Agenda packet — City Council and Authorities Concurrent, September 13, 2022 (part 4 of 4)

FINISH
BRP Bronz.o F
BLP Blxk P>lnt LF
WP WhlmP:aht PC'
NP PCR
HS
oc Q
Q
SC Q9'2
QT92A'
SPA"
TRl 1
TR21
PTFl
PTFJ
p~
HF
u o
u o
LIO"

DIMENSI O NS AN D EPA
22 1n·
S7.2S an
Mci>d
fus~
Phococontrol ,nd R,,ccp
Phca,conud Roccptad only
urn:,J Sl,lold
QwuSandby
Qwu Sandby . Tlmcd Doby
Qwu Emctzancy
Qwu Emcriancr • Odir
s._,..,,,. Po Ad>f,<.or
Sl ~-Twtn Tru>:!tlon
Polo Top F11tor • 2 )/fr • 3• OIL Tenon
Polo Top Flttor • T • 1 112" OIL li
Polo Top Fltw-. l 112" . 4• 0 Tenon
MutArnRtt<r
8> 'hour
8> 8hcur
8> 10
l
~ 8 in·

21.54 an
~
~
1611 oa.11..,,,.rllo.lll. SanHa,wc.TX7UU
(I U-7US dtl>I com
e "--
or
~ """'...,,,...,.;...,,am.
7'1 l> l l004 1l
.. ,.

Gullwing
G 13 Area Luminaires
EMC,,OWHE. CIC.WC'"'"" ,a. .... .,.,,.,...,,_
"·

12. t
4 314•
l
.8
.07 rd
EPA
l )-4

1.6 Fe> 2.2
.ISm' .20m'

PHILIPS
(), GARDCO

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-102- TECHNICAL SPECIFICATIONS

Featuring the CosmoPolis Electronic HID System Gullwing

Page 3 of 3 ends

SPECIFICATIONS
GENERAL DESC,RIPTION : The Phlllps Gardco Gui g IS an
uea lumlBalre defined by tts s profile and ff constn1ason.

The ouslng IS one-piece. die a.st alllllll m and moonts dlrecdy to a pole or WJII wtdx>11: !he need of a sepira.te Sl4)POA vm. The rotatable. m ce<ed art:•~ dupllc;liq .opck:31 systems pl'O'ltde IES Types Ill. Ill. and IV dtttnbut>ons. The door frame IS le-pleee dlecan alunmtm and retains an optleally clear tempered Rat glass lent. The ml re IS completely sealed and gisketed preven g lntNflOn from moisture. dust and Insects.. Gu hnlnalres ue with .1 de and abras10n reslSWlt TGIC powdercoiL
HOUSING : A one-piece die ast ah.rnrltm ~ lll(Qlts
to il pole or WJII UI die need for .1 suppon . The profile roooded fonn re(lices die etfectNe profeCted area •Of the lumlmlre co only .8 ft,/.07m, .

LENS ASSEMBLY : A slngle-pleCe die a.st .1lumrium lens fl'illne tnges down from dte housing and searred by a scmless i.teel bnyilrd and h 6 e pin. All opUCally clear. heat and fn1)ac:t reststant ~ fut tfas's lens ts median seclftd with stx l"l!llllEf'S. The electncal and opoal chambers are dlorouzNt sealed Uh a ooo-pieoe memory re<ent.lYe h -core !EPOH to pre"o'ellt lntJUSIOO ·1rt mo1m1re. oost.and 1ooecis.

OPTICAL SYSTEMS : The segmented opuca l systems are
manufactured f,rom homogenous sheet aluminum which s
been electrochemtcaUy br htened . anodized and sea led. The mulufaceted uc age dupl1eaung systems are designed to
produce IES Ty,pes Ill {2XL). Ill {3XL). and IV { ◄ XL) . The reflector facets form a co teal fan arouAd the arc tube with each facet pos toned to ,be precise tangeflt to the top of the arc tube. The lampholder IS glazed porcela th a nickel plated screw shell.

HID lum aires feature !porcehln medllm e bmpholdert.
" - nc 1'"' (Sil) 7SJ. 1000 FAX:(511) 7SJ.78 SS
G 13 Area Luminaires
FluorescEnt h•nrialn$ 1Ee a Med11111
tbss lens (MTS).
reflector with a Sol
EMC Lumloalces: In the event or er lntemJPUOn. tegral
battery pack wlU power ( I) 32W compact uorescent lamp at red ced I t leYels for a ml mum of 90 m ootes. tenance
ree ttery Is rated for ambient temperatures down ..c•fi. ere.

Adleator IS vlstlle lhrou the lens. A test Mitch IS accesstble ,lhrough !he door iiSsembly. EMC oolts do not bear CUL label ELECTR ,ICAL: Al electrtcal components .;are UL recogn11.ed. factory tested . a d mounted on a unitized plate with qu1c electr1al disconnects. ,For lum tres 1provtded with Cosmopolis. uch high power factor .aU.ast Is efectronrc . des igned specifically for the CosmoPo lls high performance ceram ic mea l halide electronic s-ytem. Each HID high power factor ballut Is capa le of providing reliable bmp scartlng down to -20'F/-29°C. Scanchrd lu>res-cen balbsts are solid state.

FINISH: 8idl standard color lumlnalre recel't'es a fade and ~braslon resistant . electrostaucally applied. thermally cured. trlglycld;al l$O me (TGIC) temired po est« powdercoat flnlS:h. Scandard colors dude bronze (BRP). (BLP). rte • and tural
alum! m P). Coos t faaory for specs on optional or wsmm colors.

LABELS : lumlmlres bear UL or CUL ( re apphc:able) t
locauon bels.

WARRANTY : Ph11'>s Gardco lumlnalres feawre a S ymr lml ted warranty. See Warranty formaoon ,on www.slte ung,com for COf1lllete and exolusJons.

CIIC011Cld 2S (2.S pu'tQl X

PHILIPS
0, GARDCO

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-103- TECHNICAL SPECIFICATIONS

job: LEVI'S STADI UM
Type: FE8A
otes:

Featuring the CosmoPolis ffectr ,onic HID System Gullwing Page I of 3 G 13 Area Luminaires
The f'tllllps Girdco Gu lf4! IS an ilrel lumllUlre de&ed by kS sleEic proftle and rugged CORS!rUCUOO. The OOUSll!i IS one-~e. die ast ak.imnim and lllOl.l1ts directly to a pole or Without ,the need of a separate ropport 1nn.The rotatable. multlfa(:e(ed a.rc-~ •cllpllcaung optJcal syswns pra.tde IESTypes U.1111.and rl dlsa1>uuons.

The door frame IS ml!le-pleee die cast ll11'1um and retaJns an opUcaly dear tempered flat gbss lefls. The lwnlRilre IS completely sealed and ~ keted prevet1tmg lntrustoo from momure. dust and Jnsects. G g lt.mmlre$ are flnts:hed W1th a fade and abruton resistan t TGIC powdercoat. :fin gbss lens ltsnrialre$ pl'OY1de fu cutoff perfomunce. Sag lens lumtnar-es provide cutoff perfomunce.

PREFIX HOUNT1NG DISTRIBUTION WATTAG.E ·FIN ISH OPTIONS
l~G_13_~H ws H 4XL H 140CMP
~ d>e Cfdet code bl rl>c ~~ bes abowl,. ~&.dz,...,..,. die ,tbl bl r,fJM O < ,ur,,lbo, OI di~ o:,d c~-,, ,on, ...itl. 11,{ct bl n<rlO bd:w fr;,~ o:,d ~for qc,c,::IOnS OI ~ mndt d>e foar»y.

PREFIX
I Gil ff Gui
GllEMC ' ff Gu lumlrul re
EmefiE!lCY ColdTen-.,erawre
l.halob,,'e •1eh (1J JlTJlf mp MTS~~
(l}JlrYopt,a:ts ~mode

WATTAGE ANDVOLTAGE

MOUNTING
I
2 2@90
3 3@120
4 w
! WS
Single Pole Mount
'Ji Pole Moult at I ao•
TWII Pole Moult at 90"
3-wq Pole Mount at 90°
3-wq Pole Moult at 120"
◄-wq Pole Moult
Wal Mount. Recessed J-Box
Wal Mount. Sumce Cond I

DISTRIBUTION

2. Not a,abt,lc "111, m: -,,«fM.
l.A""1l:fllc /l-..:c sac:n,cs ~<+-
LAMP / VOLTAGE CHART• G i l MIO LAMP I VOLTAGE CHART• Gil Fluore scH>t ~ n. Volc>JIQ
tl!Q
ill .w. fil 277 ill ~ illl.w.lfillm. ill
CosmoPofls
60CHPE . 200 •l77V
90CHPE . 200 • 277V EJectrDn c HID l ~OIPE . 200 -l77V I System CcnmoPIDl.s ~ ""' ,..ppliod with 'lamp indudad. ) )llTRF" U NIV' .
3)-ClTR F" UNIV' .

S0HH . . LAMP i YQLJACE CHARI - Cl 3EHC"
AA'JcSt.on 70HH . . . . .

Mc.,:al.1-l<Mk
Mc,p,tt&ra.t IOO HH . . . . . .

IS0 HH . . . . . .

Sta>dotd 17SHH• . . . . . .

Mc.<:al Halid~· • ,,~nota,ola!,lel:,mlei,tbcU:acdSti:o:s. a: c.mp..a fl>cn:=,c m T~ Tube lbin:sca,c AAs<:St.on 70C HH£' UNJV'
G:nmcMdd~ 10001M£' UNJV'
~
EJcdJonic .l!ailast IS001HF ~ UNJV' 4.Ru«eS<lCt>I! and 0,11-lE balmu «.0CjlC 12C1Vdiroc,if, 117'(. sa., ro6tltz.. ,t,j>ut S0MJ>S . . Sped/ ~l~V~lTN.

Ktf, 1'1-essutt 70HPS . . . . . .

Sodun
Mc,p,tt &ra.t IOO MPS . . . . . .

IS0 HPS . . . . .

I.ow ~sun, Sodun IILPS . . . .

S. .l.omp -z ~ er Ir f.l -18' C.

6.N>t CfflCll<"CY mode • ou:jl<II = ,,,br,11:i.l ho moe1 791f S.155. "G«dm ~IJdtc ~ l:i-·

7. (I} '°"I> opct'C(CS r, cmetfC'XY mode.
®
WattOfcs ,norltJ,d,.\th Cltdc T mcec {',:dctdCllCJ?l tffeJcrq sza"'1o:vds ~!!! .ISO - ~ .soo w,m rrY:tt:I boDdc ...,,_ - -
~ mc,,t,,.d ,.111, a dot • r or ·100-21N" en .,.,,,u fr;, Oldrt!re- 1611 Ckms Bubr R~ d. San H-,TX 78666
(800) 127.0TSII (Si l ) 7Sl- l OOO FAX:(Sl2)7 Sl-78SS sit10r.ghcing,com PHILIPS 2012 ICcn IP' 80CD'0t'fa V. A.the Rct<INOd.

Phll:ps Gordco r......._. d1C rteht "' chu>e<> l'n>tAlt>ls ar modify ,h dootin ol 11s fC'OCl,a 'W!1hcxn ncc:tllcdon u p,n ol !ho c0n1p,n7's 00<1Cb.81z produtt Imp'<> P' 791 IS-IXl/0412 0, GARDCO

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-104- TECHNICAL SPECIFICATIONS

Featuring the CosmoPolis Electronic HID System

Page 2 of 3 ends

FINISH OPTION S
BRP
BLP
WP
NP
oc
SC
Bronze Paint
Bladt Paint
Whltef'alnt
~ wral AlumlnUm Paine
Opuonal Color Plllt
s,,.,:<,Of,dorulu»ot«
1W cr.OCJU « OC-IW.7014.

Special Pule 1
F
LF
PC'
PCR
HS
Q
I~~.

QT924 '
SPA'°
TR I"
TRl "
PTFl
PTFl
PTF-1
MF0
l6u
LS"
LIO"

DIMENS IONS AND EPA
22 In "

57.25 an
Fusi~ In Head
IA-lJnelln-l'ole F1Jslng
l'hotocontrol and Re«pQde
l'hooxontrol Receptacle orq
I temal Houseslde Shield
Q\W'tZSlandlYf
~ ~Trned Delay ~ Erne l I
Q\W'tZ EmeJil!fl(y • Timed Oehy
Square Pole Adap!EI"
SI. TranSIIIOn
T"111Tra1s1t10n
Pole Tep Ftaer • 2 3/lr - J" Ola.Tenon
~Tep Ftaer- 3' . 3 1n· Ola.Tenon
Pole Tep Ftaer • 3 112• - -4" Ola.Tenon
Mast Ann Aaer
l lPIStep Ba.last 6 hour
llnllStep Ballast 8 boor
llPIStep Balast 10 hoor
l a in·

21.54an
Gullwing
G 13 A rea Luminaires

8. ot<¥Cfab'c ~-lj>cqlct:p.t~

9. IOOwQuartt l>o1!' ,-. N«<itoldik wdi lbol=tn t
EMC. GW4E or GWC 'lfJCS.

10. ~nd for""""""! ro~ ,qu= p.;'cs.
1/. N,mc., 0 2-3/lr ·to/>-~ 0 pok wdi
J.ocr "1> OD.for o """°"' - -11. - ., 0 2-3/lr OD. mast 0

13.J.>atd:l• •d> G,o:moPot, ,rs,,n, .... s.,, 1"'mlr:d ,,, ...

GDOO.OOS (er c«nplcl.c ~ on~-
t
4 3/4"

12.14 an
_+_
13 In"

34.16 cm
! __
16 11 Clawi, B..-loor Road. San H>rc oi,TX 71666
(IOO) 'l27.07S8 (Sil ) 753- 1000 FAX: (Sll) 753-7855 si<olighcing.com C 2012 Ops IBc:aronlcs V. All Rlzl,a Rosor,ad.

Phllrp, G..-dcD ,..,,.,_tho"'"'"' dune•"""'"'''"'' modly lho ckzs!D' of II> pn,ct.,a W1!hout ,r-'la,son » port of tho a>111f"''1·• •-~ product ill:f<""""""' pn,£Rm 7911 5- IJQ/0412
l
.8 ft1
.07 m'
EPA
l 3-4

1.6 ft' 2.2 ft2
.1 5 m' .20m'

PHILIPS

G GARDCO

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-105- TECHNICAL SPECIFICATIONS

Featuring the CosmoPolis Electronic HID System Gullwing

Page 3 of 3 ends

SPECIFICAT IONS
GENERAL DESCRIPTION : The Philips Gardco Gullwing is an area kiminaire defined by ,ie:s sleek profile and ru22ed construction.

The ho using is one-p iece . die cast aluminum and mounts direc dy to a pole or wall without the need of a separate support ann. The =table . multifaceted arc-image duplicating op(ical s:ystemS provide IES Types II. Ill. and IV distrib ution s. The door frame is single-piece diecast aluminum and retains an opti cally dear tempered flat glass lens. The lluminaire is complete ly sealed and gasketed preve nting intrvsion from moisture . dust and insects. Gullwing lumiRaires are f11ished wilh a fade and abrasion resistant TGIC powdercoa t.

HOUSING : A one-piece die cast aluminum hous ing mo unts directly to a pole or wall without the need for a support ann. The low profile rounded form reduces the effective projected area of the luminaire to only .8 ft>/.07m"'.

LENS ASSEMBLY: A single-piece die cast aluminum lens frame hinges clown from the ho using and ,is secured by a stainless stee l lanyard and hinge pin. An optically clear. heat and impact resistant tempered flat glass lens is mechanically s,ecured with six retainers. The elearical and optical chambers are thoroughly sealed with a Ofle-1)iece memory retentive hollow<ore EPDM g;1$b!t to pre-.ent intru sion by mokture . ~ St. and insects.

OPTICAL SYSTEMS : The segmented optica l syste ms a re
manu factured fr om homogenous sheet alum in um which has bee n elect .roc hemically brightened . anod ized and sea led. The multif aceted arc image dup licatin g systems a re desig ned to produce IES Types II (2XL). Ill (lXL ). and IV (4Xl ). The reflector facets for m a conical fan arou nd the arc tube with each facet pos itio ned to be prec isely tange nt to th e top of the arc tube . The lampho lder is glazed porcel ain with a nickel plated screw shell.

HID :luminaires fearure porcelai n med ium base lampho lders .

G 13 Area Luminaires
Fluorescent luminaires use a Medium lnrow reAector with a Sol' glass lens (MTS).

EMC Lum inai re s: In the event of powe r interruptio n. integral batte ry pac k will powe r ( I) 32W compact fluoresce nt lamp at reduced light levels for a m inimum of 90 minutes . Maintena nce free batte ry ,is rated for ambient temperatures down --4"F/-20"C. lndkator lght is mible through the lens. A test switch is accessible throug h the door assembly. EMC units do not bear CUL label.

ELECTR ICAL: All electric al compo nen ts are UL re cognized. facto ry tested . and mounted o n a unitized plate with qu ick elect rical disconnects . For luminaires provided with Cosmopolis . eac h h ig h powe r facto r ballast is e lect r on ic . d es igned spe cifically for the CosmoPo lis high pe rform ance ce r amic metal halide electro nic sytem . Each HID high power facto r ballast is capable of prov ,iding reliable lamp start ing down co -20~F/-29°C. Standard ftuorescent balasts are solid State.

FINISH : Each standard color luminare receives a fade and abrasion resista nt, electrostatica lly applied. ther ma lly cured , triglyci dal isocyanurate (TGIC) textured polyester powdercoat finish Standard colors include bronze (BRP). bb.ck (BLP). white (WP). and narural aluminum (N P). Con sult factory for specs o n optio nal or custom colors .

LABELS: All luminaires bear UL or CUL (where applicable) Wet Location labels.

WARRANTY : Philips Gardco luminaires feature a 5 year timited warran ty. See Warranty Informa tio n o n www.sitelighting.com for comp lete details and exclusions.

F ULL C UTOFF PERFO RMAN CE : Ful a,u,ff porionna-,co ,,,._ • cmrlbudon """' "'""" """"'tr ocrurs >t :an ~ • •tor oho-,a 90' :,bo.,o nadir .

Adct11cn>ly. tho a,dcio por 1000 bmp mens docs no< """""1clly oxcood 100 (10 pcn,am) u • wnlcl :,ll£lo of 80° :abOYII n>dr. This W,os a, bun! >11&fos ~ tho lumlJU. .....

CUTOFF PE RFOR MAN CE: Cutoff~ mmnn tffl tulro cl"11budon whoro cho andol> por 1000 bmp lumoru do.. no< rwmo11ally oxa,od lS (2.5 port:""') 2t:an rclo u or :t,o,.. 90' ,bo,,, radlr, :uM! I 00 (IO pcrcont) >t • •CIMfal >lid• ol 90' >1-o n>dr. Wlos 10 • ·...-,J ~ ,round tho lumlNln>. 1611 Cloris Bvlo>r Ro.>.cl. San M,rcos, TX 78666
(800 ) l27.07S8 (SH) 751-1000 FAX: (Sll) 7S).78SS sitofighm>g.com C 20121(.on ps Boctronla V. All ~ha Roscnod.

Pl,ltps G:anloo ,....,... tho "£ht ID <Nn£0 m.:11r1'ls o, modfy ,ho clo,r2)'1 ol ,lls pr~ without l>l>!llla,ja, upon ol lho <0mp,:17's ~ p,ock,a ln:p'o"""°"' P'OE""'- 7'JI I 5,.1 lMHll

PHILIPS
°' GARDCO

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-106- TECHNICAL SPECIFICATIONS

ATTACHMENT A-3

PROPOSED FIXTURE SPECIFICATIONS

Dote :

Project
Type:

Customer :

Ritorno LED Retrofit Kit
Order Code: RLRK - RRA 2G105 30
RLRK Series
Mounting RRA RRS
Ritomo Round Rltomo Round
Asymmotrtc:ol S,mmotrtcal
Light Engine 2G350 2G500 2G700
Qty:

SV 277
RSA
R.ltcrno Squc ro
Asymmotrtcal
2G900 2G105
350m/V43.V SOOm/VS'IW 700roA/ 64W 9CX) mA/r::RtV 1050 roA/123\V CCT
~
40 4000K K
Finish WH BK BL BZ
~
SP
WhlW Slack Sgm~Matta Bronzo Spoc:tfy PrGmum Color ,...
61ock
Voltage UNV 120' 240' 347• 480'
l2W-'U7V 120\I 2AO,/ 3CV 4llOV
Opt ions 0M1 HL5Ql.•
Dimming HSl.o
[0-IOI) 5'NHl:hlng
io.,Output
s~
Product Mod ificat ions
S•lu,c Corporatio n O 202(L T 8,45... 834-WOO .. 800-73S.. &9'D .. F 44.S.. 834.140l www. M IUl(. U S Ina eomhulng ctl't)n ,:ooftGf' 'ltlo b os't produa ~lblQ.. wo ro:sGf'Vo lho r1gh T m chong, wh:ho1.n nottc, ~odncadons. or men.Mats lhar: In our opinion ""111 not otwr thO t\.nc'don 0( tho product. Spod fl c.adon st\OGU- fOU"ld Q't .... WW.S G(l.«..U.S cro 1"10 ~'t roc.ont VGNJcnS.Ond SUpGf'C.OdOOll oit\Cf prln t Od or 0 1ocuonk VOr:tlOfU . selux
I Spoctry for HL Of"d:.n.
• EqUFf)Q(!Wfth sup..o;,wn uon storm et
•a..or H..,Ocntf . CGrnot bo corrCN..
• 120rl,. ?MN' ona '1T7V Mt/.

Aoorovols
Dote :

Pago l d3
(Ro,,_ 0412022)
fll..RK_s.s_vl.1

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-107- TECHNICAL SPECIFICATIONS

Ritorno Round Asymme ricol LED
Specifications
7 11711mffll
Ritorno 1.£0 Retrofit Kit (RLRK) - Rrtorno
6 1/./'
(1:17mm)
LED Ret oflt IS o completely seoled (IP65)
LED cost hous g assembly. The RLR Is
designed to pdate existing pole ond v."'011
moumed Rnorno HID I m 0 Ires to LED. The
RLRK con be used to eos update existing R
RRS. and RSA I m 0 Ires Int e eld. Please refer
to 1nsiollot1orvupdote 1nstruct1ons prov1dedw1th
etrofn . Replocemem con match exm1ng
HID lumIno1 es one for one, up to 150W.

LED Light Engine - High efncocy LED light
engine with reported 60.000 hour+ II e unt il IJO.

Avadable with 3000 or 4000 CCT and o CRI
of 80.

LED Driver - High er facto. High e iency
constont cur em LED d e . 120-m V AC put.

Protection class IP67.

SOUICo<por
Surge Protect ion - 3-Pole Surge proteetlon
device sofeg ards eleetrlcal co ponents om
Ind eet Ilg ung sm es ond surges up to (10
and O V).

Exter ior Luminoire Finish - Sel u11hzes a
gh qualrty Polyeste der Coat ~ AU Selux
I m o Jres ond poles a e rus ed In oor Tiger
Dr oc cert( ed ocll 1y and ndergo o five stage
lntensrve pret eotment process whe e product
Is thoroughly deaned. phosphateo and sealed.

Sel p rder coated products provide excellent
solt ond humidity resistance os ·e os ltro o
let resistance or cola etentlon. All productS
ore tested In accordance Ith test specl otlons
or coatings om AS' end PCI.

Stondo d exte or cola sore e (WH).

Block (Bl(i Semi-Mone Bloc (BL). 8 onze (BZi
and S1 ver (SV). Selux premium colors (SP) a e
ovo1lo e. ease specify romyou Se! color
selectlon guide.
...
selux
5 Year Limited LED !Lumi noire Worronty
- Selux offers o 5 Year llmrted orromy to
the 0119 ol purchaser that the Rltomo LED
lum1no e shall be ree from de ects In mcnertol
and orkman p o p to e (5) yea s from
oote of shipment. This limited t0r amy covers
the LED d rver and LED a ray hen sto ed and
operated accord g to Selux Inst uct1ons. Far
aetolls. seeMSel TermsondCond 1ono Sole."
Listings and Ratings: Lu noire and LED tested
to IP65 and !ES A LM-79-08 standards. LED
tested to -ao standa ds. Lum, a e and LED
tesi:ed 01 25"C o em tempera re.

NRTL Listed (i.e. Ul CSA)
Visit selux.us for our LED End of Life
recycl ing policy.
lnoc;~"4-'"9.ttor1todt.. rtNI tp-odw ctpou. ..._ ,.,,,. ,~1acNl""9CwtNkrtnat~~hmtJon•at,.-oW that ntk.rapNOnwllnot a lt u .. k#,ctJOn of the p-oduct . Spac uein a,hHh ta..nclatwWN .•••""--.-. or. u,,. mciiatra:.•nt ._,.,Ual'U ond •wpw01da:0 U ot.M, ptl"'t.d a , eliaC'ttDNC.v•nCW"L

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-108- TECHNICAL SPECIFICATIONS

Ritorno Round Asymme rical LED
selux
Wiring Diagrams
Standard Wiring (120V-2nV) Standard Wiring (3-47/"80V with S11ep-down Transforme r) di Ing IS not reqL ed cop a ~ d ng IS not reqL ed cop d es.

E
CORO I -=-•-•---------....--~
Hi-Lo Switching Option (HL) Wiring HLSO Only
120V. 24'N. 271V. n b e IS ene glZed. hg t output wil be en '1.o" Specify -level by using the I el listed be . FOi ot comb atlOn!i. consult oetory.

HL50 = I output 5~
FROM =~----1-,+-----------1 UGH
~ D --•::~~-•---"1.... __ l-1--_ "_:-_-_-,;-I--r -_ -_ -_ ~-f £ GI nvning
Wir• Des,gnotion Table
Source Voltage (VAC) Wir. Color Wir• O.signation
u f10/0<UN
\Vhlte .'lanrol
Blocl u
20fNcr 24W
Rod l2
SOUIICcrpar 02020 , T&,U.u.&- 1'00, 800-7»-89Z1 , f l4 u.&- " oi www. us lnoc ..,.,""'9.tto tt tc1dtlltt.._baa.lp-od.,ct ....,,. rw ■ r~•cha~w ~not heauon , 0tr-obaf'.o• OWopNOn w , not aJt V•~not prodl.C't. Sp.c. UQf'IIIJ"lllr , tCLJ"datwW# t• 1. , a , .uw,....1,ec ■ m..,..,ao on,d,., m•oh otha t pf'-"'l.to t •'-ctroNCv•.ntc11N.

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-109- TECHNICAL SPECIFICATIONS

Phillps Gardco Gullwlng LED GL13 area lumlnalres combine LED performance excellence and advanced Gardco LED therma l management technology with the distinct Gullwfng styte to provide outdoor area lighting that Is both energy effic ient and aesthet ically pleasing.

Ordering guide
Opoo,1 ,.. Concrols Mowdnt s.r-· w ..... L(l)(Glo,
Pr~
Loc•tlon:

C•t No;
Type
u,.,,,.. Oty:
-.. ,
Example: Gl.13-AP0-1 -4 -JOLA-6 436- NW-120-0RP- ~
Volt .. Rehl, O,dou
I I Cl D D I 7 i=i Cl Cl I I
GlU -
U'Gut• LEO f(.uawlnaS&andmL"""""•
W1V\.IIIO iGUHIM Cons,.,.,.W•1t· O' GutoirCLfD 0-IOV
---" " ~
U'Gut . LEO Gll>-APO' Rtvollt Kit O' GutoirCLEO hlli~
PdloDrnlna
Gll► MRI "
O' Gut•lrclfDwchM06on
Rf'l)Cn14 15°'1.ow OlmNlft
-.. ,_, I Gll► APO-MRIU
0 ' GutoirC LfDRhAPO wtt,
Mollonllt,pcnstOYtrtdt
Oumlnnt _...d "'"' "')
Mtcwwt..,- (ShoWlw)
SW lnlfi<>I-"
SW-11111.urinalltmo.nodnlCllcrl
--
I o\Yoil>l:t•ll0-277V
2 Net iv,ibble,rit, - IC!ts (GU ► R
3 /uol._ 120 o, 277V only
I
Sq
2 2 ISO'
2 2 90'
3 3G90'
l4UO
)@20 '
•
~
w
Wl/AMolA
Ao<e<,.d
.1-e ..
ws
Wl/AMolA
Su f-
Ccncaa
4 L.-.i.t doo< hmundcp11c usentiy p,o,tcl<d- •lh
c:lt••~tdll>s,lfn,
S Vdtoc.o """' b9 spoat,od
2 701.A-WS 1W 120 ll9 p rwnc
lVPtl 6"1S>s,3~ Ntw.i Wli te 20I l!loctl»lnt Lf' 1r>-LJne11r>--Fu!llla ) ISlA-I 0lS <IOOO WP
1VPt3 &0Lffl<3.SQnA 70 IH\CRI 2'0
-
PC" ' Pl-olocx,ntld ard R If
CW 1T1 0-,ludtsPCRS)
• IOSlA-6"Sl
I .. ,
1ypt 4 &-llED>.SlOntA Cool .. 3'7 l!l'orct P .. PCRS" ' - •~o,ty "' 900t(, 2dnwnrcOOMK1icns s ,n...,. ,., ~ NP
lypeS llatuul P(R7U,> -•-~Olfy•lh
-
UIIV 2 dnnq and 2 ...... . .,y
\\'ilmWhtlt (l20-2/7V) AlllninumP»-ic (()fft(ll<ns
3000 11W
0(
HS EXllmlHoustsl:»Slwfld
I
70 !Oln.CRI (347-l&OV) Opd<INIColorSp,ct,
«borl'Ml IS lnwmalHarAsidolNold

6. Nou vaublo W!lhUOV
7 "1bb-.rith3- pln « S-pin HEMApholocdVdlwalnscw.,co

8. Wood«td• h 0111,APO. IIR\ APO-IIR(-awllnot be
comocltd 10 UEMA 1t<fl)l«le
g Mol.rc•10•l- Yi• TopTtncn. Si-dfy• rw>d~•,ch
• 3 0' ,opOD.lo,A -.u>ru1don.
..- OC-LCPcrOC,RAVO)I (- 2 3,1..-.ti,
SC MA M1'1AmlAtwr Mo,rn10
~CclcfSpec lly. •~Y&'OAruu..,,_
-.... -dtp,._,,_,_,_ m' Slt1;jtTnnpaon
m • l'M"llr1.rddcn
RAL7045 I PTF2• l'cltTq> Alff
Custom Color 23N - l'CI• Tonon
PTf) • l'cltTq> Alff
3' • 3 1/2' 14 ltnon
m• PoltTcp Ru,
)Vl' - 4' ~ ltncn
SM' Squ,,.PcjoAd,po,r
Ol' Cl~tlffll
IO tlct av.ibl>loln llO' tn0.ft0l&a>n6~•icxu
II Roqu ,.4 fo, .,...,."II lo ,IQ\.ht ,qu.,.polo,
l2 SWopolonllnot blo,wt,""l'Olho<oontrol cption>• h ~
e,r;opaon ol SW-MRI modon re,ponsocp(ion,

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-110- TECHNICAL SPECIFICATIONS

GL13-MRI or GL13-APD-MR I Units

13.42" 4.63"
1116 cm 30.087 cm
1 .8 ft'
.07m'
EPA Data
2 1.6 ft'
.15m'
1=.4.

2.2 ft '
.20m '
Approxmate Weight
5-lgle Lurr.nalre
33 lbs / 14.969 kg
Technical Data
LED
CurTent
Ordering Code TotalLEDa (mA)
70LA-6436 64 350
86LA-8036 80 350
106LA-6463 64 530
LED
Current
Ordering Code Total LEO. (mA)
70LA-6436 64 350
SSLA-8036 80 350
10SLA-6463 64 630
Average
System Color
W•tta'1 Temp.
70 4000K
86 4000K
101 4000K
Average
System Color
Watta-o Temp.
70 4000K
86 4000K
101 4000K
Lumen
Output •w
6652
8064
9870
Lumen
Output 11U
6731
8027
93BB
Mot ion Sensor
Mot ion Sensor
Type 2 Type3
Efficacy
(LPN)
95 95
97 BUG
Rating
B2-UO-G1
B2-UO-G1
82·UO·G2
Lumen
Output •"
6750
8173
9385
Efficacy
(LPW)
96 95
93 Type4 Type6
Efficacy BUG Lumen Efficacy
(LPN) Rating Out:putuu (LPW)
96 BI- UO-G2 6657 95
94 BI-UO-G2 8025 93
93 82·UO-G2 9139 90
BUG
Rating
B1-UO--G2
B1-UO·G2
B2- U0-G2
BUG
Rating
B3-UO-G1
B3·UO-G2
B3·UO-G2

12. Wattage rreyver, by•/- 896 due to LED rrerufacttrer for ward volt &pacification end ambient terrperature. Wattage shown is average for 120V thr<><q127N input.

Actual wattage may vary by an edditional •/- 1096 due to acrual input YOlt:age.

13. Contact Outdoorfghting.spp.icevo~pl: ifps.com for values not H~ted or if approximate estirretes are required for desig, l)IKp<>SeS.

14. LED arr~ feature LEDs that p,-ovide from 90 to 100 lumens per watt when operated at 350 mA. Lumen values based on terts performed in oo,rplianc:e .,,;th IESNA LM-79.

Gullwing_GL13_LED 03/19 page 2 of 5

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-111- TECHNICAL SPECIFICATIONS

Luminaire Configuration Information
GL13
Philips Gardco Gullwing LED standa rd luminaire
provid ing constant wattage and constant light
output when power to the luminaire is energ ized.

GL13- DIM
Philips Gardco Gullwing LED luminaire provided
with 0 -10V dimming for connection to a cont rol
system prov ided by Philips or by others .

GL13-APD
Philips Gardco Gullwing LED luminaire with
Automa ·c Profile Dimming. Luminaire is provided
with 0ynadimmer. programmed to go to 50%
power . 50% light outpu t two (2) hours prior t o
night time mid- point and remain at 50% for six
(6) hours after night t ime mid-po int . Mid-point
is continuous ly reca lculated by the 0ynadimmar
based on the average mid-point of the last two
full night cycles. Short durat ion cyc les. and power
interrupt ions are ignored and do not affec t the
determ ination of mid-po int.

GL13-APD Dimming Profllo :
2 hour s 6 hours
100% >-----+--------< 100%
60% 60%
Power On Mid Point Power Off
GL13 Drill Template
---r

2.25"
(5.72cm )
----+---L
1 117" l
: (5.511 an)
I 3.84"
I (9.75cm )
I - -
I
!----1-----
Gullwing _Gl13_LED 03/ 19 page 3 of 5
The GL13-APD offers many of the advantages of a
sophisticated contro l system. including an average
energy savings of at least 33% versus constant
wattage . constant light output systems. without
the need for a contro l system.

GL13-MRI (Luminaira mounted sensor)
Luminairas with Integra l Motion Sensor include the
0yna0 immar module and an integra l motio n sensor.

The locat ion of the Integra l motion sensor is shown
on page 2. The OynaDimmar is programmed to
prov ide 50% power and light output . unless motion
is detected . Power supp lied by the mot ion sensor
connected to the overr ide line on the 0yna0 immer
takes the luminaira to high setting . 100% power
and light output . when motion is detected . The
luminaira remains on high until no motion is
detected for the motion sensor dura t ion per iod .
attar which the luminaire returns to low. Duration
per iod is factory set at 15 minutes . Duration per iod is fie ld adjustab le. Available from 120V to 277V
input only.

MRI luminaires are provided with the WattStoppar
FS-355-L3W motion sensor. with a maximum
reco mmended 20 ft. mount ing height . The area
coverage and range of the integra l sensors make
them most suitab le for applicat ions not requ iring
longs range detection .

GL13-APD- MRI (Luminaira mounted sensor)
Luminaires with Automat ic Profil e Dimming and
Motion Response Override with integra l morion
sensor . (APO- MRI) combine the benefits of
automat ic prof ile dimming and motion response .

The luminaira will dim to 50% power . 50% light
output. per the APD dimming prof ile. If motion is
detec ted dur ing th e time the luminaire is operat ing at 50%. t he luminaira returns to 100% power and
light output . The luminaire remains on high until
no motion is detected for the duration period .
after which t he luminaira returns to low. Duration
per iod is factory sat at 16 minutes . Duration
per iod is fie ld adjustab le. APO-MRI luminairas use
the ident ical motion sensor as MRI lumairas . Saa
motion SQnsor deta ils above. Available from 120V
to 277V input only.

APD-MRI lumlnalras are avallabla from 120V to
277V (UNIV) Input voltages only.

APO-MRI lumlnalros use tho ident ical motion
sensor as MRI lumlnalras . Soa motion sensor
datalls for GL13-MRI.

Side Coverage Pattern
1H
2H
Top Covoraga Pattern
2H
Distances are approximate.

H = height above ground
SW
SiteWise option is a fully integratod contro ller
tha t connects to Philips SiteWise system in order
to of for a comp lete area lighting management
system. The communicat ion signal is based on
Philips patented centra l dimming tec hnology.

SitaWisa delivers it dolivar optimal energy savings
using your site's existing cabling. o addit ional
wiring requ ired. insta llation and commissioning
are simplo. An intuit ive. mobilo app makes it easy
for author ized users to sat schedu les o meat
site specif ic lighting needs. loca l regu lations. and energy codas .

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-112- TECHNICAL SPECIFICATIONS

Gullwing G13 LED area luminaire, small
SiteWise system
SlteWlse Is e complete area lighting management system Including e lumlnelre Integrated controller, dimming signal transmitter cabinet, end locally accessible user Interface . Installation and commissioning ere simple . The cabinet communicates with the Phillps lumlnalres using a patented central dimming technology .

The control signal Is embedded on the existing electrical line - no new cabling Is required. An Intuitive, locally accessible Interface makes It easy for authorized users to set schedules In order to meet site specific lighting needs. local regulations . end energy codes.

SiteWise system diagram
SiteWise system interface
- ~·- 0
-==-II 1!11!1 .
• -
SiteWise system specifications
SlteWlse has en Intuitive user Interface that makes It easy to plan. edit , end Implement lighting schedules for your site .

Authorized users can access the Interface vie e local epp.

To ensure that only authorized users can access your lighting , SlteWlse otters two user types , each with different permissions . An advanced user. or administrator , can set and edit schedules using the ten pre-set scenes , assign those schedules to calender days, end check system status .

For everyday use. a basic user can manually override e schedule that Is currently running but cannot create or edit schedules .

The SlteWlse system Includes both lumlnalres end controls . The controls used for SlteWlse ere circuit load dependent. Required for a complete Installation ere the following Philips SlteWlse components: user Interface. control kit. dimming signal transmitter cabinet. end dimming signal receiver located In the Philips lumlnelre (SW option). Optional lumlnelre-lntegrated or external motion sensors may also be specified es required . Within the electrical closet . the control kit end dimming signal transmitter cabinet ere Installed Into the electrical system between the existing breaker panel end the site lumlnalres. New LED lumlnelres containing the dimming signal receiver ere Installed on the site . Once completed , use of the Interface allows for scheduling end override cepebllltles . Wireless access point end tablet should be supplied by others. Complete Information on the control system can be found on the SlteWlse website et phlllps .com/1ltewlse

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-0026
-113-

Gullwing G13 LED area luminaire, small
Specifications
General Description
The Philips Gardco Gullwing LED GL13 area luminaire
is defined by its high performance . sleek profi le
and rugged construct ion. Gullwing LED luminaires
comb ine LED performance exce llence and advanced
Philips Gardco LED the rmal management techno logy
with the distinct Gullwing style to provide outdoor
area lighting that is both energy effic ient and
aest hetica lly pleasing.

Housing
A one - piece die cast aluminum hous ing mounts
direct ly to a pole or wall wit hout the need for a
suppo rt arm. The low profile rounded form reduces
the effective pro jected area of the luminaire to only
0 .8 ft' 1.07 m•.

IP Rating
Gullwing LED 13" optics are IP65 rated .

Thermal Management
The Philips Gardco Gullwing LED provides extruded
aluminum integ ral the rmal radiation fins to provide
the excellent thermal management so crit ical to
long LEO syste m life.

LED Optical System
LED arrays are set to ach ieve IES Type II. Type Ill.

Type IV. and Type V. available with interna l shields
for back light contro l. Individual LEO arrays are
replaceab le. Luminaires feature high perfor mance
Class 1 LED syste ms.

LEO Performance:

I I• •1-i, 11 .,.lf!t1 ■
Ambient
Electrical
Luminaires are equipped with an LED driver t hat
accepts 120V through 277V. or 3d7V through d80V.
50hz to 60hz . input . Driver output is based on t he
LED wattage selected . Component - to-componen t
wiring within the luminaire will car ry no more than
8096 of rated current and is listed by UL. Power
factor is not less than 9096. Luminaire consumes 0 .0
watts in the off state . Surge protecto r sta ndard.
10KA per A S I/I EEE C62 .d1.2.

StteWlse network system
SiteWise system includes a contro ller fu lly
integrated in the luminaire that enables the
luminaires to communicate with a dimming signal
tr ansmitter cabinet located on site using Philips
patented can ral dimming tec hnology. A locally
accessible mobile app allows users to access t he
system and set functionalities such as ON/OFF.
dimming levels and schedu ling. SiteWise is available
with motion response options in order to bring
the light back to 100% when motion is detected.

Additional functionalities are available such as
com munication ,vith indoor lighting and connect ion
to BMS systems .
, ... , ,.,...,. • 1 •a.1 ··•• e1 ,, ■ 1 · ••.11.1.:.11 Finish
Each standard color luminaire rece ives a fade
and abras ion res istant . electrostat ically app lied. thermally cured . trig lycidal isocyan urate (TGIC)
textured polyester powdercoat fin ish. Standa rd
colors include bronze (B RP). black (BLP). white
(WP). and natura l aluminum (NP). Consult factory for
specs on option al or cust om colors.

Labels
All luminaires bear UL or CUL (where applicab le) Wet
Loca tion labels.

Limited Warranty
5 year limited war ranty . See philips.com/ luminaires
for complete deta ils and exclusions .
l
Temperature Driver mA Calculated L70
L,0 Per TM-211••11
Lumen Maintenance 96@
Hour s••·•• 60.000 hours oc
25°c up to530 mA >100.000 >60.000

15. Pre dicted perform ance deriv ed from LEO manufacture r ·s data and eng ineeri ng d esign estim ates. based on IESNA LM- 80 methodology . Actual e<l)erience may very du e to field application condit ions.

16. l ~ is the precf,cte d time when LEO perform ance depreci ates to 7096 of initiaHumen output.

17. CelclAeted per !ESNA TM21-11. Published L,. hours limited to 6 times actu al LED test hours . 8296
I

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-xxxx 114 EXHIBIT “A”
Change Order Form

EXHIBIT “A”

CHANGE ORDER FORM
Forty Niners Stadium Management Company LLC

Contract Change Order #

Project: Change Order No.:

Orig. Contract Amt.:

Da
ys

Contract No.:

Contractor: Prev. Appvd. Chan
ges: $ Days
Owner: Forty Niners Stadium Management
Compan
y LLC
This Change: $ Days
Revised Contract Amt.: $ Days

This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and Forty Niners Stadium Management Company LLC, otherwise referred to as Owner.

Item
No.

Description of Changes
Increase/
(Decrease)
in Contract
Amount
Contract
Time
Extension,
Days

1 2

Totals

This Contract Change Order consists of 2 pages and any exhibits attached to this Contra ct Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the Forty Niners Stadium Management Company LLC.

Contract Change Order # Page 1 of 2
4900 Marie DeBartolo Way
Santa Clara, CA 95054

Levi’s Stadium LED Retrofit Project
RFB Number: RFB-FY22-xxxx 115 EXHIBIT “A”
Change Order Form

The amount of the contract will be increased by the sum of $ and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Contractor accepts the terms and conditions stated abov e as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work . By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract.

Accepted:

(Signature) Contractor’s Authorized Representative Date

Recommended:

(Signature) [**INSERT NAME, TITLE**] Date

Approved:

(Signature) [**INSERT NAME, TITLE**] Date

Item
No.

Justification for Change(s)

1 2

Contract Change Order # Page 2 of 2

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1075 Agenda Date: 9/13/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Bear Electrical Solutions, Inc. for the LED Retrofit Project - Exterior Luminaire Light Fixtures- Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.

As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and ManCo.

The Stadium Manager is requesting approval for the following:

1. Award a one-time agreement to Bear Electrical Solutions, Inc., in the amount of $114,100 to replace exterior lighting in Gold Lot 4, Gold Lot 5, Bill Walsh Way and other exterior locations around Levi’s Stadium;

2. Authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and

3. Authorize the Stadium Manager to execute change orders up to 10% of the project cost ($11,410), for a total not to exceed amount of $125,510.

The Stadium Authority Fiscal Year (FY) 2022/23 Capital Expense (CapEx) Budget includes $210,000 for the LED Retrofit Project - Exterior Luminaire Light Fixtures - Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project line item.

DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo, supporting procurement documents, and the draft agreement with Bear Electrical Solutions, Inc.

City of Santa Clara Printed on 9/8/2022Page 1 of 3
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22-1075 Agenda Date: 9/13/2022
(these documents are attached to corresponding report #22-1074) for consistency against the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.180 (Formal Bidding Procedure). The Stadium Manager‘s Request for Bids (RFB) received six responses and the Stadium Manager is recommending award to the lowest bidder (Bear Electrical Solutions, Inc.).

Based on the documentation provided, staff recommends approval of the Stadium Manager’s request to execute a one-time agreement with Bear Electrical Solutions, Inc for the LED Retrofit Project- Exterior Luminaire Light Fixtures- Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project (Fixture locations are included in Attachment 1). However, staff recommends that the Stadium Manager’s request for delegated authority to execute change orders for the project be delegated instead to the Executive Director. Currently, the Executive Director has no procurement delegated authority under the Stadium Authority Procurement Policy. Approving staff’s recommendation to provide the Executive Director with such authority to approve the issuance and execution of change orders up to $11,410 accomplishes the expediency that the Stadium Manager seeks. The Stadium Authority will require full supporting documentation before respectively releasing public funds upon procurement of these items. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The Stadium Authority FY 2022/23 CapEx Budget includes $210,000 for the LED Retrofit Project- Exterior Luminaire Light Fixtures - Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project line item. There are sufficient funds to cover the total cost of the agreement ($114,100), the 10% contingency ($11,410) that the Stadium Manager is requesting, and the RFB advertisement in the San Jose Mercury News ($272).On July 13, 2021, the Stadium Authority Board approved up to $20,000 for the Stadium Manager to publish legal notices in the San Jose Mercury News and Santa Clara Weekly for various solicitations, which would cover these procurement advertising costs.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Treasurer’s and Stadium Authority Counsel’s Offices.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public
information desk at any City of Santa Clara public library.

City of Santa Clara Printed on 9/8/2022Page 2 of 3
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22-1075 Agenda Date: 9/13/2022

RECOMMENDATION

1. Approve the Stadium Manager’s request to execute a one-time agreement with Bear Electrical Solutions, Inc. to replace the exterior lighting in Gold Lot 4, Gold Lot 5, Bill Walsh Way, and other exterior location around Levi’s Stadium (LED Retrofit Project - Exterior Luminaire Light Fixtures - Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project) in the amount of $114,100; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to 10% of the contract cost ($11,410), for a total not to exceed amount of $125,510; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director

ATTACHMENT

1. Fixture Locations
City of Santa Clara Printed on 9/8/2022Page 3 of 3
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ATTACHMENT 1
Fixture Locations

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1004 Agenda Date: 9/13/2022

REPORT TO COUNCIL

SUBJECT
Provide Direction to Staff on Alternatives for the Completion of the El Camino Real Specific Plan

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City’s last General Plan Update in 2010 designated the El Camino Real corridor as a Focus Area for the City’s growth, primarily through the development of new midrise (three to five story) residential and mixed-use construction with the goal of transforming the corridor from low-intensity, auto- oriented uses to a more intensive, pedestrian-friendly urban environment. Redevelopment of the corridor is intended to provide new housing capacity while also retaining a significant amount of commercial use. Unlike other General Plan Focus Areas, the General Plan did not require preparation of a Specific Plan for the El Camino Real Corridor, so that new residential development could immediately proceed, helping the City to conform to State Housing Element requirements.

As the housing market recovered in the early 2010s, more than a dozen housing projects moved forward, resulting in the construction of over 1,000 housing units. As this development was implemented, many community members expressed concerns with the potential impacts of this increased density, including aesthetics, traffic and crowding of services. In response to these concerns, in 2017, the City Council directed staff to prepare the El Camino Real Specific Plan to provide the community with an opportunity to give input and establish more detailed land use policies and design standards for new construction along the corridor. The City selected a consultant, Raimi + Associates, through an RFP process to assist with the preparation of the Specific Plan and appointed a Community Advisory Committee to provide stakeholder input to guide the planning process.

Through the community planning process, community members also expressed a desire to modify El Camino Real to add bicycle lanes. The Specific Plan will accordingly provide policy direction for new land development along the El Camino Real corridor, as well as for the future use of the El Camino Real road right-of-way.
2021 Draft Specific Plan
Staff worked with community members and a City Council appointed Community Advisory Committee to prepare an El Camino Real Specific Plan. Key elements of the draft Plan, including the proposed land uses and densities, were presented to the City Council for input and direction periodically throughout the planning process, including at a study session in March 2021. A draft Specific Plan, including land uses as recommended by the Community Advisory Committee and consistent with prior Council direction, was presented for City Council adoption at the June 15, 2021 City Council meeting. A key component of the draft Specific Plan would have replaced the two General Plan designations currently applied to most properties along the corridor (Community Mixed-Use 20-36 City of Santa Clara Printed on 9/8/2022Page 1 of 9
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du/ac and Regional Mixed-Use 37-50 du/ac) with three finer-grained, more urban designations (Corridor Residential 16-45 du/ac, Corridor Mixed Use 45-65 du/ac and Regional Commercial Mixed Use “Activity Centers” 55-100 du/ac).

Although the proposed land use plan and land use designations had been previously reviewed and supported by the City Council, at the conclusion of the City Council’s consideration of the item, the Council directed staff to significantly modify the proposed General Plan Land Use Designations for the Specific Plan so that the maximum heights for the three land use designations would be two, three, and four stories, respectively, and to modify the allowed densities to correspond to these heights.

On July 6, 2021, staff returned to the City Council to provide additional information, and possible alternatives, and requested direction on the next steps for the El Camino Real Specific Plan. Staff explained that the revised height limits would likely correspond to significant reductions in land density from what had been studied in the project Environmental Impact Report (EIR) and require additional funding for CEQA analysis. Based upon discussions with the City’s consultant, staff projected that this would require a General Fund appropriation of $200,000 to support preparation of a Vehicle Miles Traveled (VMT) analysis and recirculation of the EIR, economic feasibility analysis, and the rewriting of development standards for the Plan. Staff also explained that several projects that had been waiting to make use of the completion of the Specific Plan CEQA analysis would be delayed while they prepared their own CEQA analysis or wait for the completion of the City’s process.

Staff presented four options for the Council to consider:

1. Proceed with a significant modification of the Specific Plan, including revision to and recirculation of the project EIR, extending the schedule into 2022 and requiring additional budget appropriation.

2. Proceed with an alternative that would significantly reduce the Specific Plan density but not below a density that would allow use of the current EIR;

3. Discontinue preparation of the Specific Plan; or

4. Prepare City initiated CEQA analysis to support pending project applications.

The Council voted to direct staff to proceed with option 1, modification of the Specific Plan to include the height limits as previously directed by the City Council.

During the City Council discussion on July 6, 2021, some Councilmembers indicated that adoption of objective design standards for the El Camino Real corridor continues to be an important City priority and asked staff if there were alternative ways to adopt such standards. Councilmembers also indicated continued support for the removal of on-street parking in order to create bicycle lanes along the corridor.

On September 28, 2021 staff presented to the City Council two alternatives for revisions to the El Camino Real Specific Plan:

1. Preparation of a new Specific Plan based upon the lower densities directed by City Council; or

2. Implementation of the prior City Council direction through a Roadway Plan and Rezoning.

In this presentation, staff explained that further discussions with the City’s consultant and the need to employ a contract planner to oversee the preparation of, essentially, a new Specific Plan would require a budget appropriation of $900,000. Staff suggested that for significantly lower cost, the City could achieve the objectives of implementing changes to El Camino Real to add bicycle lanes and City of Santa Clara Printed on 9/8/2022Page 2 of 9
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the adoption of objective design standards through adoption of a Roadway Plan and rezoning of the El Camino Real properties without adoption of a Specific Plan. At the conclusion of the Council’s discussion, the Council directed staff to proceed with the preparation of the new, reduced density Specific Plan while also continuing to consider the original Specific Plan and to prepare economic feasibility analyses for both alternatives. The City Council did not however, at that time, approve an accompanying amendment to the City’s budget to fund the work. 2022 City Council Action
In June 2022, as part of the adoption of the FY 2023-2024 Capital Improvement Program (CIP) Budget, the City Council approved funding of $1.0 million for staff to proceed with preparation of the reduced density Specific Plan for El Camino Real and directed staff to return to the City Council with alternatives for the scope of the Specific Plan work, including consideration for how to reduce the overall cost.

DISCUSSION
The City Council has discussed the City’s goals for the El Camino Real Specific Plan on several occasions over the past several years. The following topics have been of particular concern during these discussions:
· Objective Design Standards
· Neighborhood Interface
· Height Limits
· Activity Centers
· Location of Density
· Total Density
· Specific Plan Preparation Costs
The City Council has multiple options for how to address these concerns, including:

1. Preparation of a new Specific Plan along with continued consideration of the 2021 draft Specific Plan as previously directed by City Council

2. Modification of the draft 2021 Specific Plan to address the specific concerns of the Council while maintaining enough density and consistency with the draft Plan vision to allow use of the prior EIR.

3. Continued use of the current General Plan along with zoning changes and a roadway plan as previously discussed with the City Council.

Scope to prepare a lower density Specific Plan
It will be necessary to prepare a new Specific Plan in order to implement the City Council’s direction to reduce density to approximately one-third of the number of residential units supported by the 2021 draft Plan. The height limit changes to the Specific Plan as directed by the City Council indicate significant revisions to the land use development types and densities, which further trigger substantial revisions to the entire Plan including:
§ Revising vision/goals/policies
§ Rewriting development standards for all designations
§ Revising design standards
§ Replacing or revising images, graphics, and maps as needed City of Santa Clara Printed on 9/8/2022Page 3 of 9
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To ensure that the changes to the development types and densities are feasible, an Economic Feasibility Analysis will be conducted. The City would also evaluate the potential for retaining some sites for exclusive commercial use. The need for this evaluation is prompted by the loss of commercial square footage in mixed-use development that is no longer feasible at the lower densities. Reducing the overall density would make it easier to incorporate lower density commercial density development while creating opportunities for redevelopment on other sites.

This alternative includes an update of the project EIR, including:
§ A new VMT Analysis to update the model for the revised land uses; and § Air quality modeling
A significant revision of the Specific Plan would likely involve additional community engagement, including possibly reconvening the Citizen Advisory Committee as well as general community workshops. Once the revisions to the specific plan are completed, community outreach on the changes would be conducted and then the revised Specific Plan would be brought back to the City Council for action along with approval of the EIR, General Plan amendments, a rezoning ordinance and removal of the on-street parking along the El Camino Real corridor.

Once the Specific Plan is complete, the City would next embark on a rezoning of the properties along the corridor to conform to recent State law requirements expanding the requirement for alignment of zoning and General Plan to apply to Charter Cities. The City would initiate rezoning of the properties within the Plan area to change the zoning to new designations that align with the new Specific Plan land use designations. This work will occur once community outreach has been conducted, including the notification of property owners.

Objective Design Standards
Traditionally, Santa Clara has relied upon a subjective design review process for the review of site and architectural design for new development, utilizing design guidelines and a public hearing process to promote higher quality design treatments responsive to community concerns. Changes in State Law now severely reduce the City’s ability to rely upon a subjective design review process.

Adoption of codified, objective design standards will allow the City to continue to regulate architectural design as allowed by the State. City Councilmembers have consistently expressed a desire to adopt objective design standards for development along El Camino Real with particular emphasis given to standards that regulate the interface between new and existing, lower density (single-family) development.

As prepared in June 2021, the draft Specific Plan includes objective design standards that would become effective if the Specific Plan is adopted. Staff also proposed in 2021 that objective design standards could be adopted through rezoning of the El Camino Real corridor should the Specific Plan not be adopted. If the City does not adopt a Specific Plan, development would most likely occur through use of existing zoning districts found within the City’s Zoning Code. The anticipated adoption of the Zoning Code Update later this year would also provide an opportunity for the adoption of objective design standards within the applicable zoning districts.

As previously discussed, the objective design standards included in the 2021 draft Specific Plan are based upon the type of development supported by the Plan (e.g., 3-6 stories) and will need to be updated for a lower density Specific Plan based on 2-story, 3-story and 4-story development types.

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Neighborhood Interface
Neighborhood interface has been the strongest concern of the City Council. The 2021 draft Specific Plan included an objective design standard that would require a one-to-one (45 degree) step back from adjacent uses. At present, the City does not have an objective standard that requires such a step back. The City Council expressed concern that this step back was not sufficient, particularly for properties along the northern side of El Camino Real that had the potential to cast shadows onto the back yards of adjoining single-family residences. The longest shadows would be cast on the winter solstice, on which the highest angle of the sun is approximately 30 degrees. The Council indicated a preference for a 30 degree step back which would reduce the shadows cast by new development so that they would have no impact when the sun is at 30 degrees.

It should be noted that trees and backyard fences will also be shading the back yards of such residences. For example, a 7-foot tall fence would shade approximately 12 feet of a back yard at the point when the sun is the highest on the winter solstice and a greater amount earlier or later in the day.

The City could move forward with a modified version of the 2021 draft Specific Plan that would enact a 30 degree step back requirement for properties adjacent to single-family residences on either side or on the northern side of El Camino Real if so directed by the City Council.

Height Limits
The Council direction to revise the Specific Plan originated from a concern that the 2021 draft Specific Plan would allow too great of a height along the corridor. The Council directed staff to revise the Plan to establish 2-story, 3-story and 4-story maximums for each of the three proposed designations to reduce the potential for a ‘canyon effect’ along El Camino Real as well as visual or shadow impacts to adjoining uses. The change in height would change the type of development.

Current townhouse developers normally build 3-story or 4-story structures. (For example, an El Camino Real townhouse project was recently approved at 3141 El Camino Real by the City Council with 3-story structures; the original proposal included 4-story elements, but was reduced to 3 stories at staff’s request to conform to the current General Plan).

The City Council may want to reconsider if a 2-story maximum height limit is desirable and/or feasible given that this height limit would correspond to single-family detached development. A three-story height limit combined with a step back requirement may be sufficient to address the City Council’s concerns with neighborhood interface.

Heights greater than four stories will be necessary if the City is to implement the vision for Activity Centers and a significant amount of mixed-use development. The 2021 draft Specific Plan includes an ambitious amount of commercial development to be accomplished through mixed-use and intends to create particularly active, amenity-rich “Activity Centers” that would provide a shopping and recreational destination for community members. Limiting heights to four or fewer stories limits the feasibility of mixed-use development as the commercial portion normally requires a different construction type and subsidy from the residential portion of the project in order to be viable. While the City has permitted some 4-story mixed-use developments (e.g., 3402 El Camino Real “The Deck” and 1313 Franklin “Downtown Gateway”), based on current development practices, five to seven stories is preferrable if the City wants to promote mixed-use development, particularly for the activity centers which are intended to include publicly accessible open spaces.

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Without mixed-use development, continued redevelopment of the corridor will likely result in the loss of more commercial uses, counter to the community goal of retaining commercial uses. Because of State law requirements and the General Plan designations applied to the corridor in 2010, it is also not feasible to revert to a commercial only designation to preserve commercial uses. At this point, the best strategy to retain commercial activity along the corridor is to allow higher density at locations where such density is desirable. Otherwise, projects such as the 3141 El Camino Real townhouses, will continue to replace existing commercial with residential uses.

Given the width of the El Camino Real roadway, and the planned variation in land uses along the corridor, allowance for 3-story, 4-story and occasionally taller buildings should not result in a “canyon effect”.

Activity Centers
The June 2021 City Council direction limited height to a maximum of four stories and would not support the “activity center” concept presented in the Specific Plan, which envisioned up to five locations (note only three sites are likely to redevelop within the life of the Plan) with mixed-use development of up to six stories at densities high enough to support retail in a mixed-use format, as well as public open space, with the intent of creating places with enough activity to act as a destination within the community.

Subsequent City Council discussion has suggested some support for continuing to include activity centers as envisioned within the Specific Plan as the City considers reduction in the overall density and/or more stringent neighborhood interface standards. Allowing for activity center sites, along with other adjustments, could allow the City to proceed with a modified version of the 2021 draft Specific Plan rather than create a new Specific Plan.

Location of Density
A key component of the 2021 draft Specific Plan and the planning process through which it was developed focused on the strategic location of density to support new residential and commercial development at locations where it would minimize impacts. As recommended by the Citizen Advisory Committee, the draft Plan replaces the two land use designations existing along the corridor with three designations to further differentiate the allowed densities and thereby lowering the allowed density at some locations and increasing it at others. Typically, smaller lots were placed in the lower density designation (corresponding to townhouses) because it would be difficult to provide step backs or other buffers to adjoining uses on these smaller lots. The middle density designation was accordingly applied to medium sized lots and the higher density designation was only applied at five locations with anticipated large development sites. The land uses of the 2021 draft Specific Plan could be further reviewed to determine if more sites should be moved into the lower density category based upon their proximity to sensitive uses or other considerations.

Total Density
The City Council also expressed concern in June and July 2021 with the overall amount of development that the Specific Plan would allow. Staff analyzed the proposed height reductions (2- story, 3-story and 4-story for each of the three designations) and determined that based on those height limits the overall development capacity would be reduced by approximately two-thirds. Staff suggested a compromise that would reduce density by one-third so that the City could continue to make use of the draft EIR, but the City Council did not support this alternative. The compromise of a total lower density could be achieved by designating more of the corridor with the lower density Corridor Residential designation and/or making more modest changes to the density ranges allowed City of Santa Clara Printed on 9/8/2022Page 6 of 9
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by the three land use designations. Such a compromise would reduce the costs of completing the Specific Plan process and with greater height allowances could allow the continued proposal to develop activity centers and mixed-use development, while reducing density at other locations deemed to be sensitive by the City Council.

Specific Plan Preparation Costs
The costs vary significantly among the alternatives available for Council consideration. Preparing an entirely new Specific Plan is the most expensive option, with a significant portion of the cost driven by the need to produce a new Environmental Impact Report (EIR). This effort is estimated to cost up to $850,000 in consultant fees and $150,000 in contract planning fees based on a prior project scope provided by Raimi + Associates. If Raimi + Associates is not available, the City would need to conduct an RFP to identify a new consultant and additional costs would be likely.

A less expensive option would be to produce a modified version of the Specific Plan that significantly reduces density, but not below an overall density of 35 units / acre, and is otherwise similar enough to the 2021 draft Specific Plan that it is possible to reuse the draft EIR. (Given the passage of time, some modifications to the EIR may be necessary regardless.) This option is estimated to require up to $250,000 in consultant costs with Raimi + Associates.

Alternatives that could reduce costs further include moving forward with a slightly modified version of the Specific Plan with changes to address the most significant of Council concerns or pursuing alternatives that do not include a Specific Plan (e.g., zoning code modifications or no action).

In order of most to least expensive, alternatives available to the City Council are:
1) Prepare a new Specific Plan, new EIR (with analysis of Vehicle Miles Travelled) and economic analyses of the new and 2021 draft Specific Plan land uses. 2) Prepare a significantly modified Specific Plan that retains enough density and elements (e.g., a range of densities that support mixed-use) of the prior Specific Plan so as to be consistent with the prior draft EIR.
3) Make minor modifications to the 2021 draft Specific Plan to address key Council concerns. 4) No further work on a Specific Plan; Incorporate objective standards into the Zoning Code.

Options 1-3 would include objective design standards per Council direction. If Council pursues Option 4, staff would look for an opportunity to include the same objective design standards in the Zoning Code.

In 2017, the City Council approved an agreement with Raimi + Associates, Inc. (Raimi) for the development of the El Camino Real Specific Plan. Raimi was selected through a competitive Request for Proposal (RFP) process conducted in 2016. The agreement was amended twice to extend the completion date. The agreement with Raimi termed out on September 30, 2021.

Next Steps
Staff is recommending entering into a new agreement with Raimi to update the draft El Camino Real Specific Plan discussed above. Raimi prepared the initial plan completed in 2021, and therefore will be able to revise the 2021 plan into a significantly modified plan utilizing information and analysis prepared previously. This will save the City significant time and money associated with the ramp up effort for a new consultant. Raimi has not yet indicated with certainty that they have capacity to take this effort at this time. Should Raimi not be available, another RFP process would need to be conducted to select a consultant. If Raimi is available or once an RFP process is completed, staff will City of Santa Clara Printed on 9/8/2022Page 7 of 9
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return to City Council for approval of the final project scope.

This recommended action is pursuant to the City’s Purchasing Code section 2.105.160(b)(5)(E) where a single source procurement is allowable in order to achieve significant cost savings based upon considerations of continued service support.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The fiscal impact varies between the alternatives. In addition to consultant costs listed above, up to $150,000 is needed to fund contract staff to provide project management duties of the Specific Plan process. Funding for both the consultants and the contract staff is reflected in the $1.0 million appropriation for the El Camino Real Specific Plan project. If the proposed work is completed for less than this amount, the City would experience savings for the General Fund.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

ALTERNATIVES

1. Direct staff to conduct additional planning work to prepare a new draft Specific Plan per City Council direction.

2. Direct staff to prepare a significantly modified Specific Plan that retains enough density and elements (e.g., a range of densities that support mixed-use) of the prior Specific Plan so as to be consistent with the prior draft EIR.

3. Direct staff to create two new zoning districts with objective design standards that align with the existing General Plan land use designations for the El Camino Real corridor and to prepare an El Camino Real Infrastructure Plan/Streetscape Plan for the creation of bicycle lanes along the corridor.

RECOMMENDATION

1. Direct staff to proceed with either:

Alternative 1: Direct staff to conduct additional planning work to prepare a new draft Specific Plan per City Council direction. Authorize the City Manager to negotiate and execute an agreement with Raimi + Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for an initial three-year term ending September 30, 2024, for a maximum compensation not to exceed $850,000, subject to the annual appropriation of funds. Upon completion of the revised Specific City of Santa Clara Printed on 9/8/2022Page 8 of 9
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Plan, staff will return to the City Council for adoption of the project Water Supply Assessment, project EIR, a modified Specific Plan, General Plan amendments, and a resolution to remove on- street parking for the El Camino Real corridor. Direct staff to bring forward budget amendments at a future date; or
Alternative 2: Direct staff to prepare a significantly modified Specific Plan that retains enough density and elements (e.g., a range of densities that support mixed-use) of the prior Specific Plan so as to be consistent with the prior draft EIR. Authorize the City Manager to negotiate and execute an agreement with Raimi + Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for a one-year term ending September 30, 2023, for a maximum compensation not to exceed $250,000, subject to the annual appropriation of funds; or Alternative 3: Direct staff to create two new zoning districts with objective design standards that align with the existing General Plan land use designations for the El Camino Real corridor and to prepare an El Camino Real Infrastructure Plan/Streetscape Plan for the creation of bicycle lanes along the corridor. Authorize the City Manager to negotiate and execute an agreement with Raimi & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for a one-year term ending September 30, 2023, for a maximum compensation not to exceed $50,000, subject to the annual appropriation of funds. Staff will return to City Council for adoption of zoning districts, a resolution to remove on-street parking for the El Camino Real corridor, and adoption of an El Camino Real Infrastructure Plan/Streetscape Plan.

Reviewed by: Andrew Crabtree, Director, Community Development Department Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Original Agreement with Raimi & Associates, Inc. (2017)

2. Amendment No. 1 to Agreement with Raimi & Associates, Inc.

3. Amendment No. 2 to Agreement with Raimi & Associates, Inc.

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EBIX Insurance No. S200003708

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

PREAMBLE
This agreement for the performance of services ("Agreement") is by and between Raimi & Associates, Inc., a California corporation, with its principal place of business located at 2000 Hearst Avenue, Suite 400, Berkeley, CA 94709 ("Contractor"), 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 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 professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, professional ability, 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 PROVISIONS

1. EMPLOYMENT OF CONTRACTOR.

City hereby employs Contractor to perform services set forth in this Agreement. To accomplish that end, City may assign a Project Manager to personally direct the Services to be provided by Contractor and will notify Contractor in writing of City's choice. City shall pay for all such materials and services provided which are consistent with the terms of this Agreement.

2. SERVICES TO BE PROVIDED.

Except as specified in this Agreement, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise ( collectively referred to as "Services") to complete the work required by City at his/her own risk and expense according to the standard of care normally associated with the profession. Services to be provided to City are more fully described in Agreement for the Perfonnance of Services/Raimi & Associates, Inc.

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Exhibit A entitled "SCOPE OF SERVICES." All of the exhibits referenced in this Agreement are attached and are incorporated by this reference.

3. COMMENCEMENT AND COMPLETION OF SERVICES.

A. Contractor shall complete the Services within the time limits set forth in the Scope of Services or as mutually determined in writing by the Parties.

B. When Contractor has completed the Services according to the standard of care normally associated with the profession, City shall give Contractor written Notice of Final Acceptance. Upon receipt of such notice, Contractor shall not incur any further costs under this Agreement. Contractor may request this determination of completion be made when, in its opinion, the Services have been satisfactorily completed. If so requested by the contractor, City shall make this determination within fourteen (14) days of its receipt of such request.

4. QUALIFICATIONS OF CONTRACTOR - STANDARD OF WORKMANSIDP.

Contractor represents and maintains that it has the necessary skill in the professional calling necessary to perform services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such services and duties in conformance to and consistent with the professional standards of a professional consultant in the same discipline in the State of California.

The plans, designs, specifications, estimates, calculations, reports and other documents furnished under Exhibit A shall meet the standard of care described above. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct. The minimum standard of appearance, organization and content of the plan shall be mutually agreed on by the City and the Contractor.

5. 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 of this Agreement and terminate on December 31, 2019.

6. MONITORING OF SERVICES.

City, the State of California, the State Auditor, the U.S. Department of Transportation, the U.S. Federal Highway Administration, the Comptroller General of the United States, the Metropolitan Transportation Commission ("MTC"), any agency that provides MTC with funds for this Project, and the authorized employees, representatives or agents of the foregoing, may monitor the Services performed under this Agreement to determine whether Contractor's operation conforms to the terms of this Agreement. City may also monitor the Services to be performed to determine whether fmancial operations are conducted in accord with commonly accepted accounting principles. If any action of Agreement for the Performance of Services/Raimi & Associates, Inc.

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Contractor constitutes a breach, City may terminate this Agreement pursuant to the provisions described herein.

7. PERFORMANCE OF SERVICES.

Contractor shall perfom1 all requested services in an efficient and expeditious manner and shall work closely with and be guided by 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. Contractor will perform all Services in accordance with all federal, state and local operation and safety regulations.

8. BUSINESS TAX LICENSE REQUIRED.

Contractor must comply with Santa Clara City Code section 3.40.060, as that section may be amended from time to time or renumbered, which requires that any person who transacts or carries on any business in the City of Santa Clara pay business license tax to the City. A business tax certificate may be obtained by completing the Business Tax Affidavit Form and paying the applicable fee at the Santa Clara City Hall Municipal Services Division.

9. RESPONSIBILITY OF CONTRACTOR.

Contractor shall be responsible for the professional quality, technical accuracy and coordination of the Services furnished by it under this Agreement. Neither City's review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the perfonnance of this Agreement Any acceptance by City of plans, specifications, construction contract documents, reports, diagrams, maps and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with applicable federal, state, county, and/or municipal laws, ordinances, regulations, rules and orders.

10. 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 at the rate per hour for labor and cost per unit for materials as outlined in Exhibit B, entitled "SCHEDULE OF FEES."
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within iliirty_ (30) days of City's receipt of invoice.

Agreement for the Perfonnance of Services/Raimi & Associates, Inc.

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11. TERMINATION OF AGREEMENT.

Either Party may terminate this Agreement without cause by giving the other Party written notice ("Notice of Termination") which clearly expresses that Party's intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, Contractor shall discontinue further services as of the effective date of termination, and City shall pay Contractor for all Services performed up to such date.

12. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.

A. City and Contractor bind themselves, their successors and assigns to all covenants ofthis Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors, other than those listed in the Scope of Services, without express written permission from City. Any substitution of subcontractor(s) must be approved in writing by City prior to the start of work by the subcontractor(s).

B. Contractor shall require that the language contained in Sections 18 through 21 and Sections 23 through 28 of this Agreement be included in all subcontracts and lower-tier subcontracts in excess of $25,000.

C. Nothing contained in this Agreement or othe1wise, shall create any contractual relation between City and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor's obligation to pay its subcontractor(s) is an independent obligation from City's obligation to malce payments to the Contractor.

D. Prompt Progress Payments to Subcontractors. The City shall require the Contractor and subcontractors to be timely paid as set forth in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10-days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may talce place only for good cause and with the City's prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or subcontractor to the penalties, sanctions, and other remedies of that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

E. Retainage. No retainage will be held by the City from progress payments due to the Contractor. The Contractor and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may talce place only for good cause and with the City's prior written approval. Any violation of these provisions shall subject the violating Contractor or subcontractor to the penalties, sanctions, and other remedies specified in section 7108.5 of the California Business and Professions code. This requirement shall Agreement for the Performance of Services/Ranni & Associates, Inc.

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not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontractor performance and/ or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

13. 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.

14. 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, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to bind City to any contracts or other obligations.

15. NO PLEDGING OF CITY'S CREDIT.

Under no circumstances shall Contractor have the authority or power to pledge the credit of City or incur any obligation in the name of City. Contractor shall save and hold harmless the City, its City Council, its officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of City's credit by Contractor under this Agreement.

16. 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.

17. 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.

18. OWNERSHIP OF MATERIAL.

All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, Agreement for the Performance of Services/Raimi & Associates, Inc.

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estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, 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.

In addition, Contractor acknowledges that as a condition of City's receipt of its grant funding from MTC, Contractor grants an irrevocable- non-exclusive, royalty-free license to MTC to use without restriction and share with any person or entity all drawings, designs, specifications, manuals, reports, studies, surveys, models, software, source code and source code documentation, documentation or system architecture, and any other documents, material, data and products ("Work Products") development, prepared, or assembled by Contractor pursuant to this Agreement. MTC may exercise its licenses to Work Products through sublicenses to a third party, without the approval of City or Contractor, or subcontractors. The FHWA reserves a royalty-free, on-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in any work developed under this Agreement; and (b) any rights of copyright to which City, Contractor, or subcontractors purchase ownership under this Agreement.

19. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. Contractor agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

B. Contractor also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

C. Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31.000 et seq., are subject to repayment by Contractor to the City.

20. COMPLIANCE WITH ENVIRONMENTAL LAWS.

Contractor certifies that it shall comply with the requirements of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq., with the State CEQA Guidelines, 14 CCR Section 15000 et seq., with the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq., and the applicable regulations thereunder. Notwithstanding the foregoing, City acknowledges that Contractor's Scope of Services includes preparation of an environmental document under CEQA, but that no NEPA document is required for this Project.

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21. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR.

Contractor shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. City, the State, the State Auditor, the U.S. Department of Transportation, the FHWA, the Comptroller General of the United States, the MTC, any agency that provides MTC with funds for this Project, and the authorized employees, representatives or agents of the foregoing, shall have the right to inspect such books and records at any time during normal business hours during the tenn of this Agreement and for three (3) years from the date of final payment under this Agreement, or for four ( 4) years following the fiscal year of the last expenditure under this Agreement, whichever is longer. 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 submit to City or any of the other entities listed in this Section any and all reports concerning its performance under this Agreement that may be requested in writing. Contractor agrees to assist City in meeting City's reporting requirements to government agencies with respect to Contractor's Services hereunder.

22. CORRECTION OF SERVICES.

Contractor agrees to correct any incomplete, inaccurate or defective Services at no further costs to City, when such defects are due to the negligence, errors or omissions of Contractor.

23. FAIR EMPLOYMENT.

In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for PTA-funded projects, Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, ancestry, gender, gender identity, gender expression, sexual orientation, age, physical disability, mental disability, medical condition, genetic information, religion, ethnic background, military or veteran status, or marital status, in violation of state or federal law.

Contractor and its subcontractors shall also comply with all provisions of the Fair Employment and Housing Act (the "FEHA") (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (2 C.C.R. Section 11000 et seq.).

The applicable regulations of the Fair Employment and Housing Council implementing the FEHA set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and each of its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, as appropriate. Contractor shall permit access to the records of employment, employment advertisements, application forms, and other Agreement for the Performance of Services/Raimi & Associates, Inc.

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pertinent data and records by the State of California, the California Fair Employment and Housing Commission, or any other agency of the State of California designated by the State, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

24. DISADVANTAGED BUSINESS ENTERPRISES (DBEs).

The City strongly encourages DBEs and other small businesses, as defined in 49 CFR, Part 26, to participate in the performance of contracts financed in whole or in part with federal funds. Contractor must give consideration to DBE firms as specified in 49 CFR, Part 26, and Caltrans Exhibit 10-I "Notice to Proposers: DBE Information." This Agreement has a DBE goal of 15 percent. The Contractor shall meet the DBE goal by using DBEs as subcontractors or document a good faith effort to meet the goal. If a DBE subcontractor is unable to perform, the Contractor must make a good faith effort to replace him/her with another DBE subcontractor if the goal is not otherwise met.

The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration ofDOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate.

25. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Contractor agrees to comply with all applicable requirements iroposed by Title VI of the Civil Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of Transportation issued thereunder ( 49 CFR Part 21 ). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

Contractor, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, the Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment.

Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.

26. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 531 O(f); and their implementing regulations.

Notwithstanding the foregoing, for workshops and meetings conducted at City Hall or on Agreement for the Performance of Services/Raimi & Associates, Inc.

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other City properties, the City will be responsible for ensuring compliance with these laws.

27. DEBARMENT
Contractor's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Contractor has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Governmentwide Debam1ent and Suspension (Nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debannent pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City.

28. LOBBYING
Contractor certifies to the best of his or her knowledge and belief that:

A. No state, federal or City appropriated funds have been paid, or will be paid by-or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Contractor shall complete and submit Standard Fonn-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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29. HOLD HARMLESS/INDEMNIFICATION.

To the extent permitted by law, Contractor agrees to 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 reasonable attorney's fees, in providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Contractor pursuant to this Agreement except where caused by the City's sole negligence or willful misconduct.

30. 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 with respect to employees and vehicles assigned to the Performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C.

31. AMENDMENTS.

This Agreement may be amended only with the written consent of both Parties.

32. INTEGRATED DOCUMENT.

This Agreement represents the entire agreement between City and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon City.

33. 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.

34. WAIVER.

Parties agree that waiver by other Party 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.

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35. NOTICES.

All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Planning Division
1500 Warburton Avenue
Santa Clara, California 95050
or by facsimile at (408) 247-9857
And to Contractor addressed as follows:

Name:

Address:

36. CAPTIONS.

Raimi & Associates
2000 Hearst Avenue, Suite 400
Berkeley, CA 94709
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.

37. LAW GOVERNING CONTRACT 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.

38. DISPUTE RESOLUTION.

A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and City regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.

B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.

C. The costs of mediation shall be borne by the Parties equally.

D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert's fees, and attorney's fees. If mediation does not resolve the dispute, Agreement for the Performance of Services/Raimi & Associates, Inc.

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the Parties agree that the matter shall be litigated in a court oflaw, and not subject to the arbitration provisions of the Public Contracts Code.

39. COMPLIANCE WITH ETIDCAL STANDARDS.

Contractor shall:

A. Read Exhibit D, entitled "ETHICAL STANDARDS FOR CONTRACTORS

SEEKING TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA"; and,
B. Execute Exhibit E, entitled "AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS."

40. AFFORDABLE CARE ACT OBLIGATIONS
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.

41. CONFLICT OF INTERESTS.

A. This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict 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.

B. Contractor shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project.

42. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Contractor warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to any City employee.

For breach or violation of this warranty, City shall have the right in its discretion to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

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43. PROGRESS SCHEDULE.

The Progress Schedule will be as set forth in the attached Exhibit F, entitled "MILESTONE SCHEDULE" if applicable. Both parties understand and agree that Contractor cannot be responsible for delays from causes beyond Contractor's reasonable control.
[Signatures follow on next page J
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; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Paities.

The Parties aclmowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

APPROVED AS TO FORM:

ATTEST: ~
ROD DIRIDON, JR.

City Clerk

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
Dated: l O h '3 \ \ 1
~~
DEANNAJ. SANTA..~A
City Manager
15 00 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
RAIMI & ASSOCIATES, INC.
a California corporation
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Dated: '7 -I i '\ r
By: ~ t?_ l/L-_
(Signature of Person executing the Agreement on behalf of Contractor)
Name: M,or:tlbe~ D g;;~ /
Title: f}c,Wvit- 1-- c..£1)
Local Address: 2000 Hearst Avenue, Suite JP§' '-/DO
Berkeley, CA 94709
Email Address: vY'att@ Cq1~tO~~c.;e,fJ, ut>ll"'I
Telephone: (510) 666-1010
Fax: NIA
"CONTRACTOR"
I:\PLANNlNG\Advance Planning\Specific Plans\EI Camino Area Plan\Raimi contract\Final Contract and Exhibits\Fina l Agreement Raimi 09 12 17.doc
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AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described in the Contractor's proposal entitled, "City of Santa Clara El Camino Real Precise Plan" dated September 12, 2017, which is attached to this Exhibit A.

In the event of any conflict between the terms of this Scope of Services and the text of the Main Agreement, the terms of the Main Agreement shall control.

All documents prepared under this Agreement, including meeting notices and reports, shall state that the project is funded through the Metropolitan Transportation Commission's Priority Development Area Planning Program. In addition, Contractor shall include the following notation on the front cover or title page of all reports: "The preparation ofthis report has been financed in part by grants from the U.S. Department of Transportation. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation."
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Scope of Services

1. Background Analysis Deliverable(s)
Task 1.1 Project Initiation Meeting. Hold initial meeting with Consultant team, City l<ick-off Meeting staff, and the ABAG/MTC grant manager to review scope, budget, and project coordination and schedule, and to confirm project goals. This meeting will include a site tour Materials organized by the City, which will include discussion of precedents, assets and challenges along the corridor.

Task 1.2 Data Collection and Base Maps. Consultant will provide a data request to the Data Request City and obtain GIS information, reports, and other documents. The City will be Base Maps responsible for providing all data and information, utilizing ABAG/MTC staff as a resource, and the consultant team will assume that the information is accurate and up-to-date. Consultant will create initial base maps of the area for use in the PDA profile and subsequent outreach and deliverables.

Task 1.3 PDA Profile. In coordination with City staff team members, and based on (Tasks 1.3.1-1.3.5) information collected in the previous task, Consultant will prepare a Priority Development Area (PDA) Profile. The PDA profile will consist of a series of technical background memos focused on important topics (see subtasks below), and will be presented to the TAC and CAC for review and comments. To the extent possible, some PDA profile material may ultimately be used as context-setting or existing conditions sections for the Specific Plan document.

Task 1.3.1 Land Use and Policy Context Memo. The memo will describe the Land Use and demographic and socio-economic characteristics of the planning area and Context Memo surrounding community, physical aspects of the planning area, performance aspects related to health and sustainability, and any known constraints that will need to be considered or addressed during the planning process.

The demographic section will include existing and, if available, projected population, age, ethnicity, language, health conditions and disparities, employment, income and poverty status, household tenure and costs, household Greenhouse Gas Emissions (based on the existing consumption-based household greenhouse gas emissions inventory created by the Cool Climate Network, BAAQMD, and UC Berkeley), place of work, travel mode to work for area residents and workers, vehicle availability, and others, as feasible within the project budget and based on available data. The inventory of the physical context will cover existing land uses, urban form, area assets, social services, neighborhood amenities/retail, activity nodes, parks and public facilities, housing opportunity sites, assets identified by community members during initial public engagement, and a qualitative discussion of the area's vulnerability to natural hazards (detailed analysis of infrastructure and related items such as flooding is included in Task 1.3.4 Infrastructure Memo). This inventory will identify businesses, services, and other amenities that act as community anchors or

1. Background Analysis Deliverable(s)
meet the needs or consumer demand of a specific cultural or ethnic group. In addition, it will include a qualitative discussion of known gaps in basic services such as healthcare or parks.

The land use Consultant will also conduct a high-level review of the General Plan, zoning, and other city plans or policies affecting the area, as well as relevant existing plans or policies from other sources such as county and regional agencies.

Task 1.3.2: Urban Design Memo. The memo will provide context for the relationship Design Memo between the planning area and the surrounding areas, including identifying opportunities for positive benefit to the adjacent neighborhoods. Multiple consultants will collaborate on a review of existing public and private plans for the area to better understand the success or lack of success of past efforts in the area. Consultants will identify key opportunity sites for future transit-oriented development and public spaces, as well as public and relevant data associated with identified properties.

Task 1.3.3: Transportation Memo. The transportation Consultant will generate a memo Transportation describing the area's travel patterns, traffic conditions, existing multi-modal network, Memo transit service and patronage, parking supply, the status of planned transportation improvements, and applicable transit plans/policies, as well as the status of planned transportation improvements and any other related issues and constraints for plan development.
• The existing conditions analysis would include the following elements:
• Current street classifications
• Current and future transportation improvements
• Pedestrian facilities
• Bicycle facilities
• Transit services and facilities
• Per capita Vehicle Miles Travelled for residents and employees of area businesses
• Transit ridership data and transit demand
• Commute mode share
• Parking facilities
• Vehicle ownership
• Existing traffic data and counts
• Intersection level of service
• Safety data, including SWITRS and the City's Collision data Task 1.3.4: Infrastructure Memo. A brief summary memo of the existing infrastructure Infrastructure serving the Specific Plan area will be developed by the civil engineering consultant. The Memo summary will include the base map and a brief description of the existing capacities and condition of the utilities including sewer, water, drainage, flood control, gas, and electric systems (and as-built plans for major infrastructure if necessary). Information will be requested from Silicon Valley Water District, Silicon Valley Power, Pacific Gas and Electric, the Bay Area Air Quality Management District and FEMA as needed. Consultant will work with the City to review and document the existing capacities and conditions of these systems, based on City staff knowledge and existing studies. A primary focus of the infrastructure memo will be analysis of the ability to install trees and remove public utility conflicts along El Camino Real. The infrastructure consultant will describe opportunities to reduce water use through the integration of strategies such as water recycling. R+A will describe strategies from the City's 2013 Climate Action Plan to reduce future energy and water use through strategies such as water recycling and rooftop renewable energy generation.

Task 1.3.5: Market Demand Analysis and Commercial Retention Strategy. The economic Market consultant will analyze potential market demand for housing, retail, office, and mixed- Demand use transit-oriented development in the Specific Plan area, building off any existing Analysis and economic and market analyses. This memo will touch on long-term citywide industry and Commercial employment trends, current real estate market conditions, citywide retail sales trends, Retention and market conditions. Strategy
The real estate market analysis to be prepared for the Specific Plan will examine recently Report
built, planned, and proposed competitive projects within the appropriate market or trade area for each product type - including other mixed-use and transit-oriented development along the El Camino Real. Data to be collected will include rents/sales prices, vacancy rates, buyer/tenant profiles, absorption rates, project amenities, and specific location characteristics such as proximity to transit and to shops/services. The consultant will also prepare a range of future demand estimates for each use, taking into account potential shifts in demand for physical space based upon emerging trends. Local real estate brokers will be interviewed to gain additional insights into how the Specific Plan area is positioned within the broader market/trade area(s) and how the area's competitive strengths and constraints will impact likely future demand. This work will focus on understanding how future demand will be influenced by evolving household and business dynamics within the city and region.

The Market Demand Analysis task will also include an initial assessment of the feasibility of producing market rate housing and both producing and preserving affordable housing (very low, low and moderate) in the Specific Plan Area to set the stage for the affordable housing strategy and a proforma financial analysis of key building types proposed in the plan alternatives. This assessment will broadly gauge financial feasibility of new housing products by examining local costs and revenues, and by interviewing housing and mixed- use developers with experience in the region. It will also evaluate the feasibility of making housing occupied by low and moderate income households permanently affordable through acquisition. Developers will be interviewed in order to understand market, financial, and regulatory factors that encourage or discourage development in the plan area.

As part of this effort, KMA will participate in discussions with a select number of representative businesses to understand strengths, weaknesses (SWOT) of operating a business in the plan area. These discussions, combined with the outcomes from the Market Demand Analysis and successful examples in other jurisdictions, will be utilized to develop a strategy for retail and commercial business retention and attraction in the plan area. Translation services will be provided as needed to successfully engage with business owners with limited English proficiency.

2. Visioning and Alternatives
Task 2.1 Desired Outcomes. The Consultant team will use the PDA Profile Report, meeting summaries, public input gathered from Community Workshop 1 and direct engagement activities, as well as feedback from City staff and CAC members to establish a draft of desired outcomes for the Specific Plan. These outcomes will be used to frame and guide potential alternatives for the Plan, ensuring that alternatives adhere to a broad set of desired parameters.

Task 2.2: Scenario Development and Analysis. Consultant team will develop three long term vision scenarios for the project area, guided by the desired outcomes identified in Task 2.1. Scenarios could include different land use and development intensities, key development sites, connectivity improvements, open space plans, streetscape and public space improvements, programmatic and design attributes, infrastructure improvements, preserved or enhanced community anchors, and other physical changes to illustrate the various alternatives and potential concepts for the future of the area. The intent of the scenarios is to enable long-term creative thinking for the plan area around a number of topics, by providing a small number of initial concepts for the community, city staff, elected officials, and other stakeholders to respond to.

The concepts may be feasible under current or potential future market conditions, and may assume varying levels of available subsidy for affordable or mixed-income housing.

The scenario development memo will include supporting maps or graphics for each scenario along with an overview of development potential, land use mix, potential intensities and heights, anticipated growth in residents and/or workers, potential new public spaces and community services, sustainability and health performance, and other performance metrics to support a "fact sheet" for each scenario linked to the desired outcomes process. The team will provide similar example "projects" which best illustrate the types of development for each scenario. The memo will illustrate the various levels of development outlined in the scenarios, with commensurate infrastructure and streetscape enhancements.

The PDA Profile Report, Community Involvement Strategy, Market Demand Analysis and Scenario Analysis will be presented at community workshops to garner initial feedback. Following public input and based on the findings of the Analysis, a Preferred (Development) Alternative will be identified.

Task 2.3: Feasibility Testing. The design and economic consultants will collaborate on an analysis to test the feasibility of up to three development options on identified opportunity sites under current or potential future market conditions. The team will create detailed development project prototypes - including building characteristics such as square feet, parking spaces, parking format, leasable area, gross development area, etc. Based on these prototypes, the economic consultant will conduct a pro Deliverables
Desired
Outcomes
Memo
Scenario Analysis
Memo
Preferred
Alternative
Development
Feasibility
Analysis

2. Visioning and Alternatives
forma financial analysis and estimate construction costs and attainable revenues taking into account variations in costs, rents and subsidies associated with market and partially or fully affordable housing projects. These estimates will be partly based on follow-up with developers interviewed during the Market Demand Analysis. A static financial model will be used to compare costs and capitalized project revenues in order to test sensitivity to variables such as building heights, density, inclusion of affordable housing, and increasing/decreasing market rents/sales prices. The sensitivity analysis will help clarify whether rents/values would need to increase to create a feasible project, and to understand the likely timeframe within which the tested project(s) would become feasible. The results will also be used to develop strategies and policies for incentivizing housing construction, fulfillment of affordable housing needs, and the potential of various policies to capture value from development projects for the provision of community benefits.

Task 2.4: Photo-simulations, Massing Studies, and/or other Illustrative Graphics. The team will create photo-simulations and massing visuals for the preferred Alternative.

This task will likely occur at the conclusion of the Visioning and Alternatives phase in order to summarize the preferred alternative direction for the community or elected officials. If City and consultant team mutually concur, detailed renderings of preferred plan concepts or designs may alternatively be substituted for or combined with the photo-simulations and massing studies at a level of effort not exceeding that established in the project budget.

Task 2.5: Affordable Housing and Anti-Displacement Strategy. Taking into account the City's Housing Element and the City's Nexus Study prepared in support of citywide affordable housing requirements and in-lieu impact fees, the City will provide a summary of affordable housing and anti-displacement issues and conditions in the City. This will include the following:
• Overview of demographic and housing characteristics which directly impact demand for affordable housing in/near the plan area.
• Summary of residential market conditions (for-sale and rental) compared against affordable sale prices and rental rates for various income levels (very low, low and moderate income), with a table showing the "affordability gap." • Summary of existing programs, policies and regulations in the City that promote/preserve affordable housing and/or discourage displacement. • Brief inventory of housing opportunity sites-both those identified in the City's Housing Element and through analysis of the planning area-including a description of potential site development issues (such as site assembly requirements, lot configuration, environmental contamination, etc.). • Brief inventory of opportunity sites for acquisition and rehabilitation of housing occupied by low and moderate income households at risk of displacement.

Deliverables
I I lu strative
Graphics
Affordable
Housing and
Anti
Displacement
Plan Content

2. Visioning and Alternatives Deliverables
The consultant will develop a strategy to provide existing and future planning area residents with a range of housing options that are affordable to households at all income levels. This will be comprised of proposed plan content in a format that can be directly utilized in the draft specific plan, including but not limited to the following types of direction related to affordable housing and anti-displacement:
• Proposed policies to promote affordable housing and avoid displacing nearby residents and key small businesses (including strategies not directly related to housing preservation, such as economic development programs, engagement, development of community centers and/or services, etc.) • Proposed affordable housing opportunity sites
• Priority housing and small business preservation sites • Over-arching goals
• List of programmatic actions related to affordable housing and anti- displacement
• Identification and differentiation of city-wide, corridor-specific, and site- specific actions that should be incorporated into the Plan. • Identification of potential funding sources available to preserve or add affordable housing and retain key local businesses
• Identification of existing and potential development standards to integrate into the Specific Plan to incentivize affordable housing production and provision of community benefits (e.g. density bonuses, etc).

Plan content provided by the consultant will focus on overcoming obstacles and barriers to providing affordable housing in the PDA area, and addressing the potential for low-income population displacement in and near the plan area.

3. Plan Development Deliverables
Task 3.1 Precise Draft Plan Framework. The consultant will identify a proposed plan Specific Plan outline and structure for the plan, including topics to be addressed for each plan Framework chapter. We will work with City staff and the ABAG/MTC Grant manager (who will act in an advisory role) to refine this framework and ensure it meets city needs before beginning to draft the Preliminary Draft Plan.

Task 3.2: Preliminany Draft Specific Plan Development. The prime consultant will be Preliminary Draft responsible for coordinating all sub-consultant contributions and generating plan Specific Plan content for a Preliminary Draft Specific Plan, reflecting the direction established in Tasks 1 and 2. The team will produce plan content and analysis for draft chapters of a Preliminary Draft Specific Plan, including at the following components at minimum [includes sub-consultant items created in Tasks 3.2.1-3.2.5]:
• Vision and guiding principles;
• Goals and policies for various plan topics;
• Land use plan with description of land uses, overall development potential, and land use policies and regulations;
• Public realm plan, including streetscape, public space and plazas, lighting, and/or landscape and furnishings;
• Identification of opportunity sites and preferred development options, including
• photo-simulations (or other visual graphics under Task 2.4) for key development sites;
• Development standards and design guidelines to facilitate high quality transit- oriented development;
• Transportation plan and policy, including multi-modal street network and standards and access improvements and design standards
• Health and sustainability policies
• Policies to overcome obstacles or constraints to meeting housing needs at all income levels, including statutory, city-wide, and plan-specific standards and incentives;
• Multi-modal parking and access standards and strategies for increased transit use and reduced parking;
• Pedestrian-oriented street improvements and design standards; • Implementation program, including strategies to attract transit-oriented development, measures to remove development constraints, programs and actions to incentivize affordable housing production and provision of community benefits, necessary physical investments in infrastructure and multi-modal transportation, a phasing plan, and additional follow-up actions and public outreach efforts to implement the Specific Plan; and • Financing options for public/private development, necessany infrastructure investments identified in the implementation plan, other public improvements, community benefits, and strategies and timing for pursuing possible federal and state funding sources.

3. Plan Development
As part of Specific Plan preparation, the consultant will create recommendations for amendments to the Zoning Code to implement the Specific Plan. This could include proposed amendments to the Zoning Map such as creating a special zoning or overlay district for the Specific Plan area.

Deliverables
Task 3.2.1: Multi-Modal Access and Connectivity. The transportation consultant will Multi-modal prepare a Multi-Modal Access and Connectivity Plan consistent with the plan vision and Access and preferred alternative. The goal of this task will be to generate content for the Connectivity transportation section of the Specific Plan, and this task will address the following Plan/Memo topics:
• Pedestrian Access and Circulation
• Bicycle Access and Circulation
• Transit Access and Connectivity
• Auto Circulation
• Transportation Demand Management
As part of this task, mobility opportunities and constraints from the PDA profile will be considered and addressed as appropriate. The multimodal access and connectivity plan will identify opportunities to improve conditions through transportation improvements and strategies. The team will focus on updates and changes in conditions that would affect the recommendations from previous efforts, such as changes in VTA Transit service and routing within the study area, or previous pedestrian, bicycle, and transportation planning. The team will complete a quantitative review to identify deficiencies and target areas for pedestrian and bicycle circulation improvements. A qualitative evaluation will also be completed based on community stakeholder input and field visits. The transportation consultant will review and provide comments on the proposed Transportation section of the Preliminary Draft Specific Plan. One (1) round of revisions is assumed.

Task 3.2.2: Pedestrian-friendly Design/Placemaking and Accessible Design Guidelines.

The consultant will produce building, open space, and street design guidelines or standards that focus on pedestrian-oriented design that enhances walkability, pedestrian and bicycle comfort and convenience, and the safety and security of transit riders in and around the planning area. Possible approaches may include pedestrian friendly design guidelines, form based code, street design guidelines and context sensitive solutions. These guidelines will be prepared and presented in conjunction with Task 3.2.1 (Multi-modal Access and Connectivity) above. Graphics and visuals will be essential to and required for the design guidelines. Graphic presentation may include architectural drawings and renderings, massing studies, cross-sectional views, elevation drawings, etc. There will be an emphasis on placemaking and creating places or plazas that are sheltered from El Camino Real, but positively maintain pedestrian experience, comfort, accessibility, and character along El Camino Real through Pedestrian
friendly Design
Standards or
Plan Content
Accessible
Design Memo or
Plan Content

3. Plan Development
appropriate setbacks and frontage design to encourage pedestrian activity. l<ey elements which will be illustrated include:
• Streetscape/sidewalk and other pedestrian improvements • Building frontage and building form requirements
• Commercial and residential frontage along major corridors • Pedestrian and bicycle improvement requirements/projects • Open space concepts for improvements such as small publically accessible plazas or seating areas
• Building massing and transition requirements from corridor frontage parcels to neighborhood homes
• Parking form and design, including guidance on the appropriate site location, frontage and fa~ade, access, and suitability of surface, structured, or below grade parking for different development types and intensities, as well as potential future adaptation to non-parking uses
The Consultant will also create an accessibil.ity design plan for people with disabilities and the elderly that ensure fully accessible transit stations, accessible paths between transit and surrounding areas, and visitable and habitable housing units adjacent to applicable transit stations and in the planning area, where feasible. Visitable means a dwelling unit where a person with a disability can visit with an accessible restroom.

Habitable means a dwelling unit where a person with a disability can live with an accessible bedroom. VMWP will work with others to prioritize projects for accessibility impact to the project area; so that as projects are implemented the accessibility features are raised as a top priority.

Draft content including the Plan Framework, Land Use Plan, Multi-Modal and Connectivity Plan, Pedestrian-friendly Design Standards, and Accessible Design strategies will be presented at the TAC and CAC meetings.

Task 3.2.3: Parking Analysis. The transportation consultant will complete a parking demand and management analysis, consistent with the plan vision and preferred alternative, to establish the cumulative parking demand and to identify demand management strategies to support implementation of the preferred plan. The goal of this analysis and memo will be to generate policy and implementation content for the Specific Plan.

For key areas within the preferred land use plan, the team will complete a shared parking analysis by time of day to identify the peak parking demand. The analysis will utilize ULI and ITE methodologies, recent parking utilization studies in Santa Clara County, and incorporate existing city data. The demand analysis will also account for special conditions in the study area, such as the potential for spillover parking into adjacent residential areas. The parking analysis will quantify the expected demand reduction associated with transit service levels and the proposed mix of uses, and will Deliverables
Parking Analysis
Plan/Memo

3. Plan Development
provide a high-level analysis of potential reductions in demand from increased use of rideshare and reduced auto ownership among growing segments of the population.

The resulting demand will also be compared to other TOD analyses in the region to ensure reasonableness of results. This analysis will be used to develop recommended changes to the City's adopted parking standards, including shared parking considerations.

In conjunction with the parking demand analysis, the team will also develop a parking management plan in support of the preferred land use program. The plan will include strategies to manage the overall impacts of parking by addressing its location (for example, through structured parking, reconfigured parking areas), time of day utilization (through differential pricing and permit programs), and overall utilization (through shifts to walking, bicycling, transit and rideshare). The parking management plan will be developed in coordination with existing local and regional programs sponsored by the MTC and the City. The parking management plan recommendations will be coordinated with the multimodal access and connectivity recommendations to ensure an integrated transportation system for the station area.

The transportation consultant will summarize the parking demand analysis and parking management plan in a technical memo with supporting tables and graphics. One (1) round of revisions is assumed.

Task 3.2.4: Infrastructure Development and Budget. The infrastructure consultant will use the data compiled in Task 1.5 and large-scale, planning-level calculations to develop an assessment of the capacity of the existing major infrastructure to serve the existing land use. The infrastructure assessment will include drainage, energy, water, sewer, and dry utilities. The same planning-level methodology will then be used to provide an assessment and identify specific deficiencies of the existing major infrastructure for the purpose of serving the selected land use alternative in the Specific Plan. Significant deficiencies will be identified, followed by an assessment of potential demand reduction through water strategies, and then planning-level design of the improvements necessary to serve the proposed land use will be developed. A primary focus of infrastructure guidance will be the ability to install trees and remove public utility conflicts. Plan content will also be consistent with current C3 (Green Stormwater Infrastructure) requirements and the City's Green Sustainability Infrastructure framework, and provide stormwater-related policy guidance and implementation actions relevant to the plan area.

The transportation memo developed in Task 1.3 and the results of the Access and Connectivity Plan developed in Task 3.2 will be used to identify major street and roadway improvements required for the selected Specific Plan alternative. These preliminary designs will then be used to develop planning-level cost estimates for the Specific Plan alternative. The unit costs will be based on available local construction Deliverables
Infrastructure
Development
and Budget
Memo

3. Plan Development Deliverables
bids, and quantities will be based on the planning-level design.

Task 3.2.5: Implementation Plan and Financing Strategy. The team will create a strategy Implementation that identifies actions to implement the El Camino Real Specific Plan vision and goals. Plan and This strategy will describe phasing of capital investments and programmatic actions, Financing and will disaggregate capital costs into increments that correspond to potential Strategy funding/financing sources. The consultant team will work together to identify physical improvements needed, along with infrastructure improvements identified in Task 3.2.

The strategy will be tailored to attract transit-oriented development, remove development constraints, and accommodate availability of funding sources. The final product for this implementation strategy will include two parts. The first part will be a narrative explanation of the costs by item or action, the timing/phasing of the investments based on likely market timing, and an explanation of all funding/financing sources that could be deployed to meet the costs for each item. The second part will be a summary matrix showing this same information by item or action, phasing, likely funding/financing source(s), and responsible departments/agencies.

Consultant will integrate content into a completed Implementation section of the Specific Plan, which will include a list of measurable actions to implement goals of the Specific Plan. This may include recommendations for needed amendments to the zoning code or General Plan that are necessitated by the Specific Plan.

Task 3.3 Public Review of Draft Specific Plan. Based on CAC and TAC input, the Draft Specific consultant will prepare a Public Review Draft Specific Plan and circulate for formal Plan public review and comment. During the public review period, City staff and CAC members will also conduct active public outreach by presenting the Draft Specific Plan to targeted stakeholders that may include homeowner associations, and Chamber of Commerce to solicit comments. A community workshop will also be conducted by the Consultant team on the Public Review Draft to receive public input. A CAC meeting will be held to receive the CAC's formal and final recommendations on the aft Specific Plan and General Plan and/or Zoning Code Amendments. The Planning Commission will conduct a public hearing and forward a recommendation to the City Council on the Draft Specific Plan (including recommendations for Zoning Code and/or General Plan amendments).

Task 3.4 Final Draft. The City Council will hold a public hearing to adopt the Final Final Specific Specific Plan and final General Plan and/or Zoning Code amendments. The Consultant Plan as adopted team will then prepare the Final Specific Plan (including recommendations for General by City Council Plan and/or Zoning Code amendments). This task also includes the Consultant team assisting City staff in initiating other elements of the implementation program as outlined in the adopted Specific Plan.

4. CEQA Analysis
Task 4.1 Define Project and Prepare Ad min Draft EIR. The environmental consultant will be responsible for preparing and completing the environmental impact report (EIR) to evaluate the environmental effects of implementation of the Specific Plan under CEQA. For cost-savings and efficiency purposes, the environmental consultant will make use of existing environmental documentation (e.g., technical studies, City and regional plans, policies and technical reports, recent CEQA documents prepared for other projects and programs in the area, including the General Plan EIR, if available, etc.).

A key goal of the Specific Plan and EIR will be to provide a solid and thorough basis for CEQA streamlining of subsequent projects in the plan area under the provisions of new Guidelines Section 15183.3, Streamlining for Infill Projects, California Public Resources Code 21155.1-4, and any new streamlining provisions adopted in advance of the preparation of the Draft EIR. Another is to document and disclose as appropriate the potentially beneficial impacts of transit-oriented development, both from an environmental impact perspective and in terms of consistency and furtherance of local and regional goals related to vehicle miles traveled and the transit/land use/emissions connection. In addition, the EIR scoping process, existing conditions inventory, and environmental analysis will inform the land use concept and Specific Plan policies so that the plan can be designed to "pre-mitigate" potential impacts related to the drainage and floodplain, among others resource issues. The EIR work program will include the following key tasks:
• Data review and preparation of existing conditions. This task will include compiling data sources and identifying and describing existing environmental conditions. These investigations will inform the scoping discussions and form the basis of the Environmental Settings chapters of the EIR. • Describe the project. The project description will summarize the Specific Plan and associated actions, focusing in detail on aspects that would affect the physical environment. Textual, tabular, and graphic presentation will be included as necessary to facilitate a thorough understanding of the proposed plan and its potential implementation.
• Assess EIR Scoping Topics with City staff. The environmental consultant will coordinate with City staff to obtain initial guidan·ce and information to kick-off the scoping analysis and process. • Notice of Preparation and Scoping Meeting. Upon City approval of the Initial Study, The environmental consultant will prepare a Notice of Preparation (NOP) for City review. Deliverables are one draft and one final NOP. The environmental consultant will assist with development of a distribution list and will assist with distribution to the-County Clerk and State Clearinghouse, if requested. During the 30-day NOP review period, the environmental consultant will facilitate an EIR Scoping Meeting as part of a Planning Commission meeting. The environmental consultant will provide written and visual materials, including sign-in sheets, comment sheets, and a PowerPoint presentation. Information for the staff report regarding the scoping meeting will be provided, if requested
• Technical Studies. Technical studies to be prepared as a part of the CEQA review include: Vehicle Miles Travelled (Powers, with data provided by MTC and OPR), Cultural Resources Archival Records Search (Albion), limited historic resources review (Carey & Company), air quality and greenhouse gas emissions (Illingworth & Rodkin, Inc.), and a screening level Phase I for historic and current uses that have or could cause soil or groundwater contamination (Cornerstone Earthgroup). The EIR will also incorporate technical information from the Infrastructure Memo (Task 1.3.4) and transportation analysis (Task 4.2). Technical studies are shown as expenses in the project budget. • Administrative Draft EIR. The Administrative Draft EIR will include a summary, introduction, project description, a discussion of environmental issues, impacts, and mitigation measures, discussions of

4. CEQA Analysis
cumulative impacts, project alternatives, and other sections required by the CEQA Guidelines.

Each environmental issue addressed in the EIR will have four main subsections: 1) setting, 2) impact analysis, 3) mitigations, and 4) level of significance after mitigation. The settings will be based on existing data sources (e.g., General Plan noise contour maps, regional transit access and forecast Vehicle Miles Travelled) to the extent feasible, as well as site visits, and other site-specific work. Where possible, impacts will be quantified; otherwise, reasoned and supported assumptions and observations will be used to qualitatively forecast potential project and cumulative impacts.

Mitigation measures may include a range of design measures and policies or programs as developed by City staff and the Consultant team. All mitigation measures will be presented in wording that can be incorporated into the Specific Plan and/or conditions of approval for individual projects within the Specific Plan area. In the Alternatives section, up to three alternatives, including the "no project" alternative, will be examined in the EIR. Evaluation of alternatives will be in less detail than for the proposed project, though the analysis will provide decision-makers and the public adequate information to decide between alternatives. This section will also identify the "environmentally superior alternative." Other CEQA- discussions required by the CEQA Guidelines, including growth-inducing impacts, significant unavoidable impacts, references, and a listing of significant irreversible changes, will be included in the Administrative Draft EIR. Deliverables are four print copies and one electronic version of an Administrative Draft and a Screencheck Draft EIR. • Public Meetings. The environmental consultant will attend and present the draft and final EIR at Planning Commission and City Council EIR comment and adoption hearings (up to four total).

Task 4.2 Public Draft EIR. This task involves the production, editorial work, and communication processes anticipated to produce the Draft EIR for public review and comment. Preparation of the Draft EIR assumes preparation of one administrative draft and one revised version. The environmental consultant will be responsible for drafting a Notice of Completion/Notice of Availability and circulating the Draft EIR to the State Clearinghouse. The City of Santa Clara will be responsible for all other noticing (e.g., property owners; notice in newspaper of record). Deliverables are one draft and one final Notice of Completion, 20 print copies of the Draft El R, 15 copies on CD and an Executive Summary for use by the State Clearinghouse, and one electronic version of the Draft EIR.

Task4.3 Final EIR, Mitigation Monitoring and Reporting. Final EIR MMRP and Notice of Determination. This task includes preparation of a Final EIR consisting of revisions to the Draft EIR (as necessary), list of individuals and agencies commenting on the Draft EIR, responses to comments received on the Draft EIR, copies of comments received) and a Mitigation Monitoring and Reporting Program. In addition, a draft Notice of Determination (NOD) will be submitted for City review prior to the City Council hearing on the Specific Plan. Deliverables are one Administrative Final and one Final EIR, up to 25 print copies of the Final EIR, and one draft and final revised copy of the NOD. Environmental consultant will assist the City with preparation of Facts required to support Findings and a Statement of Overriding Considerations, if necessary.

4. CEQA Analysis
Task 4.4: Transportation Impact Analysis. Fehr & Peers will prepare a Transportation Impact Analysis (TIA) for use in the Program Level EIR. The work conducted in this task will build on analysis and work completed in previous tasks. The TIA will address potential impacts to transit service, bicycle activity, pedestrian activity, and vehicle traffic.

Fehr & Peers will compile and review the available background documents relevant to the study area, and will meet with City staff to finalize the project work plan. Fehr and Peers will collect the following information for transportation facilities within the project area:
• Motor Vehicle Traffic: Fehr & Peers will report existing conditions data for VTA Congestion Management Program intersections along the corridor based on data from other published studies.
• Transit, Pedestrian and Bicycle Conditions: Fehr & Peers will also describe existing transit service, bicycle conditions and pedestrian conditions in the vicinity of the corridor. Fehr and Pes will evaluate how the proposed project will affect conditions for transit service, bicycle conditions and pedestrian conditions.

Fehr & Peers will conduct a LOS analysis for up to eight (8) intersections on the El Camino Real corridor that are included as part of VT A's Congestion Management Program as well as for 15 roadway or freeway segments. The LOS analysis will be performed during the weekday morning (AM) and evening (PM) peak hours for the scenarios shown below.

Scenario 1: Existing Conditions - Existing volumes obtained from counts representing peak traffic conditions during the morning and evening commute periods.

Scenario 2:

Scenario 3:

Scenario 4:

Scenario 5:

Background Conditions - Existing volumes plus traffic from approved but not yet constructed and unoccupied developments in the area.

Background Plus Project Conditions - Background volumes from Scenario 3 plus project traffic.

Cumulative No Project Conditions - Existing volumes plus traffic from pending developments in the area. Fehr & Peers will use VTA's model refined for the proposed City Place Project.

Cumulative Plus Project Conditions - Scenario 3 volumes plus traffic generated by the Project.

It is assumed that new intersection turning movement volumes would be required at up to four (4) study intersections. This task includes the evaluation of transit delay along El Camino Real between Lawrence Expressway and Lafayette Street, left-turn queue analysis using TRAFFIX for five movements, and a bike/pedestrian quality of service analysis at each intersection with proposed mitigation measures.

5. Meetings and Community Engagement

5. Meetings and Community Engagement
Anticipated meetings and outreach activities are as follows. City staff will be responsible for any staff reports necessary, with support and review if needed from the Consultant. The consultant will prepare, in coordination with City staff, any visual (such as Powerpoint presentations) or written materials and handouts for the meetings below when applicable. City staff will be responsible for any meeting logistics, noticing, publicizing, and communication with meeting attendees. City staff will also be responsible for any internal coordination and strategy related to the City's approach to community engagement, and for providing that input to the consultant to guide engagement efforts for the project. Material may be drawn from deliverables created in other tasks.
• Task 5.1: Community Involvement Strategy. At the beginning of the planning process, and with input from staff and the CAC, the prime consultant will prepare a community involvement strategy outlining key steps of the process and identifying stakeholders who should be involved. The team will work closely with City staff to identify residents, business, property owners, relevant public agencies, community groups, neighborhood associations, nonprofits, and faith-based organizations for outreach. The strategy will include special attention to involve community groups and minority, low income, youth, renter and non-English speaking residents and business owners within or near the planning area. As part of the community involvement strategy, consultant will identify strategies to partner with and engage local community stakeholders and organizations. This includes a clarification of formats of public meetings such as town halls, workshops, and open houses, and direct engagement such as pop-up workshops, focus groups, or interviews which the Consultant intends to use, and anticipated schedule of when various engagement activities would occur. The strategy will also include a description of the outreach materials that may be used such as social media, fact sheets, posters, maps, surveys, photo-simulations, visual massing studies, local media contacts, online surveys, etc. To ensure meaningful engagement opportunities across the Plan area's population, the strategy will identify translation services required at the engagement activities defined in this task-using the demographic data in the PDA profile to understand level of need by specific language.
• Task 5.2: Technical Advisony Committee (TAC). Consultant will advise City staff to determine which relevant public agencies or stakeholders shall serve on the TAC. City staff will take the lead in establishing and coordinating the TAC, identifying specific members, and reaching out to potential members. The focus of the TAC will be to provide technical feedback at key moments in the project and, where feasible and requested by City staff, to provide data and other resources to supplement the work included in this scope. The flow of meetings between the TAC and CAC and the deliverables discussed will be parallel and may happen sequentially or concurrently, though the topical focus and level of technical discussion will likely differ between the TAC and CAC. There will be 4 TAC meetings as follows:
o Meeting 1: Project overview/input that may include Community Involvement Strategy, PDA Profile, Market Demand Analysis, Affordable Housing and Displacement Strategy. o Meeting 2: Review of potential plan scenarios (created in Task 2.2) and input on preferred direction.
o Meeting 3: Review of and input on preferred alternative, plan framework, and/or Draft Plan, which may include land use, multi-modal connectivity, pedestrian-friendly design standards, and accessible design strategies as necessary.
o Meeting 4: Review of public draft or adoption draft plan, and input on any refinements or additional details necessary. This may also include review of public comments on the Draft

5. Meetings and Community Engagement
Plan.
• Task 5.3 Community Advisory Committee (CAC). Consultant will advise City staff on creating a CAC including the make-up of and the process for selecting a broad-ranging group of local stakeholders to serve on the CAC. City staff will take the lead in establishing and coordinating the CAC, identifying specific members, and reaching out to potential members. The focus of the CAC will be to provide a focused community stakeholder perspective at key moments in the project. There will be 4 CAC meetings as follows.
o Meeting 1: Project overview/input that may include Community Involvement Strategy, PDA Profile, Alternatives, Market Demand Analysis, Affordable Housing and Displacement Strategy. The format of this meeting may be a walking tour of the corridor (or segments of the corridor), during which CAC members and other participants could help identify community assets, anchors and challenges to address in the Alternatives. o Meeting 2: Review of potential plan scenarios (created in Task 2.2) and input on preferred direction.
o Meeting 3: Review of and input on preferred alternative, plan framework, and/or Draft Plan, which may include land use, multi-modal connectivity, pedestrian-friendly design standards, and accessible design strategies as necessary.
o Meeting 4: Review of public draft or adoption draft plan, and input on any refinements or additional details necessary. This may also include review of public comments on the Draft Plan.
• Task 5.4 Planning Commission. There will be three (3) Planning Commission meetings for the Consultant to attend: 1) Project overview/input. 2) Alternatives and preferred alternative, and 3) Adoption hearing.
• Task 5.5 City Council. There will be three (3) City Council meetings for the Consultant to attend, occurring shortly after and in parallel with Planning Commission meetings on the same topics: 1) Project overview/input; 2) Alternatives and preferred direction; 3) Adoption hearing. • Task 5.6 Community Workshops. There will be three (3) community workshops: 1) to introduce community members to the project, gather input to shape the project outcomes and scenarios through interactive activities, and to present the PDA Profile Report, Community Involvement Strategy, and any other background research as determined by city staff and consultant, 2) to review and receive feedback on the alternatives and strategies to shape the draft Specific Plan; and 3) to review the public draft Specific Plan. The sequencing of these workshops is described in the scope above. The City will provide noticing and outreach for all community workshops. To the extent feasible, the workshop should take place within the plan area. Translation services should be provided as identified in Task 5.1, as well as childcare if determined necessary and feasible. • Task 5.7 Stakeholder Meetings and Focus Groups. The team will conduct up to 12 stakeholder meetings per the Community Involvement Strategy with local residents, business owners, advocacy groups, renters, property owners, VTA, CalTrans, elected officials, or others with a unique interest in the area. As part of this effort, the Consultant team will organize a developers' focus group to solicit their perspective on the market, their understanding of why projects have or have not moved forward previously, and what the key development parameters are that would unlock the development potential within the area.
• Task 5.8 Regular Meetings/Conference Calls with Staff. The consultant will budget for regular check in calls with City staff and the MTC/ABAG grant manager, and regular working meetings with relevant City staff at key junctures.

5. Meetings and Community Engagement
• Task 5.9 Direct Engagement Activities. To reach Plan area residents, businesses, and visitors unable or unlikely to attend formal public meetings, the consultant team will conduct up to 6 direct engagement activities such as pop-up events, walk audits, tabling at events, on-site design work with community members, and attendance at public gatherings. These events could take place at similar junctures in the planning process as Community Meetings 1-3. The consultant may also supplement formal and direct engagement with web-based engagement through the provision of plan maps in an online format using an existing platform such as Google maps that enables users to control map display or layers for view, or other activities as feasible within the project budget. • Task 5.9 Project Website. The Consultant will provide content and information at key junctures for a project web page hosted on the City's website. The website may include web-based activities identified in Task 5.9 as feasible within the project budget. (Optional Task): Develop VMT Estimates. As an optional task outside of this scope and budget, in addition to the VMT analysis required for GHG air quality analysis, if decided by the City of Santa Clara, Fehr & Peers will develop VMT estimates for Existing and a Cumulative No Project scenario. VMT for Cumulative No Project Conditions will be obtained from the City Place version of the VT A's travel demand model. The City Place version of the VTA travel demand model has been validated and calibrated to local conditions and represent the most current model suitable for developing travel forecasts in the City. Fehr & Peers will adjust the VMT developed in the Cumulative No Project scenario to account for improvements to circulation and transportation demand management strategies from the Project. (Optional Task): Identify Significant Impacts, Recommend Mitigation Measures, and TIA Documentation.

As an additional optional task, VMT results of the Project can be compared to the results No Project scenarios to identify potential VMT impacts. The VMT results of the Project will be compared to the results No Project scenarios to identify potential VMT impacts. Significant transportation impacts will be identified based on the City of Santa Clara's impact criteria and in keeping with current state of the practice. If significant impacts are identified, Fehr & Peers will recommend feasible mitigation measures, such as TDM strategies and other innovative methods. The effect of the project on transit, bicycle, and pedestrian facilities will be evaluated in terms of conflicts with existing or planned facilities or creation of hazardous conditions for bicyclists or pedestrians. Similarly, we will ensure efficient linkages with existing and potential future transit, bicycle and pedestrian facilities. We will present specific mitigation measures that ensure adequate pedestrian, bicycle, transit, and automobile circulation within the project site and integration with the area's existing facilities.

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

EXHIBITB

FEE SCHEDULE
The total payment to the Contractor for Basic Services shall not exceed $749,994.00. The amount billed to City for Additional Services shall not exceed the sum of$159,989. In no event shall the amount billed to City by Contractor for services under this Agreement exceed nine hundred ten thousand dollars ($910,000.00), subject to budget appropriations.

Agreement with Raimi & Associates, Inc./Fee Schedule/Exhibit B Rev. 09/12/17
Page I of2
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AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

EXHIBITC

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or un1brella 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.

Agreement with Rairni & Associates, Inc./Insurance Requirements/Exhibit C Rev. 09/12/17

Page 1 of 4 ends

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability coverage at least as broad as ISO form CA 00 0 I with 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 (if any), non-owned and hired autos.

C. WORKERS' COMPENSATION
I. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 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 msurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such cancellation. In the event of Agreement with Raiini & Associates, Inc./Insurance Requirements/Exhibit C Rev. 09/12/17

Page 2 of 4 ends

non-renewal, written notice shall be given at least ten (I 0) 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 reduction 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 reduction or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the conunercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

I. 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.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor ( of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement with Raimi & Associates, Inc./Insurance Requirements/Exhibit C Rev. 09/12/17

Page 3 of 4 ends

Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance ( or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution ofthis Agreement. Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements.

Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara Planning Division
P.O. Box 100085 - S2 or I Ebix Way
Duluth, GA 30096
Telephone number:

Fax number:

Email address:

H. QUALIFYING INSURERS
John's Creek, GA 30097
951-766-2280
770-325-0409
[email protected]
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 Raimi & Associates, Inc./Insurance Requirements/Exhibit C Rev. 09/12/17

Page 4 of 4 ends

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

EXHIBITD

ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN

AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts.

A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:

1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (I) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or malces) any false statement(s) or representation(s) with respect to this Agreement.

For purposes of this Agreement, the word "Consultant" (whether a person or a legal entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea ofnolo contendere within the past five (5) years.

As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.

Agreement with Raimi & Associates, Inc./Ethical Standards for Contractors/Exhibit D Rev. 09/12/17

Page 1 ends

2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the Contractor, with the Contractor's knowledge, approval or acquiescence, the Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.

B. The City may also terminate this Agreement in the event any one or more of the following occurs:

I. The City determines that Contractor no longer has the financial capability 4 or business experience 5 to perform the terms of, or operate under, this Agreement; or,

2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, Contractor's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.

C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City's action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.

The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (I 1 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.

Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.

Agreement with Rairni & Associates, lnc./Ethical Standards for Contractors/Exhibit D Rev. 09/12/17

Page 2 ends

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

EXHIBITE

AFFIDAVIT OF COMPLIANCE WITH ETIDCAL STANDARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.

Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five ( 5) years.

The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.

RAIMI & ASSOCIATES, INC.
a California corporation
By: ~}?\/\--
Signature of Authorized Person or Representative
Name: )jotl{ew D. 'Ro.iv1-'1'
Title: 'fr~-1 t·c.L vi t- t e..EO

NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, partnership, or other legal entity , the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.

Agreement with Raimi & Associates, Inc./ Affidavit of Compliance/Exhibit E Rev. 09/12/17
Page I ofl

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
State of California
Alameda County of ___________ _
On beforem~. ____ I_n_d_e_r_P_a~l_··_S_in_g_h.c..,····~::(_N~o-t~a~r-y_P_u_b_h_·c_) ___ _ (Herc insert 11.ame .and•lillc.oflhc officer.I
personally appeared _._Jt\i--,_C1:_c_:_i1}1,_,· _(:J,,J-:_ _ __.,,j)C,c•_.i..&c='-'tvrl'--'-'1_ 1 ___________________ _
who proved .to me on the basis of satisfactory evidence to be the personefwhose namejsj"is/~ubscribed to the within instrument and acknowledged to me tha( he/;J.ie{ttrey executed the same in his/.herlttrei'r autl.10rized capacity~nd that by his/her/their s1gnatur~ the instrument th~ perso<Mor th~ entity upon behalf of which the perso,~ted, executed.the instrument. .

I certify under PENAL TY OF· PERJURY under the laws of the State of California that the foregoing paragraph . is true and Coi-.recL

WITNESS
(Ncn.ary Sea!)

ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OPE ATTAClffD DOCUMENT
(Tiilc or <lcscrirtion of auadtcd document c~iicinUt:dJ Number of Pages~ Documenl Dale~
(/\dt.!icioi1al i11fonnali(u1)

CAPACITY CLAIMED BY THE SIGNER
0 Individual {s) ·
D CorpOr~!e Officer
rritk)
0 Partne:r(s)
D Attorney-in Fact
D Trustc-e(s)
D Olhu

INSTRUCTIONS FOR COMPLETING THIS FORM
A11_r ack11owledgme11r co111pie1ed i11 California 11111sr ccmtain l'erbfage c:xact!r as appears abo,·e in £he 11otm3· .'r:e.cti(111 oc a separa/1'. ackno,decfg,,u,1/f for111 must bc fWOped;- C(lltipletul af!d ariadl(:d lo tfwr docw111!r1r. The 011Z1· exce.priafl is {i. a docum,:t1t is.to be recorded oufaide (ifCalifl1nria. /tr such iusumce.~. u11_r alr,:rr1a:·{1·c uck,wwfedgme:11t rerbiuge· as ma_!" be primed -on .nic/1 a ·doCl!llfr!:ft( s~1 lotrg as t!rl! _n~rbi.--1g,: does not niqc<ii-,:. f/,e rw(Ut'}" w . .d_o S<;1iu~tf1i11g-tlr"<1t is i(fegaf_Tar <1 'm•l<riy i11 Califamia (i.e. artifyi11g· tire lmtfiori::ecf c'apal:i(r of tftc ·:,ig11c1--J. P/e(irt' ·,_-!u!~k th,:
doci//i1c"I can:fu/~1-fnrfwoper 11otar{af irardi11g wui aifac/1 (!,isfiir111 {f '.·,:qui,c-!cf.. ;-, ~late ;ind County information mu$! be the _State an~ County whcrc i~1e Cocumclll ~er(s\ per:<.ona!!y arpcared before: !lie no·tary publcc for ;icknowlt:dgmc.i(. .Date (l/" r1o(arii.alion rnus( t>c tht.· date 1h.1l lhc sig_ncr(·s) r,crsonc1l[y -appc<in:d which iuusl als<1 b<:: the s,imc date !he aclcnowlcdgmcnl is compk{cd.

The notary pub!ic ruust rri111 his M her name :is it-;,ppe.irs within his 0r hcr- con1mlssio11 fo!l{lwcd by a comma and l11cn your litk (not.if)' public). · l'rint tl1c n;uuc(s) of clnt:ument signcr(s) who rcrsonaHy app~<tr <H the time {1r nolari~;i{ion.

Indicate the correct siugu!ar or plum! forms b)' crossing off incorrect forms (i.c-. ~/shc:/!-he'.)<:- is /ar--e) or circling the correct forms. Failure: co correctly in<lic;ilc this information may lead to rejecli':ln of docwnenl recording.

The n<>lary seal impression must he cle:ar ,ind plwtogr-arllica!Jy rcpro<lucihk Impassion mus( noc ct>vcr tot or Jines lf_sc.:il impression ,.rnudgcs. re-seal i(-a sufficient JfCJ rxr111i(s. (>lflcrwi$c contplclc _zi difkrcnl ,1c\..:nowlcdg.mc111 /(\rm Sig11a1ur,: or ll1c no{ary public must match ch,: signaiurc (Hl (lie- \\"ith' !lie office or the: c,,w11i· clerk
Addition;!! i11fonnation is not required but could heir (o cnsL.m:: this acknuwkdg111c11\ is n01 misused or actc1chcd to J diffcreri\ document Jodie.He titk or type or auaclied docun1cm. nun,tic:r or pages ;u1J datc lnd,uHc the capacliy cl;.ii,ncd l;-iy tht signer. If the clai111ed c;ipaci1y ,-:; ;_i corror.:itc officer. ,ndic.nc the title: ( i c CEO. (TO. SccrcUciry) Sc-curd: Jrtacl1 cJ1Js docum~n! l(• l/1c s;gncd docu111cn( ./
I
I
l

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

EXHIBITF

MILESTONE SCHEDULE
( attached on next page)
Agreement with Raimi & Associates, Inc./Milestone Schedule/Exhibit F Rev. 09/12/17

Page 1 ends

Exhibit F. Milestone Schedule

1. Background Analysis Estimated Completion
Task 1.1 Project Initiation Meeting October 2017
I
Task 1.2 Data Collection and Base Maps October 2017
Task 1.3 PDA Profile November 2017
Task 1.4: Affordable Housing and Anti-Displacement Strategy December 2017

2. Visioning and Alternatives
Task 2.1 Desired Outcomes Jancary 2018
Task 2.2: Scenario Development and Analysis ! l\pril 2018 Task 2.3: Feasibility Testing JJne 2018
Task 2.4: Illustrative Graphics February 2019
! Task 3.1 Precise Draft Plan Framework July 2C18
Task 3.2: Preliminary Draft Precise Plan Development October 2018 Task 3.3 Public Review Draft TOD Plan February 2019
Task 3.4 Final Draft Apri' 2019

4. CEQA Analysis
Task 4.1 CEQA Review Jure 2019
Task4.2 EIR Transportation and Traffic Analysis : January 2019 i
[ 5. Meetings and Community Engagement !
Task 5.1: Community Involvement Strategy October 2017
Task 5.2 Technical Advisory Committee (TAC) Ongoirg
· Task 5.3 Community Advisory Committee (CAC) Ongoi1g
Task 5.4 Planning Commission Ongoing
Task 5.5 City Council Ongoing
Task 5.6 Community Workshops l Ongoing
I
: Task 5.7 Stakeholder Meetings or Focus Groups Orgoing Task 5.8 Developer Focus Groups Ongoing
Task 5.9 Regular Meetings/Conference Calls with Staff Ongoing Ebix Insurance No. S200003708
AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Raimi & Associates, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually, as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services", dated October 13, 2017 (the "original Agreement"); and
B. The Parties entered into the original Agreement for the purpose of having Contractor provide consultant services to prepare the El Camino Precise Plan, and the Parties now wish to amend the Original Agreement to extend the term of the Agreement.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. That Section 5 of the original Agreement, entitled "Term of Agreement" is hereby amended to read as follows:

2. That the Cost Proposal included under Exhibit B, entitled "Fee Schedule," is hereby appended to include billing rates for 2020 as described in the attached "Addendum to Exhibit B - Fee Schedule."
This rate adjustment does not alter the original Agreement's not-to-exceed amount of $910,000.00 which is comprised of $749,994.00 for Basic Services and $159,989 for Additional Services.

Amendment No. 1 to Agreement/Raimi & Associates
Rev. 08/28/2018

Page 1 ends

3. All other terms of the original Agreement which are not in conflict with the provisions of this Amendment No. 1 shall remain unchanged in full force and effect. In case of a conflict in the terms of the original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

1. 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 Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA,. CALIFORNIA
a chartered California municipal corporation
Dated: / -'f ,..,20J,.o ---'~-----------
"CITY"
oEAJ. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
RAIMI & ASSOCIATES, INC.
a Califoria corporation
Dated: /J-7-1-J q
By (Signature): /(/\._ Vk:::::=::'
Name: Matthew D. Raimi
Title: President + CEO
Principal Place of 1900 Addison Street, Suite 200
Business Address: Berkley, CA 94704
Email Address: [email protected]
Telephone: (510) 666-1010
Fax: N/A
"CONTRACTOR"
l:\PLANNING\Admin\Contracts\Ralmi & Associates\Amendment No. 1\Amendment No. 1 - Form.doc Amendment No. 1 to AgreemenU*insert Contractor's name
Rev. 08/28/2018

Page 2 ends

ADDENDUM TO

EXHIBIT B - FEE SCHEDULE

COST PROPOSAL
Effective January 1, 2020, the Consultant shall invoice the City using the following Federal Rate Schedule for the El Camino Real Specific Plan:

Labor Position
Principal
Associate Principal
Senior Associate
Associate
Senior Planner/ Designer/
Researcher
Intermediate Planner/Designer
Planner/Designer/Researcher
Clerical/Intern
Billing
Reimbursable Expenses
General Office Expenses
Sub-consultant Management
Travel mileage
· Travel - Airfare, Hotel, Meals
Printing (in-house)
11x17 Color

8.5x11 Color
11x17 BM/

8.5x11 BM/
Binding
Large Format Printing/Plotting
Large Volume Print Jobs
(eg, final reports)
2020 Federal Billing Rates
$285/hour
$249/hour
$173/hour
$165/hour
$142/hour
$129/hour
$123/hour
$88/hour
$165/hour
Billed at 3%
of labor
7%
$0.575/mile or current IRS rate
At Cost
$1.00/ea
$0.50/ea
$0.20/ea
$0.10/ea
$2.50 per document (8.5x11)
or at cost from vendor
at cost from vendor
at cost from vendor
The total payment to the Consultant for Basic Services shall not exceed $749,994.00.

The amount billed to City for Additional Services shall not exceed the sum of $159,989.00. In no event shall the amount billed to City by Consultant for services under this Agreement exceed nine hundred ten thousand dollars ($910,000.00), subject to budget appropriations.

Agreement with Raimi & Associates, lnc./Exhibit 8 Fee Schedule Addendum Rev. 09-28-18

Page 1 ends

Ebix Insurance No. S200003708
AMENDMENT NO. 2

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
RAIMI & ASSOCIATES, INC.

PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Raimi & Associates, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services", dated October 13, 2017 (the "Original Agreement"); B. The Agreement was previously amended by Amendment No. 1, dated January 9, 2020, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Original Agreement for the purpose of having Contractor provide consultant services to prepare the El Camino Precise Plan, and the Parties now wish to amend the Agreement as Amended to extend the ·term of the Agreement.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AMENDMENT TERMS AND CONDITIONS
That Section 5 of the Original Agreement, entitled "Term of Agreement" is hereby amended to read as follows:

Amendment No. 1 to AgreemenVRaimi & Associates
Rav. 08/28/2018

Page 1 ends

2. TERMS
J
All other terms of the Agreement as Amended which are not in conflict with the provisions of this Amendment No. 2 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control. 3, 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 Amendment No. 2 as evidenced by the following signatures of their duly authorized representat_ives. · BRIAN DOYLE
City Attorney

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

V DEANNJ ANTANA
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
RAIMI & ASSOCIATES, INC.
a Califoria c_orporation
Dated: -1:.J.t-Z,OW
By (Signature): k(?;. t2 V�
Name: Matthew D. Raimi
Title: President + CEO
Principal Place of 1900 Addison Street, Suite 200
Business Address: Berkley, CA 94 704
Email Address: [email protected]
Telephone: (510) 666-1010
Fax: NIA -----------------
"CONT RAC TOR"
l:\PLANNING\Admln\Contracts\Raimi & Associa tes\Amendment No. 2\Amendment No. 2 Draft Raimi ECR.doc
Amendment No. 2 to Agreement/Raiml & Associates, Inc.

Rev. 08/28/2018
Page2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1133 Agenda Date: 9/13/2022

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Lee Broughman Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss the Issue of Council Person Karen Hardy and Raj Chahal Attendance as a Guest of 49ers at a Game on November 15, 2021 in Violation of Santa Clara City Council Gift Policy and reprimand for these violations (Deferred from August 30, 2022)

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Written Petition on July 7, 2022 from Lee Broughman, requesting to place an agenda item on a future council meeting for Council to discuss the issue of Council person Karen Hardy and Raj Chahal attendance as a guest of 49ers at game on November 15, 2021 in violation of Santa Clara City Council gift policy (Attachment 2).

In the request Lee Broughman states:

I want to see the City Council place on a future agenda the issue of council person Karen Hardy and Raj Chahal attendance as a guest of 49ers at game on November 15, 2021 in violation of Santa Clara City Council gift policy, Santa Clara law that prohibits lobbyist, like the 49ers execs, from giving any gifts of any value to any Councilmember and violates a state law that requires them to declare any gift received. I also would like Hardy and Chapel reprimanded for these violations.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.

PUBLIC CONTACT
City of Santa Clara Printed on 9/8/2022Page 1 of 2
powered by Legistar™
22-1133 Agenda Date: 9/13/2022
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Written Petition submitted by Lee Broughman dated July 6, 2022 City of Santa Clara Printed on 9/8/2022Page 2 of 2
powered by Legistar™
RESOLUTION NO. 20-8895

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM

REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council
Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That Resolution No. 20-8809 is hereby rescinded in its entirety.

2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17

3. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PURPOSE
POLICY

ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

Members of the City Council:

The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.

Referral from a Council Committee:

Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.

Items Referred During a Council Meeting:

By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble

PROCEDURE

FOR WRITTEN

PETITIONS

ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:

Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.

1. All requests to address the City Council shall be submitted in writing.

Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .

2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL

ADD ING AN ITEM ON THE AGENDA

1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.

2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _

WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895

RECEIVED
'JUL, 7 2022
C·1ty of
�ityC/erk'sOfficeCity of Santa Clara
Santa Clara
The Center of What's Possible

CITY COUNCIL WRITTEN PETITION
Date: July 6, 2022
I, Leanne (Lee) Broughman hereby request that the following subject be placed on the City of Santa Clara Council and Authorities Concurrent Meeting Agenda in August, 2022:

I want to see The City Council place on a future agenda The issue of Council person Karen Hardy and Raj Chahal attendance as a guest of 49ers at game on November 15, 2021 in violation of Santa Clara City Council gift policy, Santa Clara law that prohibits lobbyists, like the 49er execs, from giving any gifts of any value to any Council member and violates a state law that requires them to declare any gift received. I also would like Hardy and Chahal reprimanded for these violations
By submitting this form, I am confirming that I am the requestor herein listed and that the information provided is truthful and correct to the best of my knowledge. I understand that it is important that I attend the meeting in the event there are any questions the May or and/or Council wishes to ask me. I also understand that the City may not place my item on the Agenda if it is not verifiable and within the subject matter jurisdiction of the City.
1675 Scott Blvd., #321 Santa Clara, CA 95050 [email protected] 408-234-6092
This is a copy of a public document Form updated 2017 doc.

City Council and Authorities ConcurrentSeptember 13, 2022

City Council and Authorities Concurrent
September 13, 2022