORE will credit Customer's account the pro-rated Subscription Fee for one day's service for each additional .5% that the server is unavailable during any calendar month, provided that no credit shall exceed the pro-rated charges for one day's service for any single instance of Unavailability. All service credit requests must Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
be in writing and emailed directly to CORE's accounting department with ten (10) days from the date of the server unavailability. Credits cannot be applied to any charges other than the Subscription Fee. Customers with multiple CORE services will not receive more than one credit for any instance of unavailability. Eligibility for any credits is subject to the customer's account being current and with no outstanding balances due. THIS CREDIT SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY SERVICE OUTAGE.
8. Limitations of Support.
a. Right to Refuse Requests. CORE reserves the right to refuse CORE ASP Service Support requests when:
i. A person other than a designated Customer Authorized Support Contact requests Support;
ii. Support request procedures or instructions are not followed; or iii. CORE determines that the requested Support would seriously degrade CORE ASP Service performance and/or integrity.
b. Non-Supported Matters. CORE will not provide Support for the following:
i. Software that has been altered or modified by anyone other than CORE; ii. Third-party consulting services including applications design or recommendation, recovery of lost data due to third-party services, or any thirdparty Customer purchase recommendations; iii. Deficiencies created by Customer's negligence or fault; iv. Deficiencies resulting from malfunction of equipment other than the CORE authorized Equipment;
v. Software not made available to Customer by CORE under this Subscription Agreement and the Schedules.
9. Other Customer Responsibilities.
a. Customer agrees to limit access to CORE's Support to the designated Authorized Customer Support Contacts listed in the Specification or as amended to this agreement.
b. Customer agrees to limit use of Support to occasions when the CORE ASP Service fails to function as described in the documentation or Project Specification, or Customer requires clarification of the documentation. Customer agrees to furnish descriptions of Deficiencies in the form requested by CORE's Support staff. Customer also agrees to assist CORE's efforts to duplicate the Deficiency. c. Customer agrees to provide help at the location of the Deficiency when telephone diagnostics and Support are performed. This help includes but is not limited to moving cables, rebooting equipment, following verbal instructions to edit files and search directories, read screens, and any other such help as is required by CORE to effectively diagnose and resolve the Deficiency. Customer's inability or refusal to provide such help or access releases CORE from any obligation to perform Support at that location for that service incident.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
d. Customer shall be responsible for referring to any instruction manuals provided to Customer to resolve routine system administration tasks. CORE's customer support staff will refer Customer to the appropriate manual or recommend additional training to Customer in those instances where Customer requests Support and CORE's customer support staff determine that Customer's request is more appropriately handled by referring Customer to such sources.
e. Customer Authorized Support Contacts must either have participated in training conducted by CORE during the implementation process prior to being designated as an Authorized Support Contact. In most cases, an Authorized Support Contact should be the cashier's immediate supervisor and his or her backup. In organizations where one department is responsible for the iPayment ASP and another for Internet access and/or data communications systems, an additional primary and backup Authorized Support Contact may be designated from each of those two areas, for a total of four Authorized Support Contacts. CORE is not responsible for training of replacement Authorized Support Contacts. Additional training services are available at then current rates.
10. Supplemental Services. CORE will provide Customer with the Supplemental Services described in this section, subject to Customer's payment of additional Support Fees agreed upon by the parties.
• Custom Engineering. CORE shall have the right to charge Customer at CORE's then prevailing rate applicable to such services for the engineering of modifications to the CORE ASP Service requested by the Customer. • Training. Customer may purchase additional training services at the CORE's then prevailing rate applicable to such services.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
Service Level Table (All times Eastern Time)
Level Definition
Escalation to next point Response Time
1 2
3 4
Product is down. No workarounds This designation may only < 1 coverage hour are available. CORE places top be assigned my
priority on the technical issue and management.
all necessary resources are
immediately assigned to the issue.
Major product functionality is not Reviewed daily by support < 2 coverage hours working according to product manager. Escalated to
specifications; production use senior management for
continues and product is not down. review weekly. Issues which CORE places high priority on the affect downtime are
technical issue and all necessary escalated immediately. resources are assigned to the
technical issue, but work is
generally performed during normal
business hours.
Minor Product functionality is not Reviewed daily by Software < 4 coverage hours working according to project Support Analyst. Escalated specifications, or minor business to support manager for processes cannot be met. The review weekly.
issue is assigned to the appropriate
resources to resolve the technical
issue within customer expectations.
Product and Project specific Reviewed weekly based on Delivery will be enhancement request or change delivery or release schedule. quoted with orders. Change orders are Delivery will be quoted with response to each scheduled upon signed acceptance response to each specific specific request. receipt from Customer. Product request.
enhancement requests are
reviewed by Product Manager
periodically in conjunction with
release schedule.
Agreement with Wonderware dba CORE Business Technologies/Exhibit E Rev. 07-01-18
Standard Extended 24x7
Coverage Coverage Coverage
Monday - Friday Monday - Friday 24 x 7, 7 days per
7:00am - 9:00pm 7:30 am -11:00 pm week
Saturday & Sunday
8:30 am - 6:30 pm
Monday - Friday Monday - Friday Monday - Friday
7:00am - 9:00pm 7:30 am -11:00 pm 7:30 am - 11 :00 pm
Saturday & Sunday Saturday & Sunday
8:30 am - 6:30 pm 8:30 am - 6:30 pm
Monday - Friday Monday - Friday Monday - Friday
8:30am - 5:00pm 8:30 am - 5:00 pm 8:30 am - 5:00 pm
Monday - Friday Monday - Friday Monday - Friday
8:30am - 5:00pm 8:30 am - 5:00 pm 8:30 am - 5:00 pm
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-798 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action on Historic Preservation Agreement (Mills Act Contract) for 1356 Main Street
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
Brian Dawbin and Mary Ann Salyards, the homeowners of the residence at 1356 Main Street, are requesting approval of a Mills Act Contract, also known as a Historic Property Preservation Agreement, with the City which includes approval of a Ten-Year Restoration and Maintenance Plan.
The State of California enacted legislation that allows owners of historically designated properties to enter into a “Mills Act” contract with the legislative bodies of local agency jurisdictions, pursuant to Government Code Section 50280 and following. Mills Act Contract properties then qualify for property tax incentives contained in the California Revenue and Taxation Code. The purpose of a Mills Act Contract is to offer owner(s) of historically significant properties an economic incentive to maintain and preserve the historic physical integrity of their properties, which thereby also increases the aesthetic and economic health of the surrounding neighborhood and the City. A Ten-Year Restoration and Maintenance Plan is required to document specific maintenance and preservation activities proposed to be undertaken by the property owners for the Contract property.
The City Council established a process for evaluating Mills Act Contract requests on September 4, 1993 (Resolution No. 5843), that set a limit of five contracts per year. In 2004, the City Council increased the number of allowable contracts to ten per year. If approved, the subject proposal would be the second Mills Act Contract for the 2022 calendar year and within the City’s allowed number of ten contracts for 2022.
The subject property is currently listed on the City’s Historic Resource Inventory (HRI). An updated State Department of Parks and Recreation (DPR) form evaluating the significance of the structure (Historical Survey) was prepared for the current proposal and concluded that the property retains sufficient integrity to merit continued listing on the Inventory.
The project request was considered by the Historical and Landmarks Commission (HLC) at its meeting on May 5, 2022. The HLC reviewed the Historical Survey and Proposed Ten-Year Restoration and Maintenance Plan and recommended Council approval of the requested Mills Act Contract.
DISCUSSION
The applicants’ Statement of Justification and the proposed Mills Act Contract with exhibits including City of Santa Clara Page 1 of 3 Printed on 8/11/2022
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22-798 Agenda Date: 8/16/2022
the DPR and the Proposed Ten-year Restoration and Maintenance Plan (Attachment 1) demonstrate sufficient intent by the property owners to invest in the property consistent with the purpose for Mills Act Contracts. The City conducts periodic review of Mills Act Contract properties to verify that property owners are performing the maintenance and preservation activities described in the TenYear Restoration and Maintenance Plan.
Based upon information provided by the applicant, the subject property has sufficient historical value as to warrant use of a Mills Act Contract to promote the ongoing preservation of the property. The staff report for the May 5, 2022 HLC meeting is attached for reference (Attachment 2).
ENVIRONMENTAL REVIEW
The Mills Act program is exempt from CEQA environmental review requirements per CEQA Section 15331, which exempts projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior Standards.
FISCAL IMPACT
The amount of the property tax reduction depends upon the property, location, size, and comparable properties in the area. Currently, the assessed value of the property is $207,782 and annual property taxes of $2,550 (source: Santa Clara County Assessor’s Office). The City receives approximately 10% of the base property tax. The Mills Act tax reduction is based on an income capitalization method (ICM) calculation based on the average monthly rent, average maintenance costs, and an amortization schedule to arrive at a reduced appraisal value resulting in lower property taxes. The anticipated reduction in taxes would be between 20% to 70% based on the County’s evaluation of the property’s age, condition, and local market value factors in accordance with the formula set by state law. Based on the latest information available, the estimated annual fiscal impact for the City for this individual Mills Act Contract would be a decrease of property tax revenue in the range of approximately $51 to $179.
As the current Council policy allows up to ten Mills Act Contracts to be approved each year, and the subject contract will be the second one for this year, the cumulative economic impact for multiple Mills Act Contracts does not significantly reduce the overall property tax income for the City.
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 [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute a Mills Act contract and adopt the Ten-Year Restoration and Maintenance Plan associated with the Historic Property Preservation Agreement for the property at 1356 Main Street with applicants Brian Dawbin and Mary Ann Salyards; File No. PLN2021-15291.
City of Santa Clara Page 2 of 3 Printed on 8/11/2022
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22-798 Agenda Date: 8/16/2022
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Historic Preservation Agreement Including 10-Year Rehabilitation Plan
2. Historical and Landmarks Commission Staff Report of May 5, 2022 City of Santa Clara Page 3 of 3 Printed on 8/11/2022
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Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this ___ day of ___________, 2022, ("Effective Date"), by and between Brian Dawbin and Mary Ann Salyards, owners of certain real property located at 1356 Main Street, Santa Clara, CA 95050 (“OWNERS”) and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real property, together with associated structures and improvements thereon, shown on the 2021 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-05-029, and generally located at the street address 1356 Main Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property is attached hereto as "Legal Description," marked as "Exhibit "A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Properties list. OWNERS submitted a Mills Act Proposal to City on October 18, 2021.
The Proposal included a Primary Record from the State of California’s Department of Parks and Recreation. A true and correct copy of the Proposal is attached to this Agreement as “Exhibit B”. (4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
1111 •
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such term will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one (1) year shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
(c) OWNERS may make a written protest of a nonrenewal notice issued by CITY. CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property. "The Secretary of the Interior's Standardsfor Rehabilitation," marked as “Exhibit C” to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. (b) OWNERS shall, when necessary or as determined by the Director of Planning and Inspection, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Efforts," marked as “Exhibit D” to this agreement, and incorporated herein by this reference.
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and every five (5) years thereafter, an inspection of the property’s interior and exteriorshall be conducted by a Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
party appointed by CITY, to determine OWNERS’ continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. (4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it determines any one of the following:
(i) the OWNERS breached any of the terms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property. (b) CITY may also cancel this Agreement if it determines that:
(i) the OWNERS have allowed the property to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. (c) In the event of cancellation, OWNERS shall pay those cancellation fees set forth in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. (6) No Waiver of Breach.
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other party.
(c) The parties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or information demanded, the mediator(s) may proceed ex parte. (d) A hearing on the matter to be arbitrated shall take place before the mediator(s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen (15) days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
(e) The submission of a dispute to the mediator(s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
(a) The OWNERS hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS’ legal interest in the Historic Property.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 1356 Main Street), and OWNERS.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Brian Dawbin and Mary Ann Salyards
1356 Main Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS’ acts, errors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Inventory form;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Property designation and reassessment; and,
d. the Mills Act Historic Property Contract filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Department may collect such Mills Act Historic Property Contract application fee of $7,564.00 (seven thousand, five hundred, and sixty-four dollars), or other fees for the administration of this contract as are authorized from time to time by the City Council.
Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Contract and the recordation of the OWNERS updated Historic Resources Inventory form.
(18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary of Interior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
(c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
___________________________ ______________________________ Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
ATTEST: 1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
“CITY”
Brian Dawbin and Mary Ann Salyards,
Owners of 1356 Main Street
By: _____________________________ By: _____________________________ Brian Dawbin Mary Ann Salyards
1356 Main Street 1356 Main Street
Santa Clara, CA 95050 Santa Clara, CA 95050
“OWNERS”
Exhibits:
A – Property Description
B – Primary Record
C – Standards for Rehabilitation
D – Restoration Schedule
I:\PLANNING\2021\Project Files Active\PLN21-15291 1356 Main Street (Mills Act)\Mills Act Contract.doc Page of 1 33 *Resource Name or #: (Assigned by recorder) 1356 Main Street P1. Other Identifier:
P2. Location: ! Not for Publication " Unrestricted *a: County Santa Clara and (P2c,P2e, and P2b or P2d. Attach Location Map as necessary.) *b. USGS 7.5' Quad Date T ; R ; ¼ of ¼ of Sec ; B.M.
c. Address 1356 Main Street City Santa Clara Zip 95050
d. UTM: (Give more than one for large and/or linear resources) Zone ; mE/ mN *e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
*P3b Resource Attributes: (List attributes
and codes)
*P4. Resources Present: " Building
! Structure ! Object ! Site ! District !
Element of District ! Other (isolates, etc.)
P5b. Description of Photo:
(View, date, accession #)
View looking west, August 2021
*P6. Date Constructed/Age and
Source: " Historic
! Prehistoric ! Both
ca. 1887
*P7. Owner and Address:
Brian Dawbin
1356 Main St.
Santa Clara. 95050
*P8. Recorded by: (Name,
affiliation, and address)
William Kostura
P. O. Box 60211
Palo Alto, CA 94306
*P9. Date Recorded:
August 2021
*P10. Survey Type: (Describe). intensive
P11. Report Citation*: (Cite survey report and other sources, or enter "none".) none *Attachments: ! NONE ! Location Map ! Sketch Map " Continuation Sheet " Building, Structure and Object Record ! Archaeological Record ! District Record ! Linear Feature Record ! Milling Station Record ! Rock Art Record ! Artifact Record ! Photograph Record ! Other (List)
State of California — The Resources Agency Primary # ____________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ____________________________ PRIMARY RECORD Trinomial ____________________________
NRHP Status Code ___________________
Other Listings ________________________
Review Code Reviewer Date ___________
DPR 523A (1/95) DPR 523 A&B forms, Pages.pages *Required Information This property falls within the Old Quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. Old Quad encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east. A moderate number of houses in this area date to the 1850s-1880s, and very large numbers date to the 1890s-1900s. Along the eastern edge of the neighborhood is Santa Clara University, which consists of about eight large buildings dating from 1911-1930, plus newer buildings.
By contrast, Santa Clara’s historic downtown was razed in the 1960s through urban renewal. (See Continuation Sheet, page 2.)
Page of 2 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date ___August 2021__________ " Continuation ! Update Description (continued)
The subject house, 1356 Main Street, is situated between Lewis and Harrison streets on a suburban lot measuring 63 feet in width by 152’-6” in depth. The house is set back from the front property line enough to allow for a spacious front yard. In the back yard are two outbuildings. Although two outbuildings existed in the back yard in historic times, the present buildings are almost certainly different structures and are relatively recent in date. One of them is a small shed with a hipped roof and greatly extended eaves that are supported by square posts. The other is an open car port with open sides that was built in the 1995 or a little later. Both of these small buildings employ shaped, curved brackets in emulation of the Victorian era.
The house itself is two stories in height, is wood-framed in construction, has a cross-gabled roof, and is clad in rustic siding. It is composed of two main blocks, one in the front and the other in the rear, of which the front is the larger. The next seven paragraphs describe the exterior of the front block.
This front block is L-shaped, with a forward wing at right, facing east (toward the street), a recessed wing at left, and a porch that fills the recess. The roof is gabled on three sides, with a front-facing gable over the forward wing (at right) and side gables facing north and south. On all sides the eaves are boxed and extend slightly beyond the walls of the house.
As mentioned above, the front porch fits into the angle of the two wings, all but filling the recess. It stretches almost, but not quite, the full width of the recessed wing behind it. Turned posts with decorative brackets and a course of spindles support the sloping wooden porch roof. The porch has an early or original wooden deck which is accessed by a short staircase with replacement wooden steps.
The staircase has original carved newel posts and railings with stick-like balusters. These balusters, and similar balusters in the porch railing, are lightly scored to create texture.
The house is given its Queen Anne style through its form and a number of decorative elements. In the upper zone of the front gable, between the apex and a molded cornice, are courses of squares with incised bulls-eyes. Small curved brackets or corbels support the cornice. Beneath this, the second story is clad in decorative shingles with clipped bottom edges. The first story of this wing is expressed as a bay window with slanted sides. At the top of the bay window, curvilinear brackets with sunburst patterns and pendant knobs give visual support to the overhang of the second story. A panel filled with diagonal boards can be found over the first story window and transom. Rectangular panels can be found at the base of the bay window on all three sides.
On its south side, the recessed wing (at left) is treated similarly to the forward-facing wing: gabled, with boxed eaves; a cladding of fish-scale shingles in the gable; a first story treated as a bay window with slanted sides and sunburst brackets; panels filled with diagonal boards over the lower window; and panels at the base. The main difference is the lack of a cornice at the second floor level.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 3 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date ___August 2021__________ " Continuation ! Update Description (continued)
On the north side (at right) is a gable that corresponds with the gable on the south side. This gable is flush with the wall and is also surfaced with fish-scale shingles.
All windows in the front block appear to be original, with wooden sash surrounded by flat board trim.
With one exception, all windows are double-hung. The exception is in the first story of the forwardprojecting wing at right. Here, a fixed transom window can be found over a large, fixed single-light window. The transom window is divided by muntins in a decorative pattern. All of the first story windows have wooden sills. The windows on two sides of the upper story — facing the street and on the south side — are paired, with narrow supporting moldings instead of sills. Two windows in the north side are similar, though they are slightly separated rather than engaged.
One more feature in the front block remains to be described. The front door is wooden, with five panels, of which the center panel is filled with decorative pyramidal studs. This door retains its original tooled brass hardware (knob and plate).
The rear block of the house was originally one story in height but received a major addition in the 1990s. (The plans for this addition are dated 1995. Building permits suggest the addition may not have been completed until 1999.). The only notable feature in the original first story is a set of paired windows with double-hung sash, flat board trim, a wooden sill, and narrow molded supporting brackets on the south side. The addition consists of a second story over the original first plus a two-story wrap-around balcony with Victorian-styled posts, newels, and balusters.
The interior has a number of original features, including a staircase with carved newel post and turned balusters, a fireplace with wooden mantle, an arched passageway with corbels between rooms, paneled doors, and window and door trim that is typical of late 19th century houses.
To sum up the integrity of this house: The exterior of the front block is essentially unchanged since the time of construction, and the interior has many original features as well. The rear block, originally one story in height, has been greatly added to with a second story and two stories of balconies.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 4 33 *NRHP Status Code
*Resource Name or # (Assigned by recorder) 1356 Main Street B1. Historic Name: Nathan H. Downing house
B2. Common Name:
B3. Original Use: residence B4. Present Use: residence
*B5. Architectural Style: Queen Anne
*B6. Construction History: (Construction date, alterations, and date of alterations) House built 1887. Rear addition and carport built in 1995 or 1999.. *B7. Moved? " No ! Yes ! Unknown Date: Original Location:
*B8. Related Features:
B9a. Architect: unknown b. Builder: unknown
*B10. Significance: Themes history, persons, architecture Area local (Santa Clara) Period of Significance 1887-1925 Property Type residence Applicable Criteria 1, 2, 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) History
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
See Continuation Sheet.
B13. Remarks:
*B14. Evaluator: William Kostura
Date of Evaluation: August 2021
State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) DPR 523 A&B forms, Pages.pages *Required Information (Sketch map with north arrow required)
(This space reserved for official comments.)
This section includes a timeline and brief history of the Old Quad neighborhood of Santa Clara; the history of the subject house; and a brief description of Queen Anne-style houses in Santa Clara that puts the architecture of this house in context.
Old Quad history
The Old Quad covers the quadrangle shown in an 1866 survey by J.J. Bowen. It encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east. The area includes Santa Clara University, which was once the site of Mission Santa Clara. Generally speaking, the Old Quad is the oldest part of Santa Clara. The overwhelming majority of its historic buildings are located here.
(See Continuation Sheet, page 5.)
Page of 5 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Old Quad history (continued)
Major factors in Santa Clara’s growth and economy include:
1777. Founding of Mission Santa Clara de Asis by the Franciscan order of Spain. This mission was secularized by Mexico in 1833 but the mission chapel continued to function as a church afterward.
It was enlarged and rebuilt several times over the next century. 1851-present. After the takeover of California by the United States, the Jesuits acquired the mission and established Santa Clara College in 1851. It became known as the University of Santa Clara in 1912 and as Santa Clara University in 1985. The older buildings on this campus date to the period 1911-1930 and were designed by architects Will D. Shea, John J. Donovan, and Henry A. Minton.
The chapel of 1928 was designed by Minton to replicate the old adobe mission building of ca. 1824. 1852. The City of Santa Clara incorporates.
1863. The railroad connecting San Francisco and San Jose reaches Santa Clara. The railroad depot still stands, now at 1005 Railroad Avenue.
1885-1990s. Agnew’s State Hospital. The Victorian building of 1885 collapsed in the earthquake of 1906, with great loss of life. New buildings were built from 1908 through the 1910s to designs by the State Architect George C. Sellon. After the campus was sold to Sun Microsystems in the late 1990s, only the best four of the Agnew’s buildings were retained, and the rest were demolished. 1890s-1950s. Santa Clara Tannery. This long-lasting business occupied many wooden buildings at the northeast corner of Lexington and Grant streets.
1890s-1960s. The Pacific Manufacturing Company was a huge business occupying many buildings in the block of Alviso, Bellomy, Grant, and Locust streets, plus warehouses and sprawling lumber yards in adjacent blocks. It made coffins, window sash, doors, blinds, cabinets, and windmills. 1910s-1960s. Fruit canning. There were several canneries in Santa Clara during these decades, but three were the largest and longest lasting: Rosenberg Brothers and Company; the Pratt-Low Preserving Company; and Libby, McNeill and Libby. Pratt-Low’s complex included a huge onestory cannery building plus 25 seasonal workers’ cabins in 1915, and by 1950 it had expanded to include over 100 workers’ cabins. By 1950 Rosenberg Brothers had absorbed Libby, McNeill and Libby, and by 1961 Rosenberg Brothers had been taken over by the Mayfair Packing Company.
Collectively, these canneries were probably the largest employer in the City of Santa Clara during most of the 20th century.
(See Continuation Sheet, page 6.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 6 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Old Quad history (continued)
1960s-present. The semiconductor industry becomes important in Santa Clara. 1963. The city’s old downtown is razed in order to receive funding from the federal government for urban renewal.
To the above list should be added Santa Clara’s close proximity to the city of San Jose, where some Santa Clara residents worked.
The demolition of the city’s old downtown was a major historical loss, but the built environment in Santa Clara is otherwise able to represent, or evoke, important themes in Santa Clara’s early history. An adobe house at 3260 The Alameda (now the Santa Clara Women’s Club) is a ca. 1790s building that was part of the Spanish-era mission complex. The Berryessa adobe at 373 Jefferson Street (late 1840s) represents the Mexican or very early American period. Two other early properties evoke Santa Clara’s early agricultural economy. The older is the James Lick flour mill complex, at 4101 Lick Mill Boulevard, at Mansion Park Drive. Its four buildings were built in 1857, the 1860s, and the 1880s and include a granary, a house, an office, and a hall. The Harris-Lass house at 1889 Market Street (1865) includes a farmhouse, a barn, a water tank, and farming implements. As mentioned above, four early twentieth century buildings survive at Agnew’s State Hospital, and about eight buildings from 1911-1930 survive at Santa Clara University.
Most prolifically, the Old Quad area is filled with hundreds of 19th and early 20th century houses that retain good to high integrity. A few houses date to the 1850s, a moderate number date to each decade of the 1860s, 1870s, and 1880s, and very many date to the 1890s-1930s. While it is beyond the scope of this report to describe these houses in any detail, it can be said that they range from modest, vernacular working-class houses to large houses built for the well-to-do. Houses in the latter group are often elaborately decorated, but smaller houses, especially those built before the 1920s, often possess fine details as well.
Because the subject house is a Queen Anne dating from the 1880s, a number of similar houses of the period and style are illustrated below.
The first owners of this house, the Downings
This house is listed in the City of Santa Clara’s Master Plan (in its Historic Preservation and Resource Inventory page) as the Nathan H. Downing house, with a construction date of “ca. 1887.” Primary source research supports both this construction date and the identity of the first owner. (See Continuation Sheet, page 7.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 7 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update The first owners of this house, the Downings (continued) Nathan Hall Downing (1852-1905) was a native of Missouri, where he worked as a farmer. In 1878 he and his wife Ida (b. 1853) lived in Knox County, where their twin daughters Bertha and Bernice were born. The family came to California in about 1885, to the East Bay town of Livermore, and the following year, in April 1886, Nathan purchased a newspaper, the Livermore Valley Review. It was, a newspaper notice said, “to be independent in politics.” The Downings stayed only briefly in Livermore. By January of 1887 they were living in Santa Clara and Nathan Downing had purchased another newspaper, the Santa Clara Journal, which had been founded in 1867 as the Santa Clara News. Under Downing’s proprietorship it became an energetic booster of Santa Clara’s prosperity. On July 4th, 1887, he published a special edition that touted the attractions of the Santa Clara Valley and of the town itself. A nearby newspaper, the San Jose Herald, offered high praise at the time. It said Downing “is determined to push his lovely town into the front rank, and… has with tireless energy and courage swept every obstacle aside and is rapidly bringing Santa Clara the prominence she deserves.” Until Downing came along, it said, “such enterprise was unknown” in Santa Clara, and the town “had no home Ajax to fight her battles.” Among other issues, the Journal favored the establishment of a cable railroad through the town. Both of the San Jose newspapers — the Herald and the Mercury News — made frequent mentions of the Downings, with occasional praise of his newspaper.
The paper was a semi-weekly in the 1890s and probably before then as well. To supplement his newspaper income, Downing may have done job printing on the side. This can be inferred by the fact that his occupation in the 1900 census is given as a “printer” and the fact that he issued a calendar on one occasion.
The Downings’ almost certainly built their residence at 1356 Main Street in 1887, soon after their arrival in Santa Clara. Many news items and city directory listings note their location here. To work backward in time: When Nathan H. Downing’s death in December 1905 was noted in the San Jose Mercury News, his residence was given as 1356 Main Street. City directory listings of 1901-1905 also list their address as 1356 Main, while directories of 1892 and 1894 list their address as Main near Lewis. In 1893, a brief notice in the San Jose Herald stated that the Downings celebrated their fifteenth wedding anniversary at their Main Street residence. In September 1889 the Downings’ son Carl, aged seven, died of diphtheria at the family home “on Main Street.” In 1888, close relatives and in-laws of the Downings, Mr. and Mrs. W. R. McQuoid of Kansas City, had come to reside in Santa Clara at the corner of Main and Lewis streets. They probably lived either with or very near the Downings. (Mr. McQuoid was in the area in order to work for Hubert Howe Bancroft in writing the history of California, Oregon, and Washington Territory.) Thus, the Downings appear to have been living in the subject house by 1888, and certainly in 1889.
(See Continuation Sheet, page 8.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 8 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update The first owners of this house, the Downings (continued) Upon N. H. Downing’s death in December 1905 the Journal was inherited by his daughters Bertha and Bernice, each age 27, and they were the proprietors, publishers, and editors of the newspaper for the next 20 years. They probably divided the tasks among themselves; for instance, local city directories for this period list Bernice as the manager and Bertha as the editor. Bertha must have assumed greater duties in 1922, when Bernice was appointed Santa Clara’s postmaster, a job she held for twelve years under three Republican presidents. Under the twin sisters, the Journal remained a semi-weekly. Without giving more detail, Bernice’s entry in Wikipedia states that “They transformed the Santa Clara Journal from a free press to a paying proposition.” Bernice sold the newspaper in September 1925, less than three months after Bertha’s death. In the same year, Bernice moved out of this house to live on Franklin Street in Santa Clara.
Both women were state officers in a national organization, the League of American Pen Women.
Bernice was also a state vice-president of the National Editorial Association. For several years she was a member of the Santa Clara County Republican Committee — in 1914 she received the most votes among its five candidates — and according to her obituary Bertha was a member of this committee also.
Bernice clearly had a dynamic personality. Numerous newspaper articles mention her popularity as a speaker before different groups around the Bay Area and in cities further south. Some time after 1930 she moved to San Jose, where she died in 1940.
Subsequent owners and residents of the house
Because the Santa Clara County offices have been closed this year, performing a chain of title is not possible at present. Of the residents listed below, the Murrays and Pasins are known (from their census listings) to have owned this house as well as lived here; Johnson and the Macedos are only known to have resided here.
1926: Joseph F. Johnson, no known occupation.
1928-1934: William L. and Melba Murray, both natives of Louisiana. His work always involved the repair and driving of motor vehicles. In 1926 and 1928 he was a “batteryman,” in 1927 he was a tractor operator, during 1930-1931 he was an auto mechanic in a garage, in 1932 he was a truck driver, and during 1933-1934 he was a chauffeur. In contrast to the Downing family, the Murray family members were registered as Democrats in the 1932 voter lists. In 1935 the Murrays moved to 1310 Main Street, and then, from 1939 into the 1960s, they lived at 1386 Main Street.
(See Continuation Sheet, page 9.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 9 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Subsequent owners and residents (continued)
1935-1950: Angelo C. and Catherine Pasin, natives of Italy and Spain, respectively. He always owned a barber shop on Franklin Street in Santa Clara. In 1935-1939 he co-owned this business as Lavinio and Pasin. The Pasins lived here with their daughters Rose and Victoria. 1955-1965. Mrs. Albertina Masedo, no known occupation, lived here through 1964. Her relative Julio (Jules), occupation also unknown, usually lived here, too, through 1965.
The Queen Anne style
The style of this house is Queen Anne. That style originated in England as an urban residential style that emphasized delicate surface ornament, usually on brick buildings. When the style was introduced to the United States in 1874 by Henry Hobson Richardson, with his W. Watts Sherman house in Rhode Island, it was in a very different, suburban, wood-framed mode.
East coast styles typically took a decade or so to arrive in California, and Queen Annes only began to be built in any numbers in San Francisco in about 1885. A few years more were required for the style to find its way to smaller cities and towns, but then it remained common through the 1890s and persisted into the first years of the 20th century. Thus, an 1887 construction date for the N. H. Downing house is both plausible and fairly early for Santa Clara.
In California, Queen Anne houses almost always have front-gabled roofs, a bay window with slanted sides beneath the gable, decorative shingles within the gable, and abstract surface ornament carved from redwood. In San Francisco, these houses are usually on narrow lots and have a vertical emphasis. In smaller cities and towns such as Santa Clara, where wider lots are the rule, houses are typically only one story plus an attic and basement in height, have a recessed wing fronted by a covered porch, and are horizontal in their emphasis.
Approximately 60 Queen Anne houses are listed on the “Historic Preservation and Resource Inventory” page of the City of Santa Clara’s website. Construction dates for these houses range widely, from 1866 to 1910. The few dates that pre-date the mid-1880s are almost certainly incorrect, and even 1885 (the date given to four houses) seems too early.
In all likelihood the subject house, with its construction date of 1887, is one of the very earliest Queen Anne-style houses in Santa Clara.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 10 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Integrity
The only notable alteration to this house has been a second story addition with covered balconies to the rear block. This was a large addition that comprises perhaps a quarter or a third of the total bulk of the present house. It left the original one-story rear wing in place, building on top of it and preserving an original paired window on the south side of that wing.
This addition left all three sides of the front block of the house intact. As is usual with historic houses in Santa Clara, the front is the part that has the important style features and conveys the Queen Anne style.
Important elements such as the covered porch with turned posts, window sash, siding, and other details remain. Thus, the house retains integrity of design, materials, workmanship, and feeling. Because the house has never been moved, it retains integrity of location. Because the house would be readily recognizable to the early residents, it also retains integrity of association.
Regarding setting, a slight majority of the houses on both sides of this block of Main Street date from the 19th or early 20th centuries and are little altered. Thus, the setting of this house is mostly retained for that period but is somewhat diminished.
Evaluation to California Register Criteria
The California Register of Historical Resources is an inventory of significant architectural, archaeological, and historical resources in the State of California. Resources can be listed in the California Register through a number of methods. State Historical Landmarks and National Registerlisted properties are automatically listed in the California Register. Properties can also be nominated to the California Register by local governments, private organizations, or citizens. The evaluative criteria used by the California Register for determining eligibility are closely based on those developed by the National Park Service for the National Register of Historic Places.
In order for a property to be eligible for listing in the California Register, it must be found significant under one or more of the following criteria:
* Criterion 1 (Events): Resources that are associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States.
* Criterion 2 (Persons): Resources that are associated with the lives of persons important to local, California, or national history.
(See Continuation Sheet, page 11.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 11 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation to California Register Criteria (continued)
* Criterion 3 (Architecture): Resources that embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of a master, or possess high artistic values.
* Criterion 4 (Information Potential): Resources or sites that yield or have the potential to yield information important to the prehistory or history of the local area, California, or the nation. This criterion relates mostly to archaeology and so is not considered here.
Criterion 1. A moderate number of houses in the Old Quad neighborhood of Santa Clara are older than this one. One has been dated to the 1770s, one has been dated to the 1840s, and a scattering date to the 1850s-1880s. As a percentage of all of the houses in the Old Quad area, however, this house is still one of the oldest. Only a small percentage date to the year 1887 or earlier. The house thus represents an early period in Santa Clara’s history when the town was just starting to transition from rural to suburban in feeling. Because of its age, its high integrity, and its ability to represent this early period of Santa Clara’s history, this house appears to be eligible for the California Register at the local level under this criterion. The Period of Significance under this criterion is 1887-1910s, the first three decades of the house’s history and a period when much of the Old Quad area was still being developed.
Criterion 2.
Both collectively and individually, three of the Downing family members, Nathan and his daughters Bernice and Bertha, were important in Santa Clara’s history. Nathan Downing purchased the city’s only newspaper, the Santa Clara Journal, and according to another (San Jose) newspaper raised it to another level while he published it for nineteen years, from 1886 until his death in 1905. He used this newspaper as a means of advocating for Santa Clara’s growth. His twin daughters then published and edited the paper for the next twenty years, until Bertha’s death in 1925. They were prominent in Santa Clara society in other ways as well, including as members of the County’s Republican Central Committee, and, in Bernice’s case, as the local Postmaster and as a frequent public speaker.
These are strong credentials for the Downings’ importance in Santa Clara’s history from 1886 until 1925. The family lived in this house for almost all of that period, from 1887 to 1925.
For these reasons, the subject property appears to be eligible for the California Register under this criterion. The Period of Significance is 1887-1925.
(See Continuation Sheet, page 12.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 12 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation to California Register Criteria (continued)
Criterion 3
This is a fine example of a Queen Anne residence, and is one of the oldest houses of this style in Santa Clara. It must also be one of the oldest in the Bay Area. It has many of the features that is commonly associated with suburban examples of the style, including its gabled roof, a recessed wing whose angle is filled by a covered porch with turned posts, decorative shingles in the gable, brackets with sunburst patterns, and other decorative elements. While the rear addition is large, it is all but invisible from the front of the house. On the front, north side, and south side this house still clearly expresses its original Queen Anne design.
For this reason, the property does appear to be eligible for the California Register under this criterion at the local level. The Period of Significance is 1887, the year of construction. If a census is ever performed on the earliest surviving Queen Anne houses in the wider Bay Area, this house might also be found to be eligible at the regional level.
Contributing features
All of the contributing features of this house are found in the two-story front block of the house. They include:
* its footprint, height, and width
* all three gables with their boxed eaves and decorative shingles * in the front gable, the courses of squares with bulls-eyes, and the molded cornice with supporting brackets of corbels
* the bay windows with slanted sides on the front and south sides * the rustic siding
* the front porch with its sloping roof, turned posts, newel posts, curved brackets at the top of the posts, the railing and the balusters, and the wooden deck * the paneled front door with its tooled hardware
* the sunburst brackets at the top of the first story in the bay window (See Continuation Sheet, page 13.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 13 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation to California Register Criteria (continued)
* the double-hung windows with their sills and flat board trim * the fixed window in the front plane of the bay window, and its muntins, and * the panels with diagonal boards over the first story windows in the bay windows.
The parts of the property that are not character-defining include:
* the landscaping of the front and back yards
* the non-original steps of the front porch
* the rear block of the house, because the addition of the 1990s overwhelms the part in the first story that is original, and
* the shed and car port in the back yard.
Evaluation under City of Santa Clara criteria
The Criteria for Local Significance were adopted on April 20, 2004, by the City of Santa Clara City Council and are listed under Section 8.9.2 of the City of Santa Clara General Plan, Criteria for Local Significance. Under this section of the General Plan, any building, site, or property in the City that is 50 years old or older and meets certain criteria of architectural, cultural, historical, geographical or archeological significance is potentially eligible.
The subject property appears to meet the following local criteria:
Criterion for Historical or Cultural Significance
3. The property is associated with an important individual or group who contributed in a significant way to the political, social and/or cultural life of the community.
The original owners of this house, the Downings, owned the Santa Clara Journal from 1886 through 1925. Nathan H. Downing, in particular, was noted for raising the importance of the newspaper and for using it as a vehicle for promoting the city of Santa Clara, while his daughters Bernice and Bertha, in addition to publishing and editing the paper, were notable figures in Santa Clara in other ways. Both were members of the County’s Republican Central Committee, and Bernice was the local Postmaster and a frequent public speaker. (See Continuation Sheet, page 14.) State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 14 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation under City of Santa Clara criteria (continued)
4. The property is associated with a significant industrial, institutional, commercial, agricultural, or transportation activity.
This house is almost certainly the last building in Santa Clara that has a close association with the Santa Clara Journal, the city’s only newspaper for many years.
5. A building’s direct association with broad patterns of local area history, including development and settlement patterns, early or important transportation routes or social, political, or economic trends and activities. Included is the recognition of urban street pattern and infrastructure.
This house was built in 1887 and is one of many in Old Quad that predate World War II. After that war, rapid suburban growth changed the character of the larger city. This house, and hundreds of other houses in Old Quad from the 1850s-1930s, collectively create the feeling that Santa Clara is a historic city. This feeling remains strong and depends on the fact that so many houses from these decades can still be found in almost all parts of Old Quad. In addition to its individual significance as an early Queen Anne house (see below), this house contributes to the historic feeling of the Old Quad area.
Criterion for Architectural Significance
1. The property characterizes an architectural style associated with a particular era and/or ethnic group.
Built in 1887, this house is a very early and a distinctive example of the Queen Anne style. Its notable features are listed elsewhere in this report.
7. A building’s notable or special attributes of an aesthetic or functional nature. These may include massing, proportion, materials, details, fenestration, ornamentation, artwork or functional layout.
This house features a recessed wing with a covered porch filling most of the recessed area. This form is common among Queen Anne houses in Santa Clara and is both highly functional and aesthetically pleasing. The carved newel posts, turned porch posts, and balusters draw visual attention to this part of the house. Elsewhere, on the front and south sides, bay windows with slanted sides and with sunburst brackets highlight the house’s Queen Anne style.
References
City of Santa Clara General Plan. 8.9. “Historic Preservation and Resource Inventory.” 1356 Main Street is listed as the Nathan H. Downing house, built ca. 1887. Recent research supports this construction date. (See Continuation Sheet, page 15.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 15 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update References (continued)
San Jose and Santa Clara city directories 1892-1965 for residents of this house.
United States Voter Registrations of 1932 for William and Melba Murray. From Ancestry.com.
U. S. censuses of 1880 to 1940 for residents of this house. “Bernice C. Downing.” Wikipedia website entry. Primary source research supports many of the points made in this profile.
Building permits at the City of Santa Clara. The earliest available permits, for foundation work and the rear addition, date to the 1990s.
Newspaper articles on the Downings (in chronological order):
“Oakland.” Alta California, April 6, 1886. N. H. Downing, a recent arrival from the East, has purchased the Livermore Valley Review.
“Santa Clara News.” San Jose Mercury News, January 16, 1887. N. H. Downing owns the Journal and lives in Santa Clara.
“Labor and Land Values.” San Jose Herald, July 5, 1887. N. H. Downing became proprietor of the Santa Clara Journal about one year ago. High praise for the paper.
“Santa Clara.” San Jose Mercury News, March 1, 1888. W. R. McQuoid of Kansas City, a close relation of N. H.
Downing, is in town.
“A Severe Fall.” San Jose Mercury News, April 25, 1888. The McQuoids to reside at the corner of Main and Lewis streets.
San Jose Herald, April 18, 1893. The Downings’ anniversary party at their Main Street residence. “The Santa Clara Journal.” San Jose Mercury News, April 1, 1894. Praise for N. H. Downing’s Journal. “Died.” San Jose Mercury News, December 15, 1905. Death of Nathan H. Downing. “Santa Clara Trustees….” San Jose Mercury News, September 9, 1914. Election of Bernice Downing to the Republican County Central Committee.
“California News Briefs.” Livermore Journal, June 20, 1925. Death of Miss Bertha Downing. “Newspaper Is Sold.” Humboldt Journal, September 9, 1925. Bernice Downing sells the Santa Clara Journal. “Pen Women’s League.” Press-Democrat, March 26, 1927. Bernice C. Downing is the state v-p of the League of American Pen Women.
“Bernice Downing in San Jose.” Santa Cruz Evening News, September 27, 1940.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page of 16 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Sanborn insurance maps
1891 Sanborn map, page 35L. Red arrow points to subject house.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
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Page of 17 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1915 Sanborn map, page 214
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
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Page of 18 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1950 Sanborn map, page 214
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
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Page of 19 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1891 Sanborn map,
annotated by Rob Meyer.
The front part of the house
is outlined in red. It is two
stories in height (though
labeled as 1 1/2 stories on
the map).
The rear block of one story,
outlined here in blue and
green, was retained in the
1990s addition, but a
second story and a twostory balcony was added
here.
Page of 19 33 Resource
Identifier: 1356 Main Street
Recorded by William Kostura
*Date August 2021 "
Continuation ! Update
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
C
1:'
1 1 I
I
M >-------,1--- THIS PORTION OF THE HOUSE WAS THE ONLY 2-STORY PORTION . NOTE THAT THEY LABELLED AS "H/2 • BECAUSE
IT HAS PARTIAL·HEIGHT WALLS. THE "D."
MEANS DWELLING.
BASED ON PHOTO, THIS AREA
APPEARS TO BE THE ORIGINAL
~0~i~Ati_V~~g~~ ~~.ffH DASHED LINE (SEE FRONT PORCH)
Page of 20 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1980s historic inventory sheet, with enlarged cropped image below DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
, ..
,~_;...-:·~~ '
,._j : (;:.-:.a
2 . 1356 Main 1887 (Est.)
2 Story Queen Anne c-ottage. The most impressive Vi ctorian a nd the largest of the cluster, t he st ruc ture shows an unusua l amount of wooden ornament o n the front porch and under the cut-ou t corners of the 2 ang led bay wi ndows. The lot size is also larger with a mature Was h i ng ton pal m which suggests that the house was one of t he fi rs t in the neighborhood . 1356 Main is first listed in t he 1889 City Di rectory a nd the 1891 Sanborn map.
Page of 21 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Photographs of the subject house
Front showing some of the yard with recent landscaping
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DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
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Page of 22 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Front of house
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DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
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Page of 23 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update At left and above: Front gable with detail
At right and below: Fixed window with transom and panel in the first story bay window.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
"'!
-
]
Page of 24 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Above: Front porch
At right: Sunburst brackets with knob pendant
in the corner of the bay window.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
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Page of 25 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Front door with detail of
hardware.
Bottom row: Porch balusters
and sunburst brackets.
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DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page of 26 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Front porch: Newel posts, balusters, railings, deck,
and steps.
Below: The north side of the house.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 27 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update The gabled south side of the front block of
the house, with detail.
At left: Paired double-hung windows on the south side of the original first story of the rear block of the house.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information J
Page of 28 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Four photos of the rear addition, including a detail of the railing. All of this fabric dates to 1995 or 1999.
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 29 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Shed with Victorian style posts
Car port of 1995 (or 1999)
Back yard landscaping
State of California — The Resources Agency Primary #
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CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 30 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Other Queen Anne houses in Santa Clara
This page shows a range of other houses in this style. The subject house is oldest of these. Dates are from the preservation chapter of city’s Master Plan or from plaques on the houses. 981 Fremont Street (1892) 1309 Alviso Street (1890) 1009 Harrison (1895) 1494 Homestead (post-1890) 1065 Harrison Street (ca. 1891) 1051 Harrison (1891). 1474 Homestead Road (n.d.) 1380 Lincoln (1895) 1567 Lexington St. (1890) 1059 Madison Street (1890) 1695 Market Street (1895) 1116 Washington (1892) At right:
1460 Main Street (ca. 1890)
784 Monroe Street (1895)
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 31 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Plans for the rear addition of 1995
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Ging,rri>rNd to mat.ch IIXl•fi~.g
h~«p<>f'dt
P~d,.ra/li:,gftomau-1,
t!:>d~r'lgfflt~h
C,,,,,.,,mol,;l/ng
Addition to the
W1t,dowda:o~o" t<> mat.ch
eci•iin,i,kkwin;ow
Nathan H. Downing House
Queen Anne Cottage
Bui/tin 1887
Re,;tored 1982
Exieting
Addition
I
South Elevation The Reeves Family
1356 Main Street
Santa Clara, CA 95050
(408) 249-0386
Page of 32 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information _ _ _ ___ to 5treet
:u=. , ' -~~] _____ _
Addition to the
Na-than H. Downing How,e
Queen Anne Cot-tage
Built in 1887
Restored 1382
Existing
Addition
North Elevation
S.-roafplkff-~roaf
The Reeves Family
1:356 Main Street;
San-ta Clara, CA 95050
( 408) 249-0:386
Page of 33 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information ,. I
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For APN/Parcel ID(s): 269-05-029
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL OF LOT 6 IN BLOCK 4 NORTH, RANGE 2 WEST OF THE CITY OF SANTA CLARA, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF THE TOWN AND SUB-LOTS OF SANTA CLARA" WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 22, 1866 IN BOOK B OF MAPS, AT PAGE 103, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF MAIN STREET, DISTANT THEREON 102.50 FEET
SOUTHERLY FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF MAIN STREET, WITH THE SOUTHERLY LINE OF LEWIS STREET: THENCE SOUTHERLY AND ALONG THE WESTERLY LINE OF MAIN STREET 63 FEET; THENCE RUNNING WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF LEWIS STREET, 152.50 FEET; THENCE RUNNING NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF MAIN STREET 63 FEET; THENCE RUNNING EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF LEWIS STREET, 152.50 FEET TO THE POINT OF BEGINNING.
Grant Deed
SCA0000129.doc / Updated: 04.08.20
Printed: 03.14.21 @ 04:46 PM
CA-CT-FWPS-02180 .054996-FWPS-2996210182
Secretary of Interior's Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materia Is or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
Nathan H. Downing House
1356 Main Street
Santa Clara CA
Greetings,
My wife Mary Ann and I moved to California many years ago and bought our first single family home in Santa Clara in 2011. We love this town with its history - the Mission, the classic homes in the Old Quad, the bells of the Monastery, the many family-owned businesses and restaurants. When we saw the listing for the Nathan H. Downing House in January 2021, we were immediately struck by its charm, its traditional look and character, and the location. I have lived in historic homes in New England and the idea of raising our children in one is a dream for both my wife and me. The previous owners clearly loved this home, and we were lucky enough to be able to purchase it and dedicate ourselves to caring for it. The story behind the home of Nathan Downing and his family are a part of what makes this house special - Nathan founding the Santa Clara Journal, and his daughters Bertha and Bernice Downing carrying it forward, and of course the renown that Bertha in particular holds in Santa Clara’s history (wikipedia).
There are too many treasures found in and around this home to list them all. The interior captivates with its high ceilings, the antique doors and moldings, the oversized pocket door that sets off the front living room with original windows that gather all the morning sun. The expansive lot keeps us in fruit nearly year round - persimmons in the front (which we love to share with the neighbors!), apple on the side by the towering palm, and nectarines, lemons and two varieties of cherries out back. Waking up to the bells of the monastery, the birdsong, the sunrise lighting the trees that surround the house - it’s magical.
We are now walking distance from our favorite places - the Farmer’s Market, Mio Vicino and Fiorillo’s, and the roses of the university for weekend walks. The kids kept their same schools and friends when we moved, and our generouslysized outdoor spaces have become a gathering spot for friends and fun. I continue to run over to San Tomas trail and even sometimes up to the stadium.
We will preserve the house, and are committed to investing to safeguard it. The plan we have put forward provides this house with the care it needs to continue its history in Santa Clara while we continue the traditions of home, holiday and neighborhood.
Sincerely,
Brian Dawbin and Mary Ann Salyards
October 13, 2021
Brian Dawbin & Mary Ann Salyards
1356 Main Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Nathan H Downing House, c. 1887
Dear Planning Staff and Historic & Landmark Commissioners, The following is our proposed 10-year plan for the restorations and maintenance of our historic home at 1356 Main Street. All items to meet the Secretary of Interiors standards for Treatment of Historic Properties:
Years 1-2 (2022-2023)
Foundation/Grading/Drainage: Improve rainwater management around the perimeter of the house: The existing grade (soil) around the house is inadequately sloped (towards the house) which can lead to foundation settlement and compromise the structural integrity of the historic residence. The grade also contacts the historic wood siding / framing which can lead to rot and termite damage. Therefore, we propose to regrade around the perimeter of the residence as required by the building code, correct improperly sloped roof gutters, and connect the rain water leader downspouts to concrete splash blocks or subsurface drain lines to outlet downhill and away from the residence.
Years 3-5 (2024-2026)
Roofing: Replace failing asphalt composition shingle roofing (improperly flashed resulting in leaks with water damage): Install new triple layer (tri-lam) asphalt composition shingle roofing (example: Certainteed Landmark TL) with a more similar profile and shadow line of wood shingles (what was originally on the home).
Years 6-7 (2027-2028)
Window Restoration: Restore / Repair existing historic wood window sashes. Where windows sashes are inoperable from being painted shut or where pulley ropes have been they will be restored to working order by cutting the paint and installing new pulley ropes where required. Any minor dry rot areas on the window sashes shall be repaired with epoxy filler and repainted to match. Where elements of the existing window sashes have excessive rot (stiles or rails) they shall be replaced with salvaged or custom milled wood to match. Glazing putty, where cracked, shall be replaced and the window sash shall be painted to match existing. needed.
Years 8-9 (2029-2030)
Exterior Painting: Repaint entire exterior of residence including all exterior wood siding, eaves, gutters / downspouts, windows and doors and their associated trim, all porches and railings. Any minor dry rot or pest damage at all wood material shall be repaired with epoxy filler. Where wood elements have excessive damage, they shall be replaced with salvaged or custom milled wood to match existing.
Year 10 (2031)
Kitchen Renovation: Replace existing oak cabinets and/or cabinet doors to achieve a style that more closely matches the style of the historic residence (example: white shaker style doors). Replace vinyl faux tin ceiling with either wood beadboard or a tin ceiling material. Replace vinyl kitchen floor with wood flooring or marmoleum flooring that is more compatible with the historic home.
We absolutely love this historic home and the Old Quad neighborhood and will cherish the memories we will make here with our family. We are proud to be a part of the next chapter for this delightful treasure of Santa Clara’s history.
Brian & Mary Ann
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-564 Agenda Date: 5/5/2022
REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Consideration of a Historical Preservation Agreement (Mills Act Contract) for 1356 Main Street
BACKGROUND
Property owners Brian Dawbin and Mary Ann Salyards are requesting a Historical Preservation Agreement (Mills Act Contract) for the property located at 1356 Main Street. A requirement of the Mills Act is that the building must be a qualified structure, listed on either a local, State or National register. The property is currently listed on the City’s Historic Resource Inventory (HRI) for age and the architectural integrity of the residential structure.
The property is located on the west side of Main Street, approximately 135 feet south of Lewis Street.
The existing residence is an approximately 2,236 square-foot, two-story Queen Anne Cottage architectural style constructed circa 1887. The main house features a cross-gabled roof and is clad in rustic siding. It is composed of two main blocks, one in the front and the other in the rear, of which the front is the larger. The front porch has an early or original wooden deck accessed by a short staircase with replacement wooden steps, but original carved newel posts and railings. The rear block of the house was originally one story in height but received a major addition in the 1990s. The addition consists of a second story over the original first floor, plus a two-story wrap-around balcony with Victorian-styled posts, newels, and balusters. The exterior of the front block is essentially unchanged since the time of construction, and the interior has many original features as well. The rear block, originally one story in height, has been greatly added to with a second story and two stories of balconies.
The proposal includes approval of a Mills Act Contract and adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
DISCUSSION
A Department of Recreation (DPR) 523A Form was prepared by William Kostura in August 2021, assessing the historical significance of the property, and is attached to this report (Attachment 2).
The evaluator finds 1356 Main Street has been well maintained and its architectural integrity has only been slightly diminished with the historic use of the building remaining the same. The evaluator concluded that the property continues to retain sufficient integrity to qualify as a historic property since first designated as a Historically Significant Property based on the National Register of Historic Places Criteria, the California Register of Historic Resources Criteria and the City’s Local Significance Criteria as described in the report.
The property owners have submitted a Statement of Justification and 10-Year Plan for restoration and maintenance of the property. The Plan includes regrading around the perimeter of the residence, re-roofing, window restoration, exterior painting, and kitchen renovation. The property owners will City of Santa Clara Page 1 of 2 Printed on 4/28/2022
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22-564 Agenda Date: 5/5/2022
obtain Significant Property Alteration permits for the work described in the Plan as required by the Historic Preservation Ordinance.
Staff finds that the work proposed in the 10-Year Restoration and Maintenance Plan adheres to the Secretary of the Interior’s Standards for Rehabilitation. The proposed improvements support the preservation, protection, and maintenance of a locally designated significant structure.
ENVIRONMENTAL REVIEW
The Mills Act program is exempt from the California Environmental Quality Act (CEQA) environmental review requirements per CEQA Section 15331, which exempts project limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior Standards.
PUBLIC CONTACT
No public comments have been received at the time of preparation of this report.
RECOMMENDATION
Staff recommends that the Historical and Landmarks Commission find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend Council approval of a Mills Act Contract, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
Prepared by: Nimisha Agrawal, Associate Planner, Community Development Approved by: Lesley Xavier, Planning Manager, Community Development
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Secretary of the Interior’s Standards for Rehabilitation
4. Statement of Justification
5. 10-Year Restoration and Maintenance Plan
6. Draft Historic Property Preservation Agreement (Mills Act Contract) City of Santa Clara Page 2 of 2 Printed on 4/28/2022
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For APN/Parcel ID(s): 269-05-029
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL OF LOT 6 IN BLOCK 4 NORTH, RANGE 2 WEST OF THE CITY OF SANTA CLARA, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF THE TOWN AND SUB-LOTS OF SANTA CLARA" WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON AUGUST 22, 1866 IN BOOK B OF MAPS, AT PAGE 103, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF MAIN STREET, DISTANT THEREON 102.50 FEET
SOUTHERLY FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF MAIN STREET, WITH THE SOUTHERLY LINE OF LEWIS STREET: THENCE SOUTHERLY AND ALONG THE WESTERLY LINE OF MAIN STREET 63 FEET; THENCE RUNNING WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF LEWIS STREET, 152.50 FEET; THENCE RUNNING NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF MAIN STREET 63 FEET; THENCE RUNNING EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF LEWIS STREET, 152.50 FEET TO THE POINT OF BEGINNING.
Grant Deed
SCA0000129.doc / Updated: 04.08.20
Printed: 03.14.21 @ 04:46 PM
CA-CT-FWPS-02180 .054996-FWPS-2996210182
Page of 1 33 *Resource Name or #: (Assigned by recorder) 1356 Main Street P1. Other Identifier:
P2. Location: ! Not for Publication " Unrestricted *a: County Santa Clara and (P2c,P2e, and P2b or P2d. Attach Location Map as necessary.) *b. USGS 7.5' Quad Date T ; R ; ¼ of ¼ of Sec ; B.M.
c. Address 1356 Main Street City Santa Clara Zip 95050
d. UTM: (Give more than one for large and/or linear resources) Zone ; mE/ mN *e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
*P3b Resource Attributes: (List attributes
and codes)
*P4. Resources Present: " Building
! Structure ! Object ! Site ! District !
Element of District ! Other (isolates, etc.)
P5b. Description of Photo:
(View, date, accession #)
View looking west, August 2021
*P6. Date Constructed/Age and
Source: " Historic
! Prehistoric ! Both
ca. 1887
*P7. Owner and Address:
Brian Dawbin
1356 Main St.
Santa Clara. 95050
*P8. Recorded by: (Name,
affiliation, and address)
William Kostura
P. O. Box 60211
Palo Alto, CA 94306
*P9. Date Recorded:
August 2021
*P10. Survey Type: (Describe). intensive
P11. Report Citation*: (Cite survey report and other sources, or enter "none".) none *Attachments: ! NONE ! Location Map ! Sketch Map " Continuation Sheet " Building, Structure and Object Record ! Archaeological Record ! District Record ! Linear Feature Record ! Milling Station Record ! Rock Art Record ! Artifact Record ! Photograph Record ! Other (List)
State of California — The Resources Agency Primary # ____________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ____________________________ PRIMARY RECORD Trinomial ____________________________
NRHP Status Code ___________________
Other Listings ________________________
Review Code Reviewer Date ___________
DPR 523A (1/95) DPR 523 A&B forms, Pages.pages *Required Information This property falls within the Old Quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. Old Quad encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east. A moderate number of houses in this area date to the 1850s-1880s, and very large numbers date to the 1890s-1900s. Along the eastern edge of the neighborhood is Santa Clara University, which consists of about eight large buildings dating from 1911-1930, plus newer buildings.
By contrast, Santa Clara’s historic downtown was razed in the 1960s through urban renewal. (See Continuation Sheet, page 2.)
Page of 2 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date ___August 2021__________ " Continuation ! Update Description (continued)
The subject house, 1356 Main Street, is situated between Lewis and Harrison streets on a suburban lot measuring 63 feet in width by 152’-6” in depth. The house is set back from the front property line enough to allow for a spacious front yard. In the back yard are two outbuildings. Although two outbuildings existed in the back yard in historic times, the present buildings are almost certainly different structures and are relatively recent in date. One of them is a small shed with a hipped roof and greatly extended eaves that are supported by square posts. The other is an open car port with open sides that was built in the 1995 or a little later. Both of these small buildings employ shaped, curved brackets in emulation of the Victorian era.
The house itself is two stories in height, is wood-framed in construction, has a cross-gabled roof, and is clad in rustic siding. It is composed of two main blocks, one in the front and the other in the rear, of which the front is the larger. The next seven paragraphs describe the exterior of the front block.
This front block is L-shaped, with a forward wing at right, facing east (toward the street), a recessed wing at left, and a porch that fills the recess. The roof is gabled on three sides, with a front-facing gable over the forward wing (at right) and side gables facing north and south. On all sides the eaves are boxed and extend slightly beyond the walls of the house.
As mentioned above, the front porch fits into the angle of the two wings, all but filling the recess. It stretches almost, but not quite, the full width of the recessed wing behind it. Turned posts with decorative brackets and a course of spindles support the sloping wooden porch roof. The porch has an early or original wooden deck which is accessed by a short staircase with replacement wooden steps.
The staircase has original carved newel posts and railings with stick-like balusters. These balusters, and similar balusters in the porch railing, are lightly scored to create texture.
The house is given its Queen Anne style through its form and a number of decorative elements. In the upper zone of the front gable, between the apex and a molded cornice, are courses of squares with incised bulls-eyes. Small curved brackets or corbels support the cornice. Beneath this, the second story is clad in decorative shingles with clipped bottom edges. The first story of this wing is expressed as a bay window with slanted sides. At the top of the bay window, curvilinear brackets with sunburst patterns and pendant knobs give visual support to the overhang of the second story. A panel filled with diagonal boards can be found over the first story window and transom. Rectangular panels can be found at the base of the bay window on all three sides.
On its south side, the recessed wing (at left) is treated similarly to the forward-facing wing: gabled, with boxed eaves; a cladding of fish-scale shingles in the gable; a first story treated as a bay window with slanted sides and sunburst brackets; panels filled with diagonal boards over the lower window; and panels at the base. The main difference is the lack of a cornice at the second floor level.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 3 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date ___August 2021__________ " Continuation ! Update Description (continued)
On the north side (at right) is a gable that corresponds with the gable on the south side. This gable is flush with the wall and is also surfaced with fish-scale shingles.
All windows in the front block appear to be original, with wooden sash surrounded by flat board trim.
With one exception, all windows are double-hung. The exception is in the first story of the forwardprojecting wing at right. Here, a fixed transom window can be found over a large, fixed single-light window. The transom window is divided by muntins in a decorative pattern. All of the first story windows have wooden sills. The windows on two sides of the upper story — facing the street and on the south side — are paired, with narrow supporting moldings instead of sills. Two windows in the north side are similar, though they are slightly separated rather than engaged.
One more feature in the front block remains to be described. The front door is wooden, with five panels, of which the center panel is filled with decorative pyramidal studs. This door retains its original tooled brass hardware (knob and plate).
The rear block of the house was originally one story in height but received a major addition in the 1990s. (The plans for this addition are dated 1995. Building permits suggest the addition may not have been completed until 1999.). The only notable feature in the original first story is a set of paired windows with double-hung sash, flat board trim, a wooden sill, and narrow molded supporting brackets on the south side. The addition consists of a second story over the original first plus a two-story wrap-around balcony with Victorian-styled posts, newels, and balusters.
The interior has a number of original features, including a staircase with carved newel post and turned balusters, a fireplace with wooden mantle, an arched passageway with corbels between rooms, paneled doors, and window and door trim that is typical of late 19th century houses.
To sum up the integrity of this house: The exterior of the front block is essentially unchanged since the time of construction, and the interior has many original features as well. The rear block, originally one story in height, has been greatly added to with a second story and two stories of balconies.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 4 33 *NRHP Status Code
*Resource Name or # (Assigned by recorder) 1356 Main Street B1. Historic Name: Nathan H. Downing house
B2. Common Name:
B3. Original Use: residence B4. Present Use: residence
*B5. Architectural Style: Queen Anne
*B6. Construction History: (Construction date, alterations, and date of alterations) House built 1887. Rear addition and carport built in 1995 or 1999.. *B7. Moved? " No ! Yes ! Unknown Date: Original Location:
*B8. Related Features:
B9a. Architect: unknown b. Builder: unknown
*B10. Significance: Themes history, persons, architecture Area local (Santa Clara) Period of Significance 1887-1925 Property Type residence Applicable Criteria 1, 2, 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) History
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
See Continuation Sheet.
B13. Remarks:
*B14. Evaluator: William Kostura
Date of Evaluation: August 2021
State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) DPR 523 A&B forms, Pages.pages *Required Information (Sketch map with north arrow required)
(This space reserved for official comments.)
This section includes a timeline and brief history of the Old Quad neighborhood of Santa Clara; the history of the subject house; and a brief description of Queen Anne-style houses in Santa Clara that puts the architecture of this house in context.
Old Quad history
The Old Quad covers the quadrangle shown in an 1866 survey by J.J. Bowen. It encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east. The area includes Santa Clara University, which was once the site of Mission Santa Clara. Generally speaking, the Old Quad is the oldest part of Santa Clara. The overwhelming majority of its historic buildings are located here.
(See Continuation Sheet, page 5.)
Page of 5 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Old Quad history (continued)
Major factors in Santa Clara’s growth and economy include:
1777. Founding of Mission Santa Clara de Asis by the Franciscan order of Spain. This mission was secularized by Mexico in 1833 but the mission chapel continued to function as a church afterward.
It was enlarged and rebuilt several times over the next century. 1851-present. After the takeover of California by the United States, the Jesuits acquired the mission and established Santa Clara College in 1851. It became known as the University of Santa Clara in 1912 and as Santa Clara University in 1985. The older buildings on this campus date to the period 1911-1930 and were designed by architects Will D. Shea, John J. Donovan, and Henry A. Minton.
The chapel of 1928 was designed by Minton to replicate the old adobe mission building of ca. 1824. 1852. The City of Santa Clara incorporates.
1863. The railroad connecting San Francisco and San Jose reaches Santa Clara. The railroad depot still stands, now at 1005 Railroad Avenue.
1885-1990s. Agnew’s State Hospital. The Victorian building of 1885 collapsed in the earthquake of 1906, with great loss of life. New buildings were built from 1908 through the 1910s to designs by the State Architect George C. Sellon. After the campus was sold to Sun Microsystems in the late 1990s, only the best four of the Agnew’s buildings were retained, and the rest were demolished. 1890s-1950s. Santa Clara Tannery. This long-lasting business occupied many wooden buildings at the northeast corner of Lexington and Grant streets.
1890s-1960s. The Pacific Manufacturing Company was a huge business occupying many buildings in the block of Alviso, Bellomy, Grant, and Locust streets, plus warehouses and sprawling lumber yards in adjacent blocks. It made coffins, window sash, doors, blinds, cabinets, and windmills. 1910s-1960s. Fruit canning. There were several canneries in Santa Clara during these decades, but three were the largest and longest lasting: Rosenberg Brothers and Company; the Pratt-Low Preserving Company; and Libby, McNeill and Libby. Pratt-Low’s complex included a huge onestory cannery building plus 25 seasonal workers’ cabins in 1915, and by 1950 it had expanded to include over 100 workers’ cabins. By 1950 Rosenberg Brothers had absorbed Libby, McNeill and Libby, and by 1961 Rosenberg Brothers had been taken over by the Mayfair Packing Company.
Collectively, these canneries were probably the largest employer in the City of Santa Clara during most of the 20th century.
(See Continuation Sheet, page 6.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 6 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Old Quad history (continued)
1960s-present. The semiconductor industry becomes important in Santa Clara. 1963. The city’s old downtown is razed in order to receive funding from the federal government for urban renewal.
To the above list should be added Santa Clara’s close proximity to the city of San Jose, where some Santa Clara residents worked.
The demolition of the city’s old downtown was a major historical loss, but the built environment in Santa Clara is otherwise able to represent, or evoke, important themes in Santa Clara’s early history. An adobe house at 3260 The Alameda (now the Santa Clara Women’s Club) is a ca. 1790s building that was part of the Spanish-era mission complex. The Berryessa adobe at 373 Jefferson Street (late 1840s) represents the Mexican or very early American period. Two other early properties evoke Santa Clara’s early agricultural economy. The older is the James Lick flour mill complex, at 4101 Lick Mill Boulevard, at Mansion Park Drive. Its four buildings were built in 1857, the 1860s, and the 1880s and include a granary, a house, an office, and a hall. The Harris-Lass house at 1889 Market Street (1865) includes a farmhouse, a barn, a water tank, and farming implements. As mentioned above, four early twentieth century buildings survive at Agnew’s State Hospital, and about eight buildings from 1911-1930 survive at Santa Clara University.
Most prolifically, the Old Quad area is filled with hundreds of 19th and early 20th century houses that retain good to high integrity. A few houses date to the 1850s, a moderate number date to each decade of the 1860s, 1870s, and 1880s, and very many date to the 1890s-1930s. While it is beyond the scope of this report to describe these houses in any detail, it can be said that they range from modest, vernacular working-class houses to large houses built for the well-to-do. Houses in the latter group are often elaborately decorated, but smaller houses, especially those built before the 1920s, often possess fine details as well.
Because the subject house is a Queen Anne dating from the 1880s, a number of similar houses of the period and style are illustrated below.
The first owners of this house, the Downings
This house is listed in the City of Santa Clara’s Master Plan (in its Historic Preservation and Resource Inventory page) as the Nathan H. Downing house, with a construction date of “ca. 1887.” Primary source research supports both this construction date and the identity of the first owner. (See Continuation Sheet, page 7.)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 7 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update The first owners of this house, the Downings (continued) Nathan Hall Downing (1852-1905) was a native of Missouri, where he worked as a farmer. In 1878 he and his wife Ida (b. 1853) lived in Knox County, where their twin daughters Bertha and Bernice were born. The family came to California in about 1885, to the East Bay town of Livermore, and the following year, in April 1886, Nathan purchased a newspaper, the Livermore Valley Review. It was, a newspaper notice said, “to be independent in politics.” The Downings stayed only briefly in Livermore. By January of 1887 they were living in Santa Clara and Nathan Downing had purchased another newspaper, the Santa Clara Journal, which had been founded in 1867 as the Santa Clara News. Under Downing’s proprietorship it became an energetic booster of Santa Clara’s prosperity. On July 4th, 1887, he published a special edition that touted the attractions of the Santa Clara Valley and of the town itself. A nearby newspaper, the San Jose Herald, offered high praise at the time. It said Downing “is determined to push his lovely town into the front rank, and… has with tireless energy and courage swept every obstacle aside and is rapidly bringing Santa Clara the prominence she deserves.” Until Downing came along, it said, “such enterprise was unknown” in Santa Clara, and the town “had no home Ajax to fight her battles.” Among other issues, the Journal favored the establishment of a cable railroad through the town. Both of the San Jose newspapers — the Herald and the Mercury News — made frequent mentions of the Downings, with occasional praise of his newspaper.
The paper was a semi-weekly in the 1890s and probably before then as well. To supplement his newspaper income, Downing may have done job printing on the side. This can be inferred by the fact that his occupation in the 1900 census is given as a “printer” and the fact that he issued a calendar on one occasion.
The Downings’ almost certainly built their residence at 1356 Main Street in 1887, soon after their arrival in Santa Clara. Many news items and city directory listings note their location here. To work backward in time: When Nathan H. Downing’s death in December 1905 was noted in the San Jose Mercury News, his residence was given as 1356 Main Street. City directory listings of 1901-1905 also list their address as 1356 Main, while directories of 1892 and 1894 list their address as Main near Lewis. In 1893, a brief notice in the San Jose Herald stated that the Downings celebrated their fifteenth wedding anniversary at their Main Street residence. In September 1889 the Downings’ son Carl, aged seven, died of diphtheria at the family home “on Main Street.” In 1888, close relatives and in-laws of the Downings, Mr. and Mrs. W. R. McQuoid of Kansas City, had come to reside in Santa Clara at the corner of Main and Lewis streets. They probably lived either with or very near the Downings. (Mr. McQuoid was in the area in order to work for Hubert Howe Bancroft in writing the history of California, Oregon, and Washington Territory.) Thus, the Downings appear to have been living in the subject house by 1888, and certainly in 1889.
(See Continuation Sheet, page 8.)
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 8 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update The first owners of this house, the Downings (continued) Upon N. H. Downing’s death in December 1905 the Journal was inherited by his daughters Bertha and Bernice, each age 27, and they were the proprietors, publishers, and editors of the newspaper for the next 20 years. They probably divided the tasks among themselves; for instance, local city directories for this period list Bernice as the manager and Bertha as the editor. Bertha must have assumed greater duties in 1922, when Bernice was appointed Santa Clara’s postmaster, a job she held for twelve years under three Republican presidents. Under the twin sisters, the Journal remained a semi-weekly. Without giving more detail, Bernice’s entry in Wikipedia states that “They transformed the Santa Clara Journal from a free press to a paying proposition.” Bernice sold the newspaper in September 1925, less than three months after Bertha’s death. In the same year, Bernice moved out of this house to live on Franklin Street in Santa Clara.
Both women were state officers in a national organization, the League of American Pen Women.
Bernice was also a state vice-president of the National Editorial Association. For several years she was a member of the Santa Clara County Republican Committee — in 1914 she received the most votes among its five candidates — and according to her obituary Bertha was a member of this committee also.
Bernice clearly had a dynamic personality. Numerous newspaper articles mention her popularity as a speaker before different groups around the Bay Area and in cities further south. Some time after 1930 she moved to San Jose, where she died in 1940.
Subsequent owners and residents of the house
Because the Santa Clara County offices have been closed this year, performing a chain of title is not possible at present. Of the residents listed below, the Murrays and Pasins are known (from their census listings) to have owned this house as well as lived here; Johnson and the Macedos are only known to have resided here.
1926: Joseph F. Johnson, no known occupation.
1928-1934: William L. and Melba Murray, both natives of Louisiana. His work always involved the repair and driving of motor vehicles. In 1926 and 1928 he was a “batteryman,” in 1927 he was a tractor operator, during 1930-1931 he was an auto mechanic in a garage, in 1932 he was a truck driver, and during 1933-1934 he was a chauffeur. In contrast to the Downing family, the Murray family members were registered as Democrats in the 1932 voter lists. In 1935 the Murrays moved to 1310 Main Street, and then, from 1939 into the 1960s, they lived at 1386 Main Street.
(See Continuation Sheet, page 9.)
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Recorded by William Kostura *Date August 2021 " Continuation ! Update Subsequent owners and residents (continued)
1935-1950: Angelo C. and Catherine Pasin, natives of Italy and Spain, respectively. He always owned a barber shop on Franklin Street in Santa Clara. In 1935-1939 he co-owned this business as Lavinio and Pasin. The Pasins lived here with their daughters Rose and Victoria. 1955-1965. Mrs. Albertina Masedo, no known occupation, lived here through 1964. Her relative Julio (Jules), occupation also unknown, usually lived here, too, through 1965.
The Queen Anne style
The style of this house is Queen Anne. That style originated in England as an urban residential style that emphasized delicate surface ornament, usually on brick buildings. When the style was introduced to the United States in 1874 by Henry Hobson Richardson, with his W. Watts Sherman house in Rhode Island, it was in a very different, suburban, wood-framed mode.
East coast styles typically took a decade or so to arrive in California, and Queen Annes only began to be built in any numbers in San Francisco in about 1885. A few years more were required for the style to find its way to smaller cities and towns, but then it remained common through the 1890s and persisted into the first years of the 20th century. Thus, an 1887 construction date for the N. H. Downing house is both plausible and fairly early for Santa Clara.
In California, Queen Anne houses almost always have front-gabled roofs, a bay window with slanted sides beneath the gable, decorative shingles within the gable, and abstract surface ornament carved from redwood. In San Francisco, these houses are usually on narrow lots and have a vertical emphasis. In smaller cities and towns such as Santa Clara, where wider lots are the rule, houses are typically only one story plus an attic and basement in height, have a recessed wing fronted by a covered porch, and are horizontal in their emphasis.
Approximately 60 Queen Anne houses are listed on the “Historic Preservation and Resource Inventory” page of the City of Santa Clara’s website. Construction dates for these houses range widely, from 1866 to 1910. The few dates that pre-date the mid-1880s are almost certainly incorrect, and even 1885 (the date given to four houses) seems too early.
In all likelihood the subject house, with its construction date of 1887, is one of the very earliest Queen Anne-style houses in Santa Clara.
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Recorded by William Kostura *Date August 2021 " Continuation ! Update Integrity
The only notable alteration to this house has been a second story addition with covered balconies to the rear block. This was a large addition that comprises perhaps a quarter or a third of the total bulk of the present house. It left the original one-story rear wing in place, building on top of it and preserving an original paired window on the south side of that wing.
This addition left all three sides of the front block of the house intact. As is usual with historic houses in Santa Clara, the front is the part that has the important style features and conveys the Queen Anne style.
Important elements such as the covered porch with turned posts, window sash, siding, and other details remain. Thus, the house retains integrity of design, materials, workmanship, and feeling. Because the house has never been moved, it retains integrity of location. Because the house would be readily recognizable to the early residents, it also retains integrity of association.
Regarding setting, a slight majority of the houses on both sides of this block of Main Street date from the 19th or early 20th centuries and are little altered. Thus, the setting of this house is mostly retained for that period but is somewhat diminished.
Evaluation to California Register Criteria
The California Register of Historical Resources is an inventory of significant architectural, archaeological, and historical resources in the State of California. Resources can be listed in the California Register through a number of methods. State Historical Landmarks and National Registerlisted properties are automatically listed in the California Register. Properties can also be nominated to the California Register by local governments, private organizations, or citizens. The evaluative criteria used by the California Register for determining eligibility are closely based on those developed by the National Park Service for the National Register of Historic Places.
In order for a property to be eligible for listing in the California Register, it must be found significant under one or more of the following criteria:
* Criterion 1 (Events): Resources that are associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States.
* Criterion 2 (Persons): Resources that are associated with the lives of persons important to local, California, or national history.
(See Continuation Sheet, page 11.)
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Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation to California Register Criteria (continued)
* Criterion 3 (Architecture): Resources that embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of a master, or possess high artistic values.
* Criterion 4 (Information Potential): Resources or sites that yield or have the potential to yield information important to the prehistory or history of the local area, California, or the nation. This criterion relates mostly to archaeology and so is not considered here.
Criterion 1. A moderate number of houses in the Old Quad neighborhood of Santa Clara are older than this one. One has been dated to the 1770s, one has been dated to the 1840s, and a scattering date to the 1850s-1880s. As a percentage of all of the houses in the Old Quad area, however, this house is still one of the oldest. Only a small percentage date to the year 1887 or earlier. The house thus represents an early period in Santa Clara’s history when the town was just starting to transition from rural to suburban in feeling. Because of its age, its high integrity, and its ability to represent this early period of Santa Clara’s history, this house appears to be eligible for the California Register at the local level under this criterion. The Period of Significance under this criterion is 1887-1910s, the first three decades of the house’s history and a period when much of the Old Quad area was still being developed.
Criterion 2.
Both collectively and individually, three of the Downing family members, Nathan and his daughters Bernice and Bertha, were important in Santa Clara’s history. Nathan Downing purchased the city’s only newspaper, the Santa Clara Journal, and according to another (San Jose) newspaper raised it to another level while he published it for nineteen years, from 1886 until his death in 1905. He used this newspaper as a means of advocating for Santa Clara’s growth. His twin daughters then published and edited the paper for the next twenty years, until Bertha’s death in 1925. They were prominent in Santa Clara society in other ways as well, including as members of the County’s Republican Central Committee, and, in Bernice’s case, as the local Postmaster and as a frequent public speaker.
These are strong credentials for the Downings’ importance in Santa Clara’s history from 1886 until 1925. The family lived in this house for almost all of that period, from 1887 to 1925.
For these reasons, the subject property appears to be eligible for the California Register under this criterion. The Period of Significance is 1887-1925.
(See Continuation Sheet, page 12.)
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 12 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation to California Register Criteria (continued)
Criterion 3
This is a fine example of a Queen Anne residence, and is one of the oldest houses of this style in Santa Clara. It must also be one of the oldest in the Bay Area. It has many of the features that is commonly associated with suburban examples of the style, including its gabled roof, a recessed wing whose angle is filled by a covered porch with turned posts, decorative shingles in the gable, brackets with sunburst patterns, and other decorative elements. While the rear addition is large, it is all but invisible from the front of the house. On the front, north side, and south side this house still clearly expresses its original Queen Anne design.
For this reason, the property does appear to be eligible for the California Register under this criterion at the local level. The Period of Significance is 1887, the year of construction. If a census is ever performed on the earliest surviving Queen Anne houses in the wider Bay Area, this house might also be found to be eligible at the regional level.
Contributing features
All of the contributing features of this house are found in the two-story front block of the house. They include:
* its footprint, height, and width
* all three gables with their boxed eaves and decorative shingles * in the front gable, the courses of squares with bulls-eyes, and the molded cornice with supporting brackets of corbels
* the bay windows with slanted sides on the front and south sides * the rustic siding
* the front porch with its sloping roof, turned posts, newel posts, curved brackets at the top of the posts, the railing and the balusters, and the wooden deck * the paneled front door with its tooled hardware
* the sunburst brackets at the top of the first story in the bay window (See Continuation Sheet, page 13.)
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 13 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation to California Register Criteria (continued)
* the double-hung windows with their sills and flat board trim * the fixed window in the front plane of the bay window, and its muntins, and * the panels with diagonal boards over the first story windows in the bay windows.
The parts of the property that are not character-defining include:
* the landscaping of the front and back yards
* the non-original steps of the front porch
* the rear block of the house, because the addition of the 1990s overwhelms the part in the first story that is original, and
* the shed and car port in the back yard.
Evaluation under City of Santa Clara criteria
The Criteria for Local Significance were adopted on April 20, 2004, by the City of Santa Clara City Council and are listed under Section 8.9.2 of the City of Santa Clara General Plan, Criteria for Local Significance. Under this section of the General Plan, any building, site, or property in the City that is 50 years old or older and meets certain criteria of architectural, cultural, historical, geographical or archeological significance is potentially eligible.
The subject property appears to meet the following local criteria:
Criterion for Historical or Cultural Significance
3. The property is associated with an important individual or group who contributed in a significant way to the political, social and/or cultural life of the community.
The original owners of this house, the Downings, owned the Santa Clara Journal from 1886 through 1925. Nathan H. Downing, in particular, was noted for raising the importance of the newspaper and for using it as a vehicle for promoting the city of Santa Clara, while his daughters Bernice and Bertha, in addition to publishing and editing the paper, were notable figures in Santa Clara in other ways. Both were members of the County’s Republican Central Committee, and Bernice was the local Postmaster and a frequent public speaker. (See Continuation Sheet, page 14.) State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 14 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Evaluation under City of Santa Clara criteria (continued)
4. The property is associated with a significant industrial, institutional, commercial, agricultural, or transportation activity.
This house is almost certainly the last building in Santa Clara that has a close association with the Santa Clara Journal, the city’s only newspaper for many years.
5. A building’s direct association with broad patterns of local area history, including development and settlement patterns, early or important transportation routes or social, political, or economic trends and activities. Included is the recognition of urban street pattern and infrastructure.
This house was built in 1887 and is one of many in Old Quad that predate World War II. After that war, rapid suburban growth changed the character of the larger city. This house, and hundreds of other houses in Old Quad from the 1850s-1930s, collectively create the feeling that Santa Clara is a historic city. This feeling remains strong and depends on the fact that so many houses from these decades can still be found in almost all parts of Old Quad. In addition to its individual significance as an early Queen Anne house (see below), this house contributes to the historic feeling of the Old Quad area.
Criterion for Architectural Significance
1. The property characterizes an architectural style associated with a particular era and/or ethnic group.
Built in 1887, this house is a very early and a distinctive example of the Queen Anne style. Its notable features are listed elsewhere in this report.
7. A building’s notable or special attributes of an aesthetic or functional nature. These may include massing, proportion, materials, details, fenestration, ornamentation, artwork or functional layout.
This house features a recessed wing with a covered porch filling most of the recessed area. This form is common among Queen Anne houses in Santa Clara and is both highly functional and aesthetically pleasing. The carved newel posts, turned porch posts, and balusters draw visual attention to this part of the house. Elsewhere, on the front and south sides, bay windows with slanted sides and with sunburst brackets highlight the house’s Queen Anne style.
References
City of Santa Clara General Plan. 8.9. “Historic Preservation and Resource Inventory.” 1356 Main Street is listed as the Nathan H. Downing house, built ca. 1887. Recent research supports this construction date. (See Continuation Sheet, page 15.)
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 15 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update References (continued)
San Jose and Santa Clara city directories 1892-1965 for residents of this house.
United States Voter Registrations of 1932 for William and Melba Murray. From Ancestry.com.
U. S. censuses of 1880 to 1940 for residents of this house. “Bernice C. Downing.” Wikipedia website entry. Primary source research supports many of the points made in this profile.
Building permits at the City of Santa Clara. The earliest available permits, for foundation work and the rear addition, date to the 1990s.
Newspaper articles on the Downings (in chronological order):
“Oakland.” Alta California, April 6, 1886. N. H. Downing, a recent arrival from the East, has purchased the Livermore Valley Review.
“Santa Clara News.” San Jose Mercury News, January 16, 1887. N. H. Downing owns the Journal and lives in Santa Clara.
“Labor and Land Values.” San Jose Herald, July 5, 1887. N. H. Downing became proprietor of the Santa Clara Journal about one year ago. High praise for the paper.
“Santa Clara.” San Jose Mercury News, March 1, 1888. W. R. McQuoid of Kansas City, a close relation of N. H.
Downing, is in town.
“A Severe Fall.” San Jose Mercury News, April 25, 1888. The McQuoids to reside at the corner of Main and Lewis streets.
San Jose Herald, April 18, 1893. The Downings’ anniversary party at their Main Street residence. “The Santa Clara Journal.” San Jose Mercury News, April 1, 1894. Praise for N. H. Downing’s Journal. “Died.” San Jose Mercury News, December 15, 1905. Death of Nathan H. Downing. “Santa Clara Trustees….” San Jose Mercury News, September 9, 1914. Election of Bernice Downing to the Republican County Central Committee.
“California News Briefs.” Livermore Journal, June 20, 1925. Death of Miss Bertha Downing. “Newspaper Is Sold.” Humboldt Journal, September 9, 1925. Bernice Downing sells the Santa Clara Journal. “Pen Women’s League.” Press-Democrat, March 26, 1927. Bernice C. Downing is the state v-p of the League of American Pen Women.
“Bernice Downing in San Jose.” Santa Cruz Evening News, September 27, 1940.
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Page of 16 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Sanborn insurance maps
1891 Sanborn map, page 35L. Red arrow points to subject house.
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Page of 17 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1915 Sanborn map, page 214
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
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Page of 18 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1950 Sanborn map, page 214
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DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
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Page of 19 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1891 Sanborn map,
annotated by Rob Meyer.
The front part of the house
is outlined in red. It is two
stories in height (though
labeled as 1 1/2 stories on
the map).
The rear block of one story,
outlined here in blue and
green, was retained in the
1990s addition, but a
second story and a twostory balcony was added
here.
Page of 19 33 Resource
Identifier: 1356 Main Street
Recorded by William Kostura
*Date August 2021 "
Continuation ! Update
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t/
l
1 THIS POOTlON OF THE HOUSE WAS THE ONLY 2-STOAY PORTION . NOTE THAT THEY LABELLED AS "M/2 • BECAUSE IT HAS PARTIAL-HEIGHT WALLS THE "D • MEANS DWELLING.
THIS PORTION OF THE HOUSE IS NOTED AS I-STORY
BASED ON PHOTO, THIS AREA APPEARS TO BE THE ORIGINAL
~fS.Jfv~ t~H DASHED LINE (SEE FRONT POACH)
Page of 20 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update 1980s historic inventory sheet, with enlarged cropped image below DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary #
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, ..
,~_;...-:·~~ '
,._j : (;:.-:.a
2 . 1356 Main 1887 (Est.)
2 Story Queen Anne c-ottage. The most impressive Vi ctorian a nd the largest of the cluster, t he st ruc ture shows an unusua l amount of wooden ornament o n the front porch and under the cut-ou t corners of the 2 ang led bay wi ndows. The lot size is also larger with a mature Was h i ng ton pal m which suggests that the house was one of t he fi rs t in the neighborhood . 1356 Main is first listed in t he 1889 City Di rectory a nd the 1891 Sanborn map.
Page of 21 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Photographs of the subject house
Front showing some of the yard with recent landscaping
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Page of 22 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Front of house
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Page of 23 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update At left and above: Front gable with detail
At right and below: Fixed window with transom and panel in the first story bay window.
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""!
]
Page of 24 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Above: Front porch
At right: Sunburst brackets with knob pendant
in the corner of the bay window.
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Page of 25 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Front door with detail of
hardware.
Bottom row: Porch balusters
and sunburst brackets.
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Page of 26 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Front porch: Newel posts, balusters, railings, deck,
and steps.
Below: The north side of the house.
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 27 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update The gabled south side of the front block of
the house, with detail.
At left: Paired double-hung windows on the south side of the original first story of the rear block of the house.
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 28 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Four photos of the rear addition, including a detail of the railing. All of this fabric dates to 1995 or 1999.
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 29 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Shed with Victorian style posts
Car port of 1995 (or 1999)
Back yard landscaping
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CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 30 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Other Queen Anne houses in Santa Clara
This page shows a range of other houses in this style. The subject house is oldest of these. Dates are from the preservation chapter of city’s Master Plan or from plaques on the houses. 981 Fremont Street (1892) 1309 Alviso Street (1890) 1009 Harrison (1895) 1494 Homestead (post-1890) 1065 Harrison Street (ca. 1891) 1051 Harrison (1891). 1474 Homestead Road (n.d.) 1380 Lincoln (1895) 1567 Lexington St. (1890) 1059 Madison Street (1890) 1695 Market Street (1895) 1116 Washington (1892) At right:
1460 Main Street (ca. 1890)
784 Monroe Street (1895)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page of 31 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update Plans for the rear addition of 1995
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information ..........., .. _... ..... --
Addition to the
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Nathan H. Downing House
Queen Anne Cottae,e
Built in 1887 ;,
Re5tored 1982
Existing
Addition
South Elevation The Reeveis Family
1356 Main Street
Santa Clara, CA 95050
(408) 249-0386
Page of 32 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information AddH;ion to the
Nathan H. Downing Hou6tl
Queen Anne Cottage
6ui/tin1887
Restored 1382
Existing
Addition
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-.................. --
The Reevms Family
1356Main5treet
Santa Clara, CA 95050
(408) 249-0386
Page of 33 33 Resource Identifier: 1356 Main Street
Recorded by William Kostura *Date August 2021 " Continuation ! Update State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Exie;ting
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Addition
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Nathan H. Downing Hou6e
Queen Anne Cottage
The Reeves Family
13.9P 1rfaln Street
-~ 5~/ara,-CA 95050
Bu :-<-~~) 249-0:386 ilt in 1887 . ,. ·.,.
Re6tored 1982
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Secretary of Interior's Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materia Is or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
Nathan H. Downing House
1356 Main Street
Santa Clara CA
Greetings,
My wife Mary Ann and I moved to California many years ago and bought our first single family home in Santa Clara in 2011. We love this town with its history - the Mission, the classic homes in the Old Quad, the bells of the Monastery, the many family-owned businesses and restaurants. When we saw the listing for the Nathan H. Downing House in January 2021, we were immediately struck by its charm, its traditional look and character, and the location. I have lived in historic homes in New England and the idea of raising our children in one is a dream for both my wife and me. The previous owners clearly loved this home, and we were lucky enough to be able to purchase it and dedicate ourselves to caring for it. The story behind the home of Nathan Downing and his family are a part of what makes this house special - Nathan founding the Santa Clara Journal, and his daughters Bertha and Bernice Downing carrying it forward, and of course the renown that Bertha in particular holds in Santa Clara’s history (wikipedia).
There are too many treasures found in and around this home to list them all. The interior captivates with its high ceilings, the antique doors and moldings, the oversized pocket door that sets off the front living room with original windows that gather all the morning sun. The expansive lot keeps us in fruit nearly year round - persimmons in the front (which we love to share with the neighbors!), apple on the side by the towering palm, and nectarines, lemons and two varieties of cherries out back. Waking up to the bells of the monastery, the birdsong, the sunrise lighting the trees that surround the house - it’s magical.
We are now walking distance from our favorite places - the Farmer’s Market, Mio Vicino and Fiorillo’s, and the roses of the university for weekend walks. The kids kept their same schools and friends when we moved, and our generouslysized outdoor spaces have become a gathering spot for friends and fun. I continue to run over to San Tomas trail and even sometimes up to the stadium.
We will preserve the house, and are committed to investing to safeguard it. The plan we have put forward provides this house with the care it needs to continue its history in Santa Clara while we continue the traditions of home, holiday and neighborhood.
Sincerely,
Brian Dawbin and Mary Ann Salyards
October 13, 2021
Brian Dawbin & Mary Ann Salyards
1356 Main Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Nathan H Downing House, c. 1887
Dear Planning Staff and Historic & Landmark Commissioners, The following is our proposed 10-year plan for the restorations and maintenance of our historic home at 1356 Main Street. All items to meet the Secretary of Interiors standards for Treatment of Historic Properties:
Years 1-2 (2022-2023)
Foundation/Grading/Drainage: Improve rainwater management around the perimeter of the house: The existing grade (soil) around the house is inadequately sloped (towards the house) which can lead to foundation settlement and compromise the structural integrity of the historic residence. The grade also contacts the historic wood siding / framing which can lead to rot and termite damage. Therefore, we propose to regrade around the perimeter of the residence as required by the building code, correct improperly sloped roof gutters, and connect the rain water leader downspouts to concrete splash blocks or subsurface drain lines to outlet downhill and away from the residence.
Years 3-5 (2024-2026)
Roofing: Replace failing asphalt composition shingle roofing (improperly flashed resulting in leaks with water damage): Install new triple layer (tri-lam) asphalt composition shingle roofing (example: Certainteed Landmark TL) with a more similar profile and shadow line of wood shingles (what was originally on the home).
Years 6-7 (2027-2028)
Window Restoration: Restore / Repair existing historic wood window sashes. Where windows sashes are inoperable from being painted shut or where pulley ropes have been they will be restored to working order by cutting the paint and installing new pulley ropes where required. Any minor dry rot areas on the window sashes shall be repaired with epoxy filler and repainted to match. Where elements of the existing window sashes have excessive rot (stiles or rails) they shall be replaced with salvaged or custom milled wood to match. Glazing putty, where cracked, shall be replaced and the window sash shall be painted to match existing. needed.
Years 8-9 (2029-2030)
Exterior Painting: Repaint entire exterior of residence including all exterior wood siding, eaves, gutters / downspouts, windows and doors and their associated trim, all porches and railings. Any minor dry rot or pest damage at all wood material shall be repaired with epoxy filler. Where wood elements have excessive damage, they shall be replaced with salvaged or custom milled wood to match existing.
Year 10 (2031)
Kitchen Renovation: Replace existing oak cabinets and/or cabinet doors to achieve a style that more closely matches the style of the historic residence (example: white shaker style doors). Replace vinyl faux tin ceiling with either wood beadboard or a tin ceiling material. Replace vinyl kitchen floor with wood flooring or marmoleum flooring that is more compatible with the historic home.
We absolutely love this historic home and the Old Quad neighborhood and will cherish the memories we will make here with our family. We are proud to be a part of the next chapter for this delightful treasure of Santa Clara’s history.
Brian & Mary Ann
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this ___ day of ___________, 2022, ("Effective Date"), by and between Brian Dawbin and Mary Ann Salyards, owners of certain real property located at 1356 Main Street, Santa Clara, CA 95050 (“OWNERS”) and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real property, together with associated structures and improvements thereon, shown on the 2021 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-05-029, and generally located at the street address 904 Madison Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property is attached hereto as "Legal Description," marked as "Exhibit "A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Properties list. OWNERS submitted a Mills Act Proposal to City on October 18, 2021.
The Proposal included a Primary Record from the State of California’s Department of Parks and Recreation. A true and correct copy of the Proposal is attached to this Agreement as “Exhibit B”. (4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
1111 •
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such term will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one (1) year shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
(c) OWNERS may make a written protest of a nonrenewal notice issued by CITY. CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property. "The Secretary of the Interior's Standardsfor Rehabilitation," marked as “Exhibit C” to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. (b) OWNERS shall, when necessary or as determined by the Director of Planning and Inspection, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Efforts," marked as “Exhibit D” to this agreement, and incorporated herein by this reference.
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and every five (5) years thereafter, an inspection of the property’s interior and exteriorshall be conducted by a Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
party appointed by CITY, to determine OWNERS’ continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. (4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it determines any one of the following:
(i) the OWNERS breached any of the terms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property. (b) CITY may also cancel this Agreement if it determines that:
(i) the OWNERS have allowed the property to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. (c) In the event of cancellation, OWNERS shall pay those cancellation fees set forth in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. (6) No Waiver of Breach.
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other party.
(c) The parties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or information demanded, the mediator(s) may proceed ex parte. (d) A hearing on the matter to be arbitrated shall take place before the mediator(s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen (15) days before the date selected. At the hearing, any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
(e) The submission of a dispute to the mediator(s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
(a) The OWNERS hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS’ legal interest in the Historic Property.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 1356 Market Street), and OWNERS.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Brian Dawbin and Mary Ann Salyards
1356 Main Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS’ acts, errors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Inventory form;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Property designation and reassessment; and,
d. the Mills Act Historic Property Contract filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Department may collect such Mills Act Historic Property Contract application fee of $7,564.00 (seven thousand, five hundred, and sixty-four dollars), or other fees for the administration of this contract as are authorized from time to time by the City Council.
Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Contract and the recordation of the OWNERS updated Historic Resources Inventory form.
(18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary of Interior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
(c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
Historic Property Preservation Agreement/1356 Main Street Typed: 04/14/2022
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
___________________________ ______________________________ Office of the City Attorney Rajeev Batra
City of Santa Clara Interim City Manager
ATTEST: 1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
“CITY”
Brian Dawbin and Mary Ann Salyards,
Owners of 1356 Main Street
By: _____________________________ By: _____________________________ Brian Dawbin Mary Ann Salyards
1356 Main Street 1356 Main Street
Santa Clara, CA 95050 Santa Clara, CA 95050
“OWNERS”
Exhibits:
A – Property Description
B – Primary Record
C – Standards for Rehabilitation
D – Restoration Schedule
I:\PLANNING\2021\Project Files Active\PLN21-15291 1356 Main Street (Mills Act)\Mills Act Contract.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-889 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action on an Agreement with Kyle Groundwater, Inc. for Well Condition Assessment and Engineering Services During Rehabilitation
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The Water and Sewer Utilities Department (Department) is responsible for providing dependable supply of safe, potable water for the residents and businesses in Santa Clara. Today, the City’s water supply comes from 20 active groundwater wells and water purchased from the Santa Clara Valley Water District (Valley Water) and the San Francisco Public Utilities Commission (SFPUC).
Due to the current drought, wholesale water supplies from the Valley Water and SFPUC have been significantly reduced as water has become scarce throughout the region. In addition, the City has lost a number of wells from decommissioning of aging wells. To offset the shortfall, the Department is considering rehabilitating six of the 10 inactive wells.
The six inactive wells identified for potential reactivation are Well 5-02, 16-02, 21, 26, 32, and 34. To reactivate these wells, the Department requires the services of a consultant to perform well assessments, provide technical recommendations, develop technical specifications for rehabilitation, assist staff with bid advertisement, contractor selection, and provide engineering support services during rehabilitation.
DISCUSSION
Pursuant to City Code Section 2.105.330 and State laws governing procurement of architectural and engineering services, the City followed a qualifications-based selection process whereby proposers are evaluated and the most qualified is selected, subject to negotiation of fair and reasonable compensation.
On March 3, 2022, the City published a Request for Proposal (RFP) for well condition assessment and engineering services during rehabilitation. Three proposals were received from the following firms:
· Bonkowski & Associates
· KYLE Groundwater, Inc. (KYLE)
· Luhdorff & Scalmanini Consulting Engineers (LSCE)
The proposals were independently evaluated by a three-member evaluation team. KYLE and LSCE City of Santa Clara Page 1 of 3 Printed on 8/9/2022
powered by Legistar™
22-889 Agenda Date: 8/16/2022
were invited to participate in oral interviews to introduce their proposed project team members and demonstrate their experience and capacity to meet the City’s requirements. After concluding the evaluation process, the evaluation team ranked KYLE as the most qualified consultant.
The term of the proposed agreement with KYLE is three years, effective from September 1, 2022 to August 31, 2025. The maximum compensation under the proposed agreement is $1,007,880 as summarized below.
Description Amount
Well 5-02 $148,845
Well 16-02 $148,845
Well 21 $175,069
Well 26 $148,845
Well 34 $175,070
Well 32 $211,206
Maximum Compensation $1,007,880
Due to the age and type of construction, the wells have historically exhibited water quality, production and sanding issues. Under the proposed agreement, KYLE will perform an initial condition assessment and provide recommendations on whether the wells can be successfully rehabilitated to mitigate the primary issues of concern. If the City proceeds with rehabilitating the wells, KYLE will also assist staff with preparing technical specifications and provide engineering support services during construction.
Rehabilitation of these wells will provide the critical redundancy to the City’s water supply, thereby reducing the City’s dependence on purchased treated water supply and ensuring the residents and businesses in Santa Clara continue to have a reliable supply of water.
ENVIRONMENTAL REVIEW
The action being considered is exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(b) (Class 1 - “Existing Facilities”) as the activity consists of the operation, repair, and maintenance of existing public structures, facilities, and mechanical equipment, including publicly owned utilities, involving negligible or no expansion of the existing use.
FISCAL IMPACT
The Department’s capital improvement program includes funding in the New and Replacement Wells project, which would be used for this agreement.
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 City of Santa Clara Page 2 of 3 Printed on 8/9/2022
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22-889 Agenda Date: 8/16/2022
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220 or via email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute an agreement with KYLE Groundwater, Inc. for well condition assessment and engineering services during rehabilitation starting on or around September 1, 2022 and ending on or around August 31, 2025, with maximum compensation not-to-exceed $1,007,880, subject to the appropriation of funds.
Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Agreement for Design Professional Services with KYLE Groundwater, Inc.
City of Santa Clara Page 3 of 3 Printed on 8/9/2022
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Design Professional Agreement with KYLE Groundwater Page 1 of 23 Rev. 09-28-18
EBIX Insurance No. S200004962
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
KYLE GROUNDWATER, INC.
PREAMBLE
This Agreement is entered into as of the City’s execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and KYLE Groundwater, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Design Professional Agreement with KYLE Groundwater Page 2 of 23 Rev. 09-28-18
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 the Effective Date and terminate on August 31, 2025.
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. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the Design Professional Agreement with KYLE Groundwater Page 3 of 23 Rev. 09-28-18
professional standards of a specialist in the same discipline in the State of California.
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 set forth in Section 1 of Exhibit B, 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.
Design Professional Agreement with KYLE Groundwater Page 4 of 23 Rev. 09-28-18
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, 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 Design Professional Agreement with KYLE Groundwater Page 5 of 23 Rev. 09-28-18
cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
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: Water & Sewer Utilities Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
Design Professional Agreement with KYLE Groundwater Page 6 of 23 Rev. 09-28-18
And to Contractor addressed as follows:
KYLE Groundwater, Inc.
309 E. Jefferson Avenue
Pomona, CA 91767
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://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
Design Professional Agreement with KYLE Groundwater Page 7 of 23 Rev. 09-28-18
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
CONTINUED ON PAGE 8
Design Professional Agreement with KYLE Groundwater Page 8 of 23 Rev. 09-28-18
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:
Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
KYLE GROUNDWATER, INC.
a California corporation
Dated:
By (Signature):
Name: Russell Kyle
Title: President
Principal Place of
Business Address:
309 E. Jefferson Avenue
Pomona, CA 91767
Email Address: [email protected]
Telephone: (626) 379-7569
Fax: ( )
“CONTRACTOR”
29-Jul-22
Design Professional Agreement with KYLE Groundwater/Exhibit A-Scope of Services Page 9 of 23 Rev. 09-28-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. INTRODUCTION
1.1. Contractor shall provide hydrogeological and engineering services in support of rehabilitation of six (6) well stations: Well 5-02, Well 16-02, Well 21, Well 26, Well 32, and Well 34, as set forth herein.
1.2. To the extent not inconsistent with this Agreement, the City’s RFP 21-22-07B (including subsequent updates), Contractor’s proposal response dated March 7, 2022., are incorporated herein by this reference, subject to the terms and conditions of the Agreement.
2. PHASE 1 - SCOPE OF SERVICES
2.1. Task 1 – General Project Management Services and Coordination
2.1.1. Contractor shall provide project management services up to the production of the Well Rehabilitation Technical Recommendation. This includes the management of any subconsultants, if any, to gather any further information required to produce the Well Rehabilitation Technical Recommendation. Contractor shall:
2.1.1.1. Prepare for and attend kick off meeting
2.1.1.2. Manage subconsultants, if required, for the following subtasks:
Well Video
Sanding
Capacity Test
2.1.1.3. Provide general administration
2.1.1.4. Provide up to two (2) progress update meetings per well site.
Meetings can be combined as necessary.
One (1) meeting shall occur at the conclusion of
data analytics and prior to the recommendation
for Focused Intake Pumping.
One (1) meeting shall occur at the conclusion of
Task 2, prior to making a final recommendation
for Task 3.
The meetings shall be accompanied by a
presentation and brief technical memo.
2.1.1.2.1. 2.1.1.2.2.
2.1.1.2.3. 2.1.1.4.1.
2.1.1.4.2. 2.1.1.4.3.
2.1.1.4.4. Design Professional Agreement with KYLE Groundwater/Exhibit A-Scope of Services Page 10 of 23 Rev. 09-28-18
2.2. Task 2 – Data Analytics and Acquisition
2.2.1. Contractor shall analyze the following well data provided by the City:
2.2.1.1. Schaff and Wheeler 2014 Well Assessment Report
2.2.1.2. Pump Testing Data (YR)
2.2.1.3. Pump Curves
2.2.1.4. Driller’s Log
2.2.1.5. Most Recent Well Videos
2.2.1.6. Well Completion Reports (YR)
2.2.1.7. Well Design Drawing and Specs
2.2.1.8. DDW Well Data Sheet
2.2.1.9. Efficiency Test
2.2.1.10. Water Quality Data
2.2.1.11. Rossum sand tests – Contractor may consider rerunning this test during the investigation of the data
2.2.1.12. Rehabilitation Records
2.2.2. The City provided to Contractor a summary of available data for each well.
Contractor shall be responsible for the acquisition of any missing critical well data that is not currently available, including administering all on site testing. If on site testing is required, then Contractor shall provide all tools, equipment, and materials to complete the work.
2.2.3. If additional testing and data acquisition is required before the Contractor can reach a conclusion on candidates and process for reactivation, and the proposed work requires a third party, then Contractor shall obtain quotes for the proposed work, make recommendations to the City on the selection of additional subconsultants, and act as the City’s representative during the work.
2.2.4. Contractor shall provide services to manage EMT-24 Survey, Well Video Survey, Title 22 Water Quality Analysis, and any other testing required as a result of ongoing research.
2.2.5. The preliminary data presented by Contractor will determine if Focused Intake Pumping is a beneficial step to remediate the issues at each well.
Contractor shall not proceed with Focused Intake Pumping unless the City has provided prior approval.
2.2.6. Contractor shall provide services to conduct zone specific water quality sampling and flow profiling for well 32 only. This task shall include well redevelopment, time series sampling, flowmeter survey, depth specific sampling, water quality analysis and reporting.
Design Professional Agreement with KYLE Groundwater/Exhibit A-Scope of Services Page 11 of 23 Rev. 09-28-18
2.3. Task 3 - Well Rehabilitation Technical Recommendation
2.3.1. At the conclusion of the Data Analysis and Acquisition phase, Contractor shall prepare a Well Rehabilitation Technical Recommendation for the group of wells. The recommendation shall include:
2.3.1.1. the steps to remediate the sanding while maximizing the capacity of the selected wells;
2.3.1.2. an estimate of the proposed work;
2.3.1.3. a schedule of the proposed work;
2.3.1.4. the details of what is outsourced; and
2.3.1.5. an engineer’s estimate for the rehabilitation efforts.
2.3.2. For wells that are not considered candidate for rehabilitation, Contractor shall provide a justification for the recommendation.
2.3.3. The deliverable shall be provided in a technical memo or report in a PDF format.
2.3.4. Upon the review of Task 3, the City may elect to move forward to Phase 2 for one or all the identified candidates.
2.4. Task 4 – Development Plan for Reactivation of Granular Activated Carbon Treatment System for Iron and Manganese Removal at Well Station 32
2.4.1. 2.4.2. Contractor shall conduct a minimum of two site visits to investigate the available data and determine the steps to reactivate the treatment facility.
Contractor shall prepare a basis of reactivation memo highlighting the identified steps to remediate any operational issues that include but not limited to media exchange, instrumentation set point reconfigurations, chemical treatment, run to waste cycles, and instrumentation upgrades to restore the treatment unit to operation.
2.4.3. Contractor shall also provide an estimate of the proposed work, a schedule of the proposed work, and the details of what is outsourced.
2.5. Task 5 – Develop Rehabilitation Technical Specifications
2.5.1. Contractor shall prepare a set of technical specifications and associated construction details for each proposed well rehabilitation identified in Task
3. These methods may include:
2.5.1.1. mechanical rehabilitation such as airlifting, swabbing, jetting, or brushing via mechanical means with the aided use of NSF 61 approved well cleaning additives;
2.5.1.2. physical permanent modification to the well casing such as swedging or lining the well;
2.5.1.3. temporary modification to the well casing such as installing a packer system; and
2.5.1.4. other modification measures not mentioned here.
Design Professional Agreement with KYLE Groundwater/Exhibit A-Scope of Services Page 12 of 23 Rev. 09-28-18
2.5.2. The specifications shall also include cleaning, test pumping, pre and post well video inspections, pre and post sand testing, and other recommendations to validate the effectiveness of the rehabilitation improvements.
2.5.3. Contractor shall provide digital copies of the Draft Specifications at the 70% and 90% completion phases for City's review and comment.
2.5.4. Contractor shall conduct two virtual workshop meetings at the 70% and 90% submittal phase to review the Draft Specifications and obtain City's comments.
2.5.5. Contractor shall submit three (3) hard copies of the Final Specifications along with the electronic files (both Microsoft Word and PDF format).
2.6. Task 6 – Bid Advertisement and Contractor Selection Services
2.6.1. Contractor shall assist the City in producing a scope of work and bid package for advertisement of the Well Rehabilitation to include:
2.6.1.1. prepare technical specifications package;
2.6.1.2. prepare the project drawings and construction details;
2.6.1.3. prepare itemized bid;
2.6.1.4. assemble the bid package;
2.6.1.5. if necessary, respond to request for clarifications during the bid process;
2.6.1.6. provide guidance on contractor selection and provide a bid summary;
2.6.2. The City will advertise the bid package through the City’s e-procurement system and will review and tabulate all bids for the project team to review.
2.7. Task 7 – Engineering Services During Rehabilitation
2.7.1. Contractor shall assist the City during the rehabilitation process and act as the owner’s representative during this phase of the work. Contractor shall provide technical support and engineering services throughout the duration of the well rehabilitation project on a time and materials basis with a not-toexceed amount established prior to commencement of work.
2.7.2. The scope of services for this task shall include the following:
2.7.2.1. attend preconstruction meetings;
2.7.2.2. review contractor submittals, work plans, and schedules;
2.7.2.3. respond to contractor generated RFIs and RFQs;
2.7.2.4. assist with invoice review and change orders;
2.7.2.5. provide on-site inspection services; and
2.7.2.6. document all rehabilitation activities and provide as-builts and records drawings for the City.
Design Professional Agreement with KYLE Groundwater/Exhibit A-Scope of Services Page 13 of 23 Rev. 09-28-18
2.7.3. It is anticipated the during the actual rehabilitation work, Contractor will be present as needed to enforce the specification and provide routine updates to the City’s Project Manager.
Design Professional Agreement with KYLE Groundwater/Exhibit B-Schedule of Fees